SPECIAL MEMBER STATE TERRITORIES AND THE EUROPEAN UNION
- + Add to Faves
- + Translate
- + Share
العربية
ä¸å›½
Français
Deutsch
Ελληνική
हिनà¥à¤¦à¥€
Italiano
日本語
Português
РуÑÑкий
Español
(Redirected from Special member state territories and their relations with the European Union)
As of 2007 the 'European Union' has 27 member states, most of which participate in all EU policy areas and programs or have signed up to do so. However EU law does not always apply evenly to all of the territory of all of the member states. Many member states have 'special territories' which for either historical, geographical or political reasons have differing relationships with their national governments — and consequently also the European Union — than the rest of the member state's territory. Many of these special territories don't participate in all or any EU policy areas and programs. Some have no official relationship with the EU while others participate in EU programs in line with the provisions of European Union directives, regulations or protocols attached to the European Union treaties.
The 'Outermost regions' are seven regions of EU member states in which European Union law applies, but where derogations may apply to take account of their "structural social and economic situation ... which is compounded by their remoteness, insularity, small size, difficult topography and climate, economic dependence on a few products, the permanence and combination of which severely restrain their development."(Article 299(2)).
Azores and Madeira are two groups of Portuguese islands in the Atlantic. While derogations from the application of EU law could apply, none do.
The Canary Islands are a group of Spanish island in the Atlantic. They are outside the European Union Value Added Tax Area[1] but otherwise EU law applies in its totality.
French Guiana, Guadeloupe, Martinique and Réunion are French Overseas departments and under French law are, for the most part, treated as integral parts of the Republic. Each also forms a French Overseas region. The euro is legal tender and they are part of the European Union Customs Union[2]. However they are outside the Schengen area, and the Value Added Tax area. Despite their official separation from Guadeloupe on 25 July 2007, Saint Barthelemy and Saint Martin retain their status as OMR.
The 'overseas countries and territories' are twenty territories that have a special relationship with one of the member states of the EU: eleven with the United Kingdom, six with France, two with the Netherlands and one with Denmark. They were invited to form association agreements with the EU and may opt-in to EU provision's on Freedom of movement for workers (Article 186) and freedom of establishment (Article 183(5)). They are not subject to the EU's common external tariff (Article 184(1)) but may claim customs on goods imported from the EU on a non-discriminatory basis (Article 184(3) and (5)). They are not part of the EU, and EU law applies to them only in so far is necessary to implement the association agreements.
Twelve overseas territories of the United Kingdom, namely:
★ Anguilla,
★ Bermuda,
★ British Antarctic Territory,
★ British Indian Ocean Territory,
★ British Virgin Islands,
★ Cayman Islands,
★ Falkland Islands,
★ Montserrat,
★ Pitcairn Islands,
★ Saint Helena,
★ South Georgia and the South Sandwich Islands, and
★ Turks and Caicos Islands
are counted as Overseas Countries and Territories under the Treaty of Rome, however Bermuda was excluded from the scheme on its own request.[3]
All citizens of the British overseas territories — including those connected to Bermuda, but excluding those connected to Britain's sovereign bases in Cyprus — were granted full British citizenship by the ''British Overseas Territories Act 2002''. They are consequently citizens of the European Union.
This is, however, rather moot in relation to the British Antarctic Territory and the British Indian Ocean Territory, as neither of these has a permanent population. Britain's claim to the former is suspended due to the operation of the Antarctic Treaty System, while the native inhabitants of the latter were forcibly depopulated in the 1970s to make way for an American military base.
Mayotte, Saint-Pierre and Miquelon, French Polynesia, Wallis and Futuna and French Southern and Antarctic Lands (which now includes the French Scattered Islands in the Indian Ocean) are ''overseas collectivities'' (formerly referred to as overseas territories) of France, while New Caledonia is a ''sui generis collectivity''.
Mayotte and of Saint-Pierre and Miquelon are both part of the Eurozone,[4] while New Caledonia, French Polynesia and Wallis and Futuna, use the Franc Pacifique a currency which is tied to the Euro.
Natives of the collectivities are European citizens owing to their French citizenship and elections to the European Parliament are held in the collectivities, a point which has little impact on the French Southern and Antarctic Lands which is uninhabited other than for a few scientific bases and France's territorial claim to the southern half, the Antarctic Lands, is suspended due to the operation of the Antarctic Treaty System.
Greenland is a special case among the overseas countries and territories as it is the only one which was once part of Union (then called the European Community) before they voted to leave in 1982. Greenlanders are, nonetheless, full European Union citizens owing to their Danish citizenship.
Netherlands Antilles and Aruba are autonomous parts of the Kingdom of the Netherlands. They are excluded from the operation of EU law by reason of a protocol attached to the Treaty of Rome, however they are counted as overseas territories. The inhabitants of the islands are EU Citizens owing to their Dutch nationality, but most of them were not, until recently, entitled to vote in European Parliamentary Elections. This has been recently ruled to be contrary to EU law by the Court of Justice as Dutch citizens residents outside the EU, other than those resident in either the Netherlands Antilles and Aruba, were entitled to vote in the Dutch elections to the European Parliament.
The Netherlands Antilles are currently in a phase of reform: on December 15, 2008,[5] the Netherlands Antilles will be dissolved and replaced by the two overseas autonomous countries of Curaçao and Sint Maarten on the one hand, and the three Dutch municipalities of Bonaire, Saba and Sint Eustatius on the other hand. The latter three will have to apply most of Dutch law and could then opt to become an ''outmost region'' of the EU if they so wished.
While the ''outmost regions'' and the ''overseas counties and territories'' fall to be considered with structured categories amongst which common mechanisms apply, this is not true of all the special territories. Some territories enjoy ad-hoc arrangements in their relationship with the EU. Some of these could be called protocol territories as their status is governed by protocols attached to their respective countries' accession treaties. The rest owe their states to European Union legislative provisions which exclude the territories from the application of the legislation concerned. many opt-out from either the Value Added Tax Area or the Customs Union or both.
Ã…land, a group of Swedish-speaking Finnish islands off the Swedish coast, joined the EU along with Finland in 1995. The islands had a separate referendum on accession and like the Finnish mainland voted in favour.
While most EU law applies to Ã…land it is outside the VAT area and is exempt from common rules in relation to turnover taxes, excise duties and indirect taxation. There are also restrictions on the freedom of movement of people and services, the right of establishment and the purchase or holding of real estate in Ã…land.[6]
The German exclave town of Büsingen am Hochrhein, fully surrounded by Switzerland, is in customs union with the latter non-EU country.[7] The euro is legal tender, although the Swiss franc is preferred. Büsingen is excluded from the EU Customs Union and VAT area. Swiss VAT and sales taxes are paid.[8]
The Italian enclave village of Campione d'Italia is totally surrounded by Switzerland's Canton Ticino (Tessin) as well as Lake Lugano (Lake Ceresio) and is in the Province of Como, whilst Livigno a small and remote mountain resort town is in the Italian Province of Sondrio. Although part of the EU they are excluded from the Customs Union and VAT Area, with Livigno's tax status dating back to Napoleonic times.
Ceuta and Melilla are two Spanish enclaves on the Moroccan coast. They are excluded from the common agricultural and fisheries policies. They are also outside the Customs Union and VAT Area, however no customs are levied on goods exported from the Union into either Ceuta and Melilla, and certain goods originating in Ceuta and Melilla are exempt from customs charges.
The Channel Islands and the Isle of Man are British Crown dependencies, the former being just off the French coast and the latter being in the middle of the Irish Sea. The islands take part in the EU freedom of movement of goods but not people, services or capital. The Channel Islands are outside the VAT area, while the Isle of Man is inside it. Both are inside the Customs Union.
Channel Islanders and Manx people are British citizens and hence European citizens. However they are not entitled to take advantage of the freedom of movement of people or services unless they are directly connected (through birth, descent from a parent or grandparent, or five years residence) with the United Kingdom.[9]
Although the whole island became part of the European Union on 1 May 2004, EU law only applies to the southern part of the island, which is controlled by the government of the Republic of Cyprus. EU law is suspended in the northern third of the island,[10] the "''Turkish Republic of Northern Cyprus''" (recognised only by Turkey). Turkish Cypriots living there are nonetheless European citizens and are entitled, at least in principle, to vote in elections to the European Parliament, however elections to that Parliament are not held in northern Cyprus.
The United Kingdom has two sovereign bases on Cyprus known as Akrotiri and Dhekelia. Unlike other British overseas territories, they are not listed as Overseas Countries and Territories under the Treaty of Rome and their inhabitants (who are entitled to British Overseas Territories Citizenship) have never been entitled to British citizenship.
Prior to Cypriot accession to the EU in 2004, EU law did not apply to the sovereign bases (Article 299(6)(b)). This position was changed by the Cypriot accession treaty and EU law, while still not applying in principle, applies to the extent necessary to implement a protocol attached to that treaty.[11] In practice this protocol applies a substantial portion of EU law to the sovereign bases including provisions relative to agricultural policy, customs and indirect taxation. The UK also agreed in the Protocol to keep enough control of the external (i.e. off-island and northern Cyprus) borders of the sovereign bases to ensure that the border between the sovereign bases and the Republic of Cyprus can remain fully open and will not have to be policed as an external EU border. Consequently the sovereign bases will become a ''de-facto'' part of the Schengen Area if and when Cyprus implements it.
As pointed out above inhabitants of the sovereign bases have never been entitled to British citizenship or the European Union citizenship that would go with it.[12] However, apart from those temporarily living there in connection with the British forces, the majority of the inhabitants are nationals of the Republic of Cyprus and therefore European citizens.
The Green Line is a United Nations buffer line between north and south Cyprus patrolled by UN troops. It is uninhabited, apart from the one mixed Greek and Turkish village, Pyla. While the Cyprus protocol Union divides the island into those areas controlled by the government of the Republic and those not. It is not clear whether the green line should be considered part of the former or the latter areas and consequently whether EU law applies to the green line and to Pyla.
The Faroe Islands are not part of the EU and Danish nationals residing in the Faroe Islands are not to be considered as nationals of a member state within the meaning of the treaties or consequently citizens of the European Union. One of the curious upshots of which is if Faroe Islanders move to the Union (as opposed to just going there on holiday) they become EU citizens capable of exercising the right of freedom of movement as they would no longer be resident on the Faroe Islands.
Gibraltar, a British enclave on the Spanish coast, is part of the EU, having joined the European Economic Community with the United Kingdom in 1973. Article 299(4) applies the treaty to "the European territories for whose external relations a Member State is responsible". In practice Gibraltar is the only territory covered by this clause. Notwithstanding its being part of the EU, Gibraltar is outside the Customs Union and VAT Area and is excluded from the Common Agricultural Policy.
Owing to a declaration lodged by the United Kingdom with the EEC in 1982 Gibraltarians were to be counted as British nationals for the purposes of Community law. This was notwithstanding that they were not, at the time, ''British citizens'' but were instead ''British Overseas Territories Citizens''. As such Gibraltarians enjoyed European Union citizenship from its creation in the Maastricht Treaty. All Gibraltarians have since been granted full British Citizenship.
Despite their status as EU citizens resident in the EU, elections to the European Parliament were not held in Gibraltar until 2004. Its inclusion can be said, at least in part, to relate European Court of Human Rights' ruling in Matthews v. United Kingdom which deemed that Gibraltar's exclusion violated Article 3 of Protocol 1 to the European Convention on Human Rights. In the European Parliament election 2004 the territory was deemed to be part of the South West England constituency of the United Kingdom.
Heligoland is an German island situated 70 km (44 miles) off he German north-western coast. It is part of the EU, but is excluded from the Customs Union and VAT Area.
Mount Athos, an autonomous monastic region of Greece, is outside the VAT area. Greece's EU accession treaty provides that Mount Athos maintains its centuries-old special legal status. For example, the entry of women to Mt. Athos is prohibited, in spite of EU laws on gender discrimination.
Finland leases the Saimaa Canal and the island of Malyj Vysotskij from Russia. Russian law is in force, with a few exceptions concerning maritime rules and the employment of canal staff, which fall under Finnish jurisdiction. There are also special rules concerning vessels travelling to Finland via the canal. Russian visas are not required for just passing through the canal.
The French Overseas Collectivities of Saint Barthelemy and Saint Martin and the overseas territory of Clipperton Island share the dubious distinction of being overseas possessions of a member state - France - that are not, either directly or indirectly, referred to the treaties. Consequently isn't clear whether the treaties apply to any of these places or the degree to which they apply.
Saint Barthelemy and Saint Martin were broken away on 22 February 2007 from the French Overseas Department of Guadeloupe to be formed into two new collectivities. A French parliamentary report noted that they would have to change from being part of an ''outmost region'' to being ''overseas countries or territories'',[13] and that changes to the treaties would have be sought by the French government. In the interim the only things which appear to be clear are that both still continue to use the euro (the currency of Guadeloupe) as legal tender, they are outside the Schengen Area (as only the French mainland is included) and the Customs Union.[14]
On 21 February 2007, the administration of the Clipperton Island was transferred from the High Commissioner of the Republic in French Polynesia to the Minister of Overseas France. While it is not clear whether EU treaties apply there, this has few ramifications as it is entirely uninhabited.
The Austrian area of Kleinwalsertal formerly enjoyed a special legal status. Kleinwalsertal has road access only to Germany, and not directly to other parts of Austria. It was in customs and currency union with Germany and there were no border controls between Kleinwalsertal and Germany. When Austria entered the EU (and its customs union) in 1995, Kleinwalsertal's customs union became defunct. The Schengen Agreement (1997) and introduction of the euro (2002) caused Kleinwalsertal to lose its remaining legal privileges. It is now legally treated in the same manner as the rest of Austria.
★ European Union member states
★ Third country relationships with the EU
★ Microstates and the European Union
★ History of the European Union
★ European Union law
★ Eurozone
★ Elections in the European Union
★ European Union Association Agreement
★ List of European Union pages
★ List of dependent territories
★ Information on the "Overseas countries and territories" from the European Commission
1. Article 6 of Council Directive 2006/112/EC of 28 November 2006 (as amended) on the common system of value added tax (OJ L 347, 11.12.2006, p. 1) [1]
2. Article 3(1) of Council Regulation 2913/92/EEC of 12 October 1992 establishing the Community Customs Code (as amended) (OJ L 302, 19.10.1992, p. 1-50) [2].
3. Paragraph 22 of the preamble to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (OJ L 314, 30.11.2001, p. 1-77) [3].
4. By virtue of Council Decision 1999/95/EC of 31 December 1998 concerning the monetary arrangements in the French territorial communities of Saint-Pierre-et-Miquelon and Mayotte (OJ L 30, 4.2.1999, p. 29-30) [4].
5. Agreement on division of Netherlands Antilles
6. Protocol 2 (on the Ã…land Islands) of the Finnish accession treaty (OJ C 241, 29.08.1994) [5].
7. Treaty of 23 November 1964 between the Federal Republic of Germany and the Swiss Confederation on the inclusion of the commune of Büsingen am Hochrhein in the customs territory of the Swiss Confederation, as referred to in Article 3(1) of Council Regulation 2913/92/EEC of 12 October 1992 establishing the Community Customs Code (as amended) (OJ L 302, 19.10.1992, p. 1-50) [6].
8.
9. Protocol 3 of the United Kingdom's succession treaty to the EU (OJ L 73, 27.03.1972).
10. Article 1(1) of Protocol 10 of the Cypriot accession treaty (OJ L 236, 23.9.2003, p. 955) [7].
11. Protocol 3 of the Cypriot accession treaty (OJ L 236, 23.9.2003, p. 955) [8].
12. ''British Overseas Territories Act 2002''.
13. Rapport d'information n° 329 (2004-2005) de MM. Jean-Jacques HYEST, Christian COINTAT et Simon SUTOUR, fait au nom de la commission des lois, déposé le 10 mai 2005 (French Senate report; in French). [9]
14. This is owing to Article 3 of Council Regulation 2913/92/EEC of 12 October 1992 establishing the Community Customs Code (as amended) (OJ L 302, 19.10.1992, p. 1-50) [10], as it excludes all of the collectivities from the Union's customs territory without referring to any by name; thus automatically excluding any new ones.
'Map of European Union in the world'
As of 2007 the 'European Union' has 27 member states, most of which participate in all EU policy areas and programs or have signed up to do so. However EU law does not always apply evenly to all of the territory of all of the member states. Many member states have 'special territories' which for either historical, geographical or political reasons have differing relationships with their national governments — and consequently also the European Union — than the rest of the member state's territory. Many of these special territories don't participate in all or any EU policy areas and programs. Some have no official relationship with the EU while others participate in EU programs in line with the provisions of European Union directives, regulations or protocols attached to the European Union treaties.
Outermost regions
The 'Outermost regions' are seven regions of EU member states in which European Union law applies, but where derogations may apply to take account of their "structural social and economic situation ... which is compounded by their remoteness, insularity, small size, difficult topography and climate, economic dependence on a few products, the permanence and combination of which severely restrain their development."(Article 299(2)).
Azores and Madeira
Azores and Madeira are two groups of Portuguese islands in the Atlantic. While derogations from the application of EU law could apply, none do.
Canary Islands
The Canary Islands are a group of Spanish island in the Atlantic. They are outside the European Union Value Added Tax Area[1] but otherwise EU law applies in its totality.
French overseas departments
French Guiana, Guadeloupe, Martinique and Réunion are French Overseas departments and under French law are, for the most part, treated as integral parts of the Republic. Each also forms a French Overseas region. The euro is legal tender and they are part of the European Union Customs Union[2]. However they are outside the Schengen area, and the Value Added Tax area. Despite their official separation from Guadeloupe on 25 July 2007, Saint Barthelemy and Saint Martin retain their status as OMR.
Overseas countries and territories
The 'overseas countries and territories' are twenty territories that have a special relationship with one of the member states of the EU: eleven with the United Kingdom, six with France, two with the Netherlands and one with Denmark. They were invited to form association agreements with the EU and may opt-in to EU provision's on Freedom of movement for workers (Article 186) and freedom of establishment (Article 183(5)). They are not subject to the EU's common external tariff (Article 184(1)) but may claim customs on goods imported from the EU on a non-discriminatory basis (Article 184(3) and (5)). They are not part of the EU, and EU law applies to them only in so far is necessary to implement the association agreements.
British overseas territories
Twelve overseas territories of the United Kingdom, namely:
★ Anguilla,
★ Bermuda,
★ British Antarctic Territory,
★ British Indian Ocean Territory,
★ British Virgin Islands,
★ Cayman Islands,
★ Falkland Islands,
★ Montserrat,
★ Pitcairn Islands,
★ Saint Helena,
★ South Georgia and the South Sandwich Islands, and
★ Turks and Caicos Islands
are counted as Overseas Countries and Territories under the Treaty of Rome, however Bermuda was excluded from the scheme on its own request.[3]
All citizens of the British overseas territories — including those connected to Bermuda, but excluding those connected to Britain's sovereign bases in Cyprus — were granted full British citizenship by the ''British Overseas Territories Act 2002''. They are consequently citizens of the European Union.
This is, however, rather moot in relation to the British Antarctic Territory and the British Indian Ocean Territory, as neither of these has a permanent population. Britain's claim to the former is suspended due to the operation of the Antarctic Treaty System, while the native inhabitants of the latter were forcibly depopulated in the 1970s to make way for an American military base.
French overseas collectivities and New Caledonia
Mayotte, Saint-Pierre and Miquelon, French Polynesia, Wallis and Futuna and French Southern and Antarctic Lands (which now includes the French Scattered Islands in the Indian Ocean) are ''overseas collectivities'' (formerly referred to as overseas territories) of France, while New Caledonia is a ''sui generis collectivity''.
Mayotte and of Saint-Pierre and Miquelon are both part of the Eurozone,[4] while New Caledonia, French Polynesia and Wallis and Futuna, use the Franc Pacifique a currency which is tied to the Euro.
Natives of the collectivities are European citizens owing to their French citizenship and elections to the European Parliament are held in the collectivities, a point which has little impact on the French Southern and Antarctic Lands which is uninhabited other than for a few scientific bases and France's territorial claim to the southern half, the Antarctic Lands, is suspended due to the operation of the Antarctic Treaty System.
Greenland
Greenland is a special case among the overseas countries and territories as it is the only one which was once part of Union (then called the European Community) before they voted to leave in 1982. Greenlanders are, nonetheless, full European Union citizens owing to their Danish citizenship.
Netherlands Antilles and Aruba
Netherlands Antilles and Aruba are autonomous parts of the Kingdom of the Netherlands. They are excluded from the operation of EU law by reason of a protocol attached to the Treaty of Rome, however they are counted as overseas territories. The inhabitants of the islands are EU Citizens owing to their Dutch nationality, but most of them were not, until recently, entitled to vote in European Parliamentary Elections. This has been recently ruled to be contrary to EU law by the Court of Justice as Dutch citizens residents outside the EU, other than those resident in either the Netherlands Antilles and Aruba, were entitled to vote in the Dutch elections to the European Parliament.
The Netherlands Antilles are currently in a phase of reform: on December 15, 2008,[5] the Netherlands Antilles will be dissolved and replaced by the two overseas autonomous countries of Curaçao and Sint Maarten on the one hand, and the three Dutch municipalities of Bonaire, Saba and Sint Eustatius on the other hand. The latter three will have to apply most of Dutch law and could then opt to become an ''outmost region'' of the EU if they so wished.
Special cases
While the ''outmost regions'' and the ''overseas counties and territories'' fall to be considered with structured categories amongst which common mechanisms apply, this is not true of all the special territories. Some territories enjoy ad-hoc arrangements in their relationship with the EU. Some of these could be called protocol territories as their status is governed by protocols attached to their respective countries' accession treaties. The rest owe their states to European Union legislative provisions which exclude the territories from the application of the legislation concerned. many opt-out from either the Value Added Tax Area or the Customs Union or both.
Ã…land Islands
Ã…land, a group of Swedish-speaking Finnish islands off the Swedish coast, joined the EU along with Finland in 1995. The islands had a separate referendum on accession and like the Finnish mainland voted in favour.
While most EU law applies to Ã…land it is outside the VAT area and is exempt from common rules in relation to turnover taxes, excise duties and indirect taxation. There are also restrictions on the freedom of movement of people and services, the right of establishment and the purchase or holding of real estate in Ã…land.[6]
Büsingen am Hochrhein
The German exclave town of Büsingen am Hochrhein, fully surrounded by Switzerland, is in customs union with the latter non-EU country.[7] The euro is legal tender, although the Swiss franc is preferred. Büsingen is excluded from the EU Customs Union and VAT area. Swiss VAT and sales taxes are paid.[8]
Campione d'Italia and Livigno
The Italian enclave village of Campione d'Italia is totally surrounded by Switzerland's Canton Ticino (Tessin) as well as Lake Lugano (Lake Ceresio) and is in the Province of Como, whilst Livigno a small and remote mountain resort town is in the Italian Province of Sondrio. Although part of the EU they are excluded from the Customs Union and VAT Area, with Livigno's tax status dating back to Napoleonic times.
Ceuta and Melilla
Ceuta and Melilla are two Spanish enclaves on the Moroccan coast. They are excluded from the common agricultural and fisheries policies. They are also outside the Customs Union and VAT Area, however no customs are levied on goods exported from the Union into either Ceuta and Melilla, and certain goods originating in Ceuta and Melilla are exempt from customs charges.
The Channel Islands and the Isle of Man
The Channel Islands and the Isle of Man are British Crown dependencies, the former being just off the French coast and the latter being in the middle of the Irish Sea. The islands take part in the EU freedom of movement of goods but not people, services or capital. The Channel Islands are outside the VAT area, while the Isle of Man is inside it. Both are inside the Customs Union.
Channel Islanders and Manx people are British citizens and hence European citizens. However they are not entitled to take advantage of the freedom of movement of people or services unless they are directly connected (through birth, descent from a parent or grandparent, or five years residence) with the United Kingdom.[9]
Cyprus
Although the whole island became part of the European Union on 1 May 2004, EU law only applies to the southern part of the island, which is controlled by the government of the Republic of Cyprus. EU law is suspended in the northern third of the island,[10] the "''Turkish Republic of Northern Cyprus''" (recognised only by Turkey). Turkish Cypriots living there are nonetheless European citizens and are entitled, at least in principle, to vote in elections to the European Parliament, however elections to that Parliament are not held in northern Cyprus.
United Kingdom sovereign bases
The United Kingdom has two sovereign bases on Cyprus known as Akrotiri and Dhekelia. Unlike other British overseas territories, they are not listed as Overseas Countries and Territories under the Treaty of Rome and their inhabitants (who are entitled to British Overseas Territories Citizenship) have never been entitled to British citizenship.
Prior to Cypriot accession to the EU in 2004, EU law did not apply to the sovereign bases (Article 299(6)(b)). This position was changed by the Cypriot accession treaty and EU law, while still not applying in principle, applies to the extent necessary to implement a protocol attached to that treaty.[11] In practice this protocol applies a substantial portion of EU law to the sovereign bases including provisions relative to agricultural policy, customs and indirect taxation. The UK also agreed in the Protocol to keep enough control of the external (i.e. off-island and northern Cyprus) borders of the sovereign bases to ensure that the border between the sovereign bases and the Republic of Cyprus can remain fully open and will not have to be policed as an external EU border. Consequently the sovereign bases will become a ''de-facto'' part of the Schengen Area if and when Cyprus implements it.
As pointed out above inhabitants of the sovereign bases have never been entitled to British citizenship or the European Union citizenship that would go with it.[12] However, apart from those temporarily living there in connection with the British forces, the majority of the inhabitants are nationals of the Republic of Cyprus and therefore European citizens.
The Green line
The Green Line is a United Nations buffer line between north and south Cyprus patrolled by UN troops. It is uninhabited, apart from the one mixed Greek and Turkish village, Pyla. While the Cyprus protocol Union divides the island into those areas controlled by the government of the Republic and those not. It is not clear whether the green line should be considered part of the former or the latter areas and consequently whether EU law applies to the green line and to Pyla.
Faroe Islands
The Faroe Islands are not part of the EU and Danish nationals residing in the Faroe Islands are not to be considered as nationals of a member state within the meaning of the treaties or consequently citizens of the European Union. One of the curious upshots of which is if Faroe Islanders move to the Union (as opposed to just going there on holiday) they become EU citizens capable of exercising the right of freedom of movement as they would no longer be resident on the Faroe Islands.
Gibraltar
Gibraltar, a British enclave on the Spanish coast, is part of the EU, having joined the European Economic Community with the United Kingdom in 1973. Article 299(4) applies the treaty to "the European territories for whose external relations a Member State is responsible". In practice Gibraltar is the only territory covered by this clause. Notwithstanding its being part of the EU, Gibraltar is outside the Customs Union and VAT Area and is excluded from the Common Agricultural Policy.
Owing to a declaration lodged by the United Kingdom with the EEC in 1982 Gibraltarians were to be counted as British nationals for the purposes of Community law. This was notwithstanding that they were not, at the time, ''British citizens'' but were instead ''British Overseas Territories Citizens''. As such Gibraltarians enjoyed European Union citizenship from its creation in the Maastricht Treaty. All Gibraltarians have since been granted full British Citizenship.
Despite their status as EU citizens resident in the EU, elections to the European Parliament were not held in Gibraltar until 2004. Its inclusion can be said, at least in part, to relate European Court of Human Rights' ruling in Matthews v. United Kingdom which deemed that Gibraltar's exclusion violated Article 3 of Protocol 1 to the European Convention on Human Rights. In the European Parliament election 2004 the territory was deemed to be part of the South West England constituency of the United Kingdom.
Heligoland
Heligoland is an German island situated 70 km (44 miles) off he German north-western coast. It is part of the EU, but is excluded from the Customs Union and VAT Area.
Mount Athos
Mount Athos, an autonomous monastic region of Greece, is outside the VAT area. Greece's EU accession treaty provides that Mount Athos maintains its centuries-old special legal status. For example, the entry of women to Mt. Athos is prohibited, in spite of EU laws on gender discrimination.
Saimaa Canal and Malyj Vysotskij Island
Finland leases the Saimaa Canal and the island of Malyj Vysotskij from Russia. Russian law is in force, with a few exceptions concerning maritime rules and the employment of canal staff, which fall under Finnish jurisdiction. There are also special rules concerning vessels travelling to Finland via the canal. Russian visas are not required for just passing through the canal.
Saint Barthelemy, Saint Martin, and Clipperton Island
The French Overseas Collectivities of Saint Barthelemy and Saint Martin and the overseas territory of Clipperton Island share the dubious distinction of being overseas possessions of a member state - France - that are not, either directly or indirectly, referred to the treaties. Consequently isn't clear whether the treaties apply to any of these places or the degree to which they apply.
Saint Barthelemy and Saint Martin were broken away on 22 February 2007 from the French Overseas Department of Guadeloupe to be formed into two new collectivities. A French parliamentary report noted that they would have to change from being part of an ''outmost region'' to being ''overseas countries or territories'',[13] and that changes to the treaties would have be sought by the French government. In the interim the only things which appear to be clear are that both still continue to use the euro (the currency of Guadeloupe) as legal tender, they are outside the Schengen Area (as only the French mainland is included) and the Customs Union.[14]
On 21 February 2007, the administration of the Clipperton Island was transferred from the High Commissioner of the Republic in French Polynesia to the Minister of Overseas France. While it is not clear whether EU treaties apply there, this has few ramifications as it is entirely uninhabited.
Former Special territories
Kleinwalsertal
The Austrian area of Kleinwalsertal formerly enjoyed a special legal status. Kleinwalsertal has road access only to Germany, and not directly to other parts of Austria. It was in customs and currency union with Germany and there were no border controls between Kleinwalsertal and Germany. When Austria entered the EU (and its customs union) in 1995, Kleinwalsertal's customs union became defunct. The Schengen Agreement (1997) and introduction of the euro (2002) caused Kleinwalsertal to lose its remaining legal privileges. It is now legally treated in the same manner as the rest of Austria.
See also
★ European Union member states
★ Third country relationships with the EU
★ Microstates and the European Union
★ History of the European Union
★ European Union law
★ Eurozone
★ Elections in the European Union
★ European Union Association Agreement
★ List of European Union pages
★ List of dependent territories
External links
★ Information on the "Overseas countries and territories" from the European Commission
Footnotes
1. Article 6 of Council Directive 2006/112/EC of 28 November 2006 (as amended) on the common system of value added tax (OJ L 347, 11.12.2006, p. 1) [1]
2. Article 3(1) of Council Regulation 2913/92/EEC of 12 October 1992 establishing the Community Customs Code (as amended) (OJ L 302, 19.10.1992, p. 1-50) [2].
3. Paragraph 22 of the preamble to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (OJ L 314, 30.11.2001, p. 1-77) [3].
4. By virtue of Council Decision 1999/95/EC of 31 December 1998 concerning the monetary arrangements in the French territorial communities of Saint-Pierre-et-Miquelon and Mayotte (OJ L 30, 4.2.1999, p. 29-30) [4].
5. Agreement on division of Netherlands Antilles
6. Protocol 2 (on the Ã…land Islands) of the Finnish accession treaty (OJ C 241, 29.08.1994) [5].
7. Treaty of 23 November 1964 between the Federal Republic of Germany and the Swiss Confederation on the inclusion of the commune of Büsingen am Hochrhein in the customs territory of the Swiss Confederation, as referred to in Article 3(1) of Council Regulation 2913/92/EEC of 12 October 1992 establishing the Community Customs Code (as amended) (OJ L 302, 19.10.1992, p. 1-50) [6].
8.
9. Protocol 3 of the United Kingdom's succession treaty to the EU (OJ L 73, 27.03.1972).
10. Article 1(1) of Protocol 10 of the Cypriot accession treaty (OJ L 236, 23.9.2003, p. 955) [7].
11. Protocol 3 of the Cypriot accession treaty (OJ L 236, 23.9.2003, p. 955) [8].
12. ''British Overseas Territories Act 2002''.
13. Rapport d'information n° 329 (2004-2005) de MM. Jean-Jacques HYEST, Christian COINTAT et Simon SUTOUR, fait au nom de la commission des lois, déposé le 10 mai 2005 (French Senate report; in French). [9]
14. This is owing to Article 3 of Council Regulation 2913/92/EEC of 12 October 1992 establishing the Community Customs Code (as amended) (OJ L 302, 19.10.1992, p. 1-50) [10], as it excludes all of the collectivities from the Union's customs territory without referring to any by name; thus automatically excluding any new ones.
This article provided by Wikipedia. To edit the contents of this article, click here for original source.
psst.. try this: add to faves
Featured Companies
| Golf Holidays International |
Newest Companies
Special member state territories and the European Union Travel Deals
