Special member state territories and their relations with the EU Guide, Meaning , Facts, Information and Description
Two parts of the treaty of the European Community deal with special relationships: Article 299 which sets out the territories to which the treaty applies, supplemented by the accession treaties; and Articles 182-188 and Annex II on association with the non-European countries and territories which have special relations with the member states.The outermost regions are 7 regions (4 in France, 2 in Portugal, 1 in Spain) where EC law applies, but where it is possible to derogate to common EC legislation to take account of their remoteness.
The overseas countries and territories (OCTs) are 21 countries that have a special relationship with one of the Member States of the European Community: 12 with the UK, 6 with France, 2 with the Netherlands, 1 with Denmark. Together with other countries they benefit from the European Development Fund (EDF) [1], not the Regional Policy.
Cyprus
Northern part of the island
Although the whole island became part of the European Union on 1 May 2004, EU legislation applies only to the Greek (southern) part of the island (Republic of Cyprus). EU legislation is suspended in the Turkish northern part of the island, also known as the internationally not recognised Turkish Republic of Northern Cyprus, after a referendum on reunion failed in the south. Nationals of the Republic of Cyprus living there are nonetheless fully European citizens and were entitled to vote at European Parliament election 2004 (though only a few hundred registered).
After the establishment of Greenland's home rule in 1979 (effective from 1980), a new referendum on membership was held, where people decided to leave the community. On February 1, 1985, Greenland left the EEC and EURATOM.
Danish nationals residing in Greenland are nonetheless fully European citizens; they are not however entitled to vote in European elections.
Åland is outside the EU tax union. Special provisions apply for the purchase of real estate and the right of carrying on business. The status of Åland under international law is acknowledged. In addition, a note in the protocol confirms Åland's special status under international law.
By virtue of Council Decision 1999/95/EC, the euro is the currency of Mayotte and Saint-Pierre et Miquelon. In New Caledonia, French Polynesia and Wallis and Futuna, the currency is the franc Pacifique, tied to the euro at 655.957 FCP per euro (a protocol annexed to the Treaty of Rome by Maastricht treaty has confirmed the privilege of monetary emission for France in its overseas territories).
French nationals related to these collectivities are fully European citizens, and european elections are also organized in these collectivities.
According to the ECB euro faq, the euro is legal tender but there does not seem to be any legal foundation to this affirmation. Furthermore, several countries do not recognize the French claim to "Adelie Land" in Antartica, and France's territorial claim is suspended in accordance with the Antarctic Treaty System.
Dutch nationals related to these territories are fully European citizens; however, Dutch citizens residing in Netherlands Antilles or Aruba are normally not entitled to vote at european elections.
As stipulated by a protocol to the treaty of accession of the United Kingdom, they are part of the Customs union.
British citizens related to these islands are European citizens. However, a protocol to the treaty of accession of the United Kingdom stipulates that Channel Islanders or Manxmen shall not benefit from provisions relating to the free movement of persons and services. A resident of the Channel Islands or the Isle of Man is normally not entitled to vote at european elections.
Things get a bit trickier seen from a Spanish point of view. As Spain claims sovereignty over a part of the territory of Gibraltar (the isthmus), you must distinguish between the Rock of Gibraltar -which is part of the EU since the United Kingdom is in charge of external relations- and the isthmus -which is part of the EU as part of Spanish territory. See details (in Spanish) on the Spanish foreign relations ministery website. Anyway, Spain does not contend over the validity or the territorial extension of the exemptions accorded to Gibraltar, hence the subtle difference of appreciation of the causes of Gibraltar inclusion in the Union has no practical consequence. Furthermore, a common declaration of Spain and the UK is to be annexed to the Treaty establishing a constitution for Europe; this declaration reads as follows: "The Treaty establishing the Constitution applies to Gibraltar as a European territory for whose external relations a Member State is responsible. This shall not imply changes in the respective positions of the Member States concerned".
Though Spain and the UK agree on which parts of EC law apply to Gibraltar, things can get nasty when facts must be qualified, e.g. if you have to determine whether a flight between Gibraltar and Spain is an external or an internal relation.
As negotiated by the UK at the request of Gibraltar's government, some EU laws do not extend to Gibraltar. Due to various dispositions of the treaty of accession of the UK to the Communities :
British nationals settled there are British Overseas Territories Citizens related to Gibraltar ; as such they are fully European citizens, as results from a declaration of 1982 by the United Kingdom.
Gibraltar was excluded from the elections to the European Parliament by a special disposition of the Treaty organizing these elections by direct suffrage, but this disposition was successfully challenged before the European Court of Human Rights. As a consequence of this decision, Gibraltarians could vote at European Parliament election 2004; when the territory was deemed to be part of the South West England region of the United Kingdom.
British nationals settled there are British Overseas Territories Citizens not related to Gibraltar, and as such are not European citizens.
The rather lengthy referred to by the treaty makes appliable to the Sovereign bases on Cyprus various slices of EU law, for instance provisions relative to agricultural policy.
British nationals settled there are British Overseas Territories Citizens not related to Gibraltar, and as such are not European citizens. Indeed they are even the only British Overseas Territories Citizens with no right of abode in Britain, and therefore the only Cypriots not benefitting freedom of establishment throughout the Union.
This is an Article on Special member state territories and their relations with the EU. Page Contains Information, Facts Details or Explanation Guide About Special member state territories and their relations with the EU Buffer zone
According to protocol 10 annexed to the treaty of accession of Cyprus to the European Union, the Council of the European Union "shall define the terms under which the provisions of EU law shall apply to the line between those areas referred to in Article 1 [i.e. northern Cyprus] and the areas in which the Government of the Republic of Cyprus exercises effective control".UK sovereign bases on Cyprus
For UK sovereign base areas of Akrotiri and Dhekelia, see underneath under "United Kingdom". Xylotimbou and Ormidhia are Cypriot enclaves within the Dhekelia base, and are therefore part of the EU.Denmark
Faroe Islands
The Faroe Islands are not part of the EU, as explicitly asserted by both Rome treaties. Even more, a protocol to the treaty of accession of Denmark to the European Communities stipulates that Danish nationals residing in the Faroe Islands are not to be considered as Danish nationals within the meaning of the treaties. Hence, Danish people living in the Faroe are not citizens of the European Union.Greenland
Greenland is not a member of the European Union. When the original Danish referendum on EEC membership took place, Greenland was still an integrated part of Denmark and had no home rule. The results in Greenland showed a majority of 70% against joining the EEC. However, since the referendum was won in the whole country, the territory joined along with the rest of Denmark.Finland
Åland Islands
The Åland Islands held a separate referendum from Finland to join the EU. The turnout was positive, hence Åland also joined the union with Finland. The legal currency is the Euro.France
French overseas departments and overseas regions
The four territories of Martinique, Guadeloupe, French Guiana and Réunion are at the same time overseas departments and mono-departmental overseas regions. According to the EC treaty (article 299 2), overseas departements are outermost regions; provisions of the EC treaty apply there while derogations are allowed. Hence the euro is legal tender, and these four areas are depicted beneath the map of Europe on Euro banknotes. They are outside EU VAT area.French overseas collectivities and New Caledonia
The four territories of Mayotte, Saint-Pierre and Miquelon, French Polynesia and Wallis and Futuna are overseas collectivities while New Caledonia is a collectivity sui generis. As concerns the EU treaty, all five are among the OCTs enumerated in Annex II, which means that EU law does not apply there. However, since the Treaty establishing the European Atomic Energy Community applies to the European territories of Member States and to non European territories under their jurisdiction, EURATOM legislation does apply.French Southern Territories
Though there is no permanent population, the French Southern Territories are the sixth and last French territory enumerated in the Annex II of the EC treaty. Hence what has been written above for French overseas collectivities applies there (though of course there are no european elections here). Other unpopulated islands
Since the Scattered Islands in the Indian Ocean and Clipperton Island are not enumerated in Annex II of the EC treaty, their legal position in relation with the Community seems rather unclear.Germany
Büsingen am Hochrhein
The German enclave town of Büsingen am Hochrhein is in customs union with Switzerland. The Euro is legal tender, although the Swiss Franc is preferred. Büsingen is excluded from the EU VAT area.Island of Heligoland
Heligoland is part of the EU, but is excluded from the EU VAT area and customs union.Greece
Mount Athos
Mount Athos in Greece is outside EU VAT area.Italy
Campione d'Italia
The enclave town of Campione d'Italia is part of Italy, but is in customs union with Switzerland. The Swiss franc is legal tender, but the euro is accepted. This town is excluded from EU fiscal VAT area.Livigno commune
Livigno is excluded from EU VAT area. The Euro is legal tender.Netherlands
Netherlands Antilles and Aruba
Though parts of the Kingdom of the Netherlands, Netherlands Antilles and Aruba are overseas countries and territories, listed under Annex II of the EC treaty. Hence EC law does not apply there. The euro has not legal tender (the local currencies, Antillean guilder and Aruba florin are pegged to the US dollar).Portugal
Azores and Madeira
According to the EC treaty (article 299 2), Azores and Madeira are outermost regions; provisions of the EC treaty apply there while derogations are allowed. Hence the euro is legal tender. Both places pay VAT taxes.Spain
Canary Islands
According to the EC treaty (article 299 2), Canary Islands constitute an outermost region; provisions of the EC treaty apply there while derogations are allowed. Hence the euro is legal tender. Full EU law applies on the Canary Islands, but with special tax provisions (outside EU VAT Area).Ceuta and Melilla
Full EU law applies in Ceuta and Melilla, but some exceptions have been made by a protocol annexed to the treaty of accession of Spain to the Communities (notably agricultural policy and fisheries policy do not apply there). They are also excluded from EU VAT area.Isthmus of Gibraltar
Since this area claimed by Spain is under de facto control of the United Kingdom, see underneath under "United Kingdom".United Kingdom
Crown dependencies
The Channel Islands and the Isle of Man are not part of the United Kingdom, and are excluded from EU legislation (unless otherwise stated) by both treaties of Rome as amended in 1973 by British accession.Gibraltar
Gibraltar is part of the EU, having joined the EEC with the UK in 1973: by a special provision the EU treaty applies to the European territories for whose external relations a Member State is responsible; in practice Gibraltar is the only territory covered by this clause.
So for trade Gibraltar is de facto seen as a external country by the community. The euro is not legal tender, but it is accepted informally.Other overseas territories
The twelve other overseas territories of the United Kingdom (which are Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Montserrat, Pitcairn Islands, Saint Helena and Dependencies, South Georgia and the South Sandwich Islands and Turks and Caicos Islands) are listed under Annex II of the EU treaty. Hence EC law does not apply there. Since these territories are not under British jurisdiction, EURATOM legislation does not apply either.Sovereign bases on Cyprus
Article 299(6)(b) of the EC treaty defines the status of the UK sovereign base areas on Cyprus. While they were formerly totally outside the scope of EC law, their legal situation has been modified since the accession of Cyprus to the European Union. As a matter of fact, the EC treaty now stipulates that This Treaty shall not apply to the United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus except to the extent necessary to ensure the implementation of the arrangements set out in the Protocol on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus (...) and in accordance with the terms of that Protocol.Territories sorted by level of inclusion in the European Union
This list classifies territories under sovereignty of a EU member state by level of enforceability of EC law in this territory.
EC law fully in force
EC law in force, with some exemptions
EC law not in force, but some chapters apply
EC law not in force but statute of association with the EC
EC law not enforceable at all
Unclear
See also