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Special member state territories and their relations with the European Union

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Special member state territories and their relations with the European Union

Several European Union member states have special territories which, for historical, geographical, or political reasons, enjoy special status within or outside of the European Union. These statuses range from no or limited derogation from EU policies, to limited inclusion in EU policies, to none at all. Most of the territories which are outside the EU nonetheless have a special relationship with the EU.

Map

Outermost regions

The outermost regions (OMR) are eight regions of EU member states which are part of the EU. According to the Treaty on the Functioning of the European Union, European Union law applies to these territories with possible derogations 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 ...".[1] There were initially seven outermost regions, as established by the EC Treaty, but the Treaty of Lisbon included two additional territories, both of which seceded from one of the original outermost regions.

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. Their VAT is lower than the rest of Portugal, but they are not outside the European Union Value Added Tax Area.

Canary Islands

The Canary Islands are a Spanish archipelago off the African coast which forms one of the Spanish Autonomous Communities, thus having the status of being part of Spanish territory. They are outside the European Union Value Added Tax Area.[2] The Canary Islands are the most populated and economically strongest territory of all the outermost regions in the European Union. The outermost regions office for support and information is located in these islands, in the city of Las Palmas de Gran Canaria (Gran Canaria).

French Guiana, Guadeloupe, Martinique, and Réunion

French Guiana, Guadeloupe, Martinique, and Réunion are four French overseas departments which 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.[3] However they are outside the Schengen Area and the VAT area.[2]

A fifth French Overseas Department, Mayotte, was created on 31 March 2011 when its status was changed from being an overseas collectivity. While Mayotte is currently an overseas country or territory, it is due to become an overseas region and thus part of the EU on 1 January 2014.[4]

Saint Martin

On 22 February 2007, Saint Barthélemy and Saint Martin were broken away from the French overseas department of Guadeloupe to be formed into two new overseas collectivities. As a consequence their status was unclear for a time. While a report issued by the French parliament suggested that both islands remained within the EU as outermost regions,[5] European Commission documents listed them as being outside the European Community.[6] The legal status of the islands was clarified on the coming into force of the Lisbon Treaty which lists them as outermost regions.[7]

In October 2010 the French government announced that Saint Barthélémy would cease to be an outermost region and instead become an OCT (see section below) on 1 January 2012. Saint Martin's status remained unchanged.

Overseas countries and territories

The overseas countries and territories (OCT) are twenty five territories that have a special relationship with one of the member states of the EU: twelve with the United Kingdom, six with France, six with the Netherlands and one with Denmark.[8] They are listed in Annex II acc. to Article 198 of the Treaty on the Functioning of the European Union and were invited to form association agreements with the EU and may opt into EU provisions on freedom of movement for workers (Article 202 (ex Article 186)) and freedom of establishment (Article 199(5) (ex Article 183(5))). They are not subject to the EU's common external tariff (Article 200(1) (ex Article 184(1))) but may claim customs on goods imported from the EU on a non-discriminatory basis (Article 200(3) and 200(5) (ex Article 184(3) and (5))). They are not part of the EU, and EU law applies to them only insofar is necessary to implement the association agreements.

British overseas territories

Twelve overseas territories of the United Kingdom (all but Gibraltar, which, unlike the other territories, is part of the European Union (see below), and the Sovereign Base Areas of Akrotiri and Dhekelia on Cyprus), namely:

These are counted as Overseas Countries and Territories under the Treaty of Rome; however, Bermuda has chosen not to apply for this status.[9] 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 and are consequently citizens of the European Union.

French overseas territories

Saint-Pierre and Miquelon, Saint Barthélemy, French Polynesia and Wallis and Futuna are overseas collectivities (formerly referred to as overseas territories) of France, while New Caledonia is a "sui generis collectivity". Mayotte became an overseas department on 31 March 2011, having previously been an overseas collectivity. While Mayotte is due to become an outermost region and part of the European Union on 1 January 2014, it remains an OCT and outside the EU until then.

Mayotte, Saint Barthélemy and Saint-Pierre and Miquelon are part of the Eurozone,[10] while New Caledonia, French Polynesia and Wallis and Futuna use the CFP Franc, a currency which is tied to the euro and guaranteed by France. Natives of the collectivities are European citizens owing to their French citizenship and elections to the European Parliament are held in the collectivities.

A declaration (43) annexed to the final act of the Treaty of Lisbon stated that upon request from the French government, the European Council would have to make a decision in order to make Mayotte an outermost region when "the evolution currently under way in the internal status of the island so allows".[7] (In March 2011, Mayotte became an overseas department and overseas region of France, a collectivité unique,[11] and the French government anticipates its becoming an Outermost Region.[12] The French government is expected to make a formal request to the Council of the European Union for Mayotte to become an OMR.[13])

The French Southern and Antarctic Lands (which include the French Scattered Islands in the Indian Ocean) is a French Overseas Territory but has no permanent population.[14] Both have sui generis statuses within France.[15] It has overseas countries and territories status within the European Union.

On 22 February 2007, Saint Barthélemy and Saint Martin were separated from the French overseas department of Guadeloupe to form two new overseas collectivities. As a consequence, their status was unclear for a time. While a report issued by the French parliament suggested that both islands remained within the EU as outermost regions,[5] European Commission documents listed them as being outside the European Community.[6] The legal status of the islands was clarified on the coming into force of the Lisbon Treaty which lists them as outermost regions.[7]

In October 2010 the French government announced that Saint Barthélémy would cease to be an outermost region and instead become an OCT on 1 January 2012, a change which, they say, should facilitate trade with countries outside the EU, notably the United States.[16] The change in Saint Barthélémy's status was made possible by a provision of the Lisbon Treaty which allows the European Council to change the EU status of a Danish, Dutch, or French territory on the initiative of the member state concerned.[17]

Dutch overseas territories

Besides the European Netherlands, the Kingdom of the Netherlands consists of the three "countries" (Dutch: landen) of Aruba, Curaçao, and Sint Maarten, which have considerable autonomy, as well as the Caribbean Netherlands islands of Bonaire, Sint Eustatius and Saba, which are special municipalities of the Netherlands proper. All six islands are "overseas territories" with respect to the European Union. The Caribbean Netherlands will remain OCTs at least until 2015, after which a different status may be proposed.[18] The islands inherited this status from the Netherlands Antilles (Aruba in 1986 with its secession from the Netherlands Antilles, and Curaçao, Sint Maarten and the Caribbean Netherlands in 2010 with the dissolution of the Netherlands Antilles.) The Netherlands Antilles were initially specifically excluded from all association with the EEC by reason of a protocol attached to the Treaty of Rome, allowing the Netherlands to ratify on behalf of the Netherlands (the European territory) and Netherlands New Guinea only, which it subsequently did.[19] Following the entry into force of the Convention on the association of the Netherlands Antilles with the European Economic Community on 1 October 1964, however, the Netherlands Antilles were counted as overseas territories. The inhabitants of the islands are EU citizens owing to their Dutch citizenship, but most of them were not, until recently, entitled to vote in European Parliamentary Elections. Non-voting rights were ruled to be contrary to EU law by the European Court of Justice as Dutch citizens resident outside the EU, other than those resident in either the former Netherlands Antilles and Aruba, were entitled to vote in the Dutch elections to the European Parliament.[20]

Aruba, Bonaire, Curaçao, Sint Eustatius, Sint Maarten, and Saba are listed as OCTs in the Treaty on the Functioning of the European Union.

Greenland

Greenland joined the then European Community in 1973 along with Denmark, but voted to leave the EC in 1982 and left in 1985. Greenlanders are, nonetheless, full European Union citizens owing to their Danish citizenship.

Special cases

While the outermost regions and the overseas countries and territories fall into structured categories to 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 status to European Union legislative provisions which exclude the territories from the application of the legislation concerned. Many opt out from either the VAT area or the customs union or both.

Åland Islands

Åland, a group of islands belonging to Finland, but with partial autonomy, located between Sweden and Finland, with a Swedish-speaking population, joined the EU along with Finland in 1995. The islands had a separate referendum on accession and like the Finnish mainland voted in favour.

EU law, including the fundamental four freedoms, applies to Åland.[21] However there are some derogations due to the islands' special status. Åland is outside the VAT area[2] and is exempt from common rules in relation to turnover taxes, excise duties and indirect taxation.[22] In addition, to protect the local economy, the treaty of accession allows for a concept of hembygdsrätt/kotiseutuoikeus (regional citizenship). Consequently there are restrictons on the holding of property and real estate, the right of establishment for business purposes and limitations on who can provide services in Åland, for people not holding this status.[23] The status may be obtained by anyone legally resident in Åland for 5 years that can demonstrate an adequate knowledge of the Swedish language.[24]

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.[25] The euro is legal tender, although the Swiss franc is preferred.[26] Büsingen is excluded from the EU customs union and VAT area.[2] Swiss VAT and sales taxes are paid.[27]

Campione d'Italia and Livigno

The Italian exclave village of Campione d'Italia is totally surrounded by Switzerland's Ticino canton as well as Lake Lugano (or Ceresio), and is a comune in the Province of Como, whilst Livigno, a small and remote mountain resort town, is a comune in the Province of Sondrio. Both comuni are part of the Lombardy region. 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.[2] Moreover, legal tender in Campione d'Italia is the Swiss franc, even with the euro widely accepted.[28]

Ceuta and Melilla

Ceuta and Melilla are two Spanish cities on the North African coast. They are part of the EU but they are excluded from the common agricultural and fisheries policies. They are also outside the customs union and VAT area,[2] but 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.

While nominally part of the Schengen Area, Spain performs identity checks on all sea and air passengers leaving the enclaves for elsewhere in the Schengen Area.[29]

The Channel Islands and the Isle of Man

Jersey, Guernsey and the Isle of Man are British Crown dependencies, the former two 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 (as they were defined in 1972, when the UK joined the European Communities, now Jersey and Guernsey) are outside the VAT area (since they have no VAT), while the Isle of Man is inside it.[2] Both areas are inside the customs union.[3]

Channel Islanders and Manx people are British citizens and hence European citizens.[30] However, they are not entitled to participate in the freedom of movement of people or services unless they are directly connected (through birth, descent from a parent or grandparent) with the United Kingdom. However, after five years continuous residence in the United Kingdom, islanders are entitled to participate in the freedom of movement of people or services throughout the EU.[31]

Cyprus

When the Republic of Cyprus became part of the European Union on 1 May 2004, the northern third of the island was outside of the effective control of its government, a United Nations buffer zone of varying width separated the two parts, and a further 3% of the island was taken up by UK sovereign bases (under British sovereignty since the Treaty of Establishment in 1960). Two protocols to the Treaty of Accession 2003 – numbers 3 and 10, known as the "Sovereign Base Areas Protocol" and the "Cyprus Protocol" respectively – reflect this complex situation.

EU law only applies fully to the part of the island that is effectively controlled by the government of the Republic of Cyprus. EU law is suspended in the northern third of the island (the Turkish Republic of Northern Cyprus, whose independence is recognised only by Turkey) by article 1(1) of the Cyprus Protocol.[32]

Cypriot nationality law applies to the entire island and is accordingly available to the inhabitants of Northern Cyprus and the British sovereign base areas on the same basis as to those born in the area controlled by the Republic of Cyprus.[33][34] Citizens of the Republic of Cyprus living in Northern Cyprus are EU citizens and are entitled to vote in elections to the European Parliament; however, elections to that Parliament are not organised in Northern Cyprus.

United Kingdom sovereign bases

The United Kingdom has two sovereign bases on Cyprus, namely 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.[35] 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.[36] This protocol applies EU law relating to the Common Agricultural Policy, customs, indirect taxation, social policy and justice and home affairs to the sovereign base areas. The sovereign base authorities have also made provision for the unilateral application of directly applicable EU law.[37] 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. The bases are already de facto members of the eurozone due to their previous use of the Cypriot pound before it was replaced by the euro in 2008.

As pointed out above, inhabitants of the sovereign bases have never been entitled to British citizenship or to the European Union citizenship that would go with it.[38] Just under half of the population of the sovereign base areas are Cypriots, the rest are British military personnel, support staff and their dependants.[39] In a declaration attached to the Treaty of Establishment of the Republic of Cyprus of 1960 the British government undertook not to allow new settlement of people in the sovereign base areas other than for temporary purposes.[40]

United Nations buffer zone

The United Nations buffer zone between north and south Cyprus ranges in width from a few metres in central Nicosia to several kilometres in the countryside. While it is nominally under the sovereignty of the Republic of Cyprus, it is effectively administered by the United Nations Peacekeeping Force in Cyprus (UNFICYP). The population of the zone is 8,686 (as of October 2007), and one of the mandates of UNFICYP is "to encourage the fullest possible resumption of normal civilian activity in the buffer zone".[41] Article 2.1 of the Cyprus Protocol[32] allows the European Council to determine to what extent the provisions of EU law apply in the buffer zone.[42]

Faroe Islands

The Faroe Islands are not part of the EU. Danish citizens residing on the islands, who hold Faroese-Danish passports (modelled on the pre-EU green Danish passports), are not considered as citizens of a member state within the meaning of the treaties or, consequently, citizens of the European Union.[43] However Faroese may become EU citizens by changing their residence to the Danish mainland.

The Faroe Islands are not part of the Schengen Area, and Schengen visas are not valid. However, the islands are part of the Nordic Passport Union.[44] This means that there is an identity check upon arrival on the islands where Nordic citizens on intra-Nordic travel need no passport, only showing the ticket plus identity card.

Gibraltar

Gibraltar is a British overseas territory located near the southernmost tip of the Iberian Peninsula and overlooking the Strait of Gibraltar, sharing a border with Spain to the north. It is part of the EU, having joined the European Economic Community under the United Kingdom in 1973. Article 355(3) (ex Article 299(4)) applies the treaty to "the European territories for whose external relations a Member State is responsible", a provision which in practice only applies to Gibraltar. Although it is part of the EU, Gibraltar is outside the customs union and VAT area and is exempted from the Common Agricultural Policy; it does not form part of the Schengen Area.[45] As a separate jurisdiction to the UK, Gibraltar's government and parliament are responsible for the transposition of EU law into local law.

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 all, at the time, British citizens but many were British Overseas Territories citizens. As such Gibraltarians have enjoyed European Union citizenship from its creation by the Maastricht Treaty. All Gibraltarians have since been granted full British citizenship.[38]

Despite their status as EU citizens resident in the EU, elections to the European Parliament were not held in Gibraltar until 2004. The inclusion resulted from the European Court of Human Rights' 1999 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 2004 European Parliament election the territory formed part of the South West England constituency of the United Kingdom. The inclusion was unsuccessfully challenged by Spain before the European Court of Justice.[20]

Like the UK, Gibraltar does not form part of the Schengen Area and, as a result, the border between Spain and Gibraltar is an external Schengen border through which Spain is legally obliged to perform full entrance and exit controls. However Gibraltar does participate in certain police and judicial cooperation aspects of the Schengen acquis in line with the UK's request to participate in the same measures.[46]

With respect to the application of EU law to Gibraltar, the governments of Spain and the United Kingdom made the following Declaration which is appended (as Declaration 55) to the Treaty on European Union: "The Treaties apply 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."[47]

Heligoland

Heligoland is an island of Germany situated 70 km (43 mi) off the German north-western coast. It is part of the EU, but is excluded from the customs union and the VAT area.[2]

Mount Athos

Mount Athos is an autonomous monastic region of Greece. Greece's EU accession treaty provides that Mount Athos maintains its centuries-old special legal status,[48] guaranteed by article 105 of the Greek Constitution. It is part of the customs union but outside the VAT area.[2] Notwithstanding that a special permit is required to enter the peninsula and that there is a prohibition on the admittance of women, it is part of the Schengen Area.[49] A declaration attached to Greece's accession treaty to the Schengen Agreement states that Mount Athos's "special status" should be taken into account in the application of the Schengen rules.[50]

Clipperton

Areas of extraterritoriality

Saimaa Canal

Finland leases the 19.6 km long Russian part of the Saimaa Canal from Russia and is granted extraterritoriality rights. The area is not part of the EU, it is a special part of Russia. Under the treaty signed by Finnish and Russian governments, 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, but a passport is needed and it is checked at the border. Euros are accepted for the canal fees. Prior to the 50-year lease renewal coming into effect in February 2012, the Maly Vysotsky Island had also been leased and managed by Finland. Since then it has been fully managed by Russian authorities, and is no longer part of the concession territory.

Värska–Ulitina road

The road from Värska to Ulitina in Estonia, traditionally the only road to the Ulitina area, goes through Russian territory for one kilometre of its length, an area called Saatse Boot. This road has no border control, but there is no connection to any other road in Russia. It is not permitted to stop or walk along the road. This area is a part of Russia but is also a part of the Schengen area.

The Saimaa Canal and Värska–Ulitina road are two of several odd travel arrangements that exist because of changes in borders over the course of the 20th century, where transport routes and installations ended up on the wrong side of the border.

Former special territories

Many currently independent states or parts of such were previously territories of the following EU members since the latter joined the EU or, previously the European Coal and Steel Community (ESCS):

  • Belgium (with multiple territories, from ECSC formation until 1962)
  • France (with multiple territories, from ECSC formation)
  • Italy (with Italian Somaliland, from ECSC formation until 1960)
  • The Netherlands (with multiple territories, from ECSC formation)
  • Portugal (with multiple territories, from 1986 enlargement until 2002)
  • United Kingdom (with multiple territories, from 1973 enlargement)

Most of them left their former mother country before the implementation of the Maastricht treaty in 1993 and the following years, meaning that cooperations like the EU citizenship, the VAT union or the Eurozone did not exist, so it made less difference to be a special territory then.

These were:

  • Cambodia (gained independence from France in 1953), no Community treaty applied there, besides ECSC preferences[51]
  • Laos (gained independence from France in 1954), no Community treaty applied there, besides ECSC preferences[51]
  • Vietnam (gained independence from France in 1954), no Community treaty applied there, besides ECSC preferences[51]
  • Tunisia (gained independence from France in 1956), no Community treaty applied there, besides ECSC preferences[51]
  • Morocco (gained independence from France in 1956), no Community treaty applied there, besides ECSC preferences[51]
  • Guinea (gained independence from France in 1958), was with OCT status[52]
  • Cameroon (French-administered part gained independence from France in 1960 along with some of UK-administered parts); was with OCT status for the French part[52]
  • Togo (gained independence from France in 1960), was with OCT status[52]
  • Mali (gained independence from France in 1960), was with OCT status[52]
  • Senegal (gained independence from France in 1960), was with OCT status[52]
  • Madagascar (gained independence from France in 1960), was with OCT status[52]
  • DR Congo (gained independence from Belgium in 1960), was with OCT status[52]
  • Somalia (Italian-administered part gained independence from Italy in 1960 along with UK-administered part); was with OCT status for the Italian part[52]
  • Benin (gained independence from France in 1960), was with OCT status[52]
  • Niger (gained independence from France in 1960), was with OCT status[52]
  • Burkina Faso (gained independence from France in 1960), was with OCT status[52]
  • Ivory Coast (gained independence from France in 1960), was with OCT status[52]
  • Chad (gained independence from France in 1960), was with OCT status[52]
  • Central African Republic (gained independence from France in 1960), was with OCT status[52]
  • Congo (gained independence from France in 1960), was with OCT status[52]
  • Gabon (gained independence from France in 1960), was with OCT status[52]
  • Mauritania (gained independence from France in 1960), was with OCT status[52]
  • Burundi (gained independence from Belgium in 1962), was with OCT status[52]
  • Rwanda (gained independence from Belgium in 1962), was with OCT status[52]
  • Netherlands New Guinea (transferred from the Netherlands to UN in 1962, later merged with Indonesia), was with OCT status[52]
  • Suriname (gained independence from the Netherlands in 1975), was with OCT status,[51][53][54] EURATOM application unsure.[55]
  • Algeria (gained independence from France in 1962), was with status similar to OMR[56]
  • Bahamas (gained independence from the UK in 1973), was with OCT status[57]
  • Grenada (gained independence from the UK in 1973), was with OCT status[57]
  • Comoros (gained independence from France in 1962), was with OCT status[52]
  • Seychelles (gained independence from the UK in 1976), was with OCT status[57]
  • French Somaliland (gained independence from France as Djibouti in 1977), was with OCT status[52]
  • Solomon Islands (gained independence from the UK in 1976), was with OCT status[57]
  • Tuvalu (gained independence from the UK in 1978), was with OCT status[57]
  • Dominica (gained independence from the UK in 1978), was with OCT status[57]
  • Saint Lucia (gained independence from the UK in 1979), was with OCT status[57]
  • Kiribati (gained independence from the UK in 1979), was with OCT status[57]
  • Saint Vincent and the Grenadines (gained independence from the UK in 1979), was with OCT status[57]
  • Zimbabwe (gained de jure independence from the UK in 1980), no Community treaty applied there, besides ECSC preferences[51][58]
  • Vanuatu (gained independence from the UK and France in 1980), generally was with OCT status [59]
  • Belize (gained independence from the UK in 1981), was with OCT status[57]
  • Antigua and Barbuda (gained independence from the UK in 1981), was with OCT status[57]
  • Saint Kitts and Nevis (gained independence from the UK in 1983), was with OCT status[57]
  • Brunei (gained independence from UK in 1984), was with OCT status[57]
  • Hong Kong (sovereignty transferred from the UK to China in 1997), no Community treaty applied there,[58] besides ECSC preferences[51]
  • Macao (sovereignty transferred from Portugal to China in 1999), EURATOM was applicable,[60] besides the ECSC preferences[51]
  • Timor-Leste (East Timor) (gained independence from Portugal in 2002), no Community treaty applied there [61]

Additionally in Europe there were special territories in the past that had different status than their "mainland", because of various reasons, but now are part of a member state. Some of these territories were as follows:

  • The Austrian areas of Kleinwalsertal and Jungholz formerly enjoyed a special legal status. The 2 areas have road access only to Germany, and not directly to other parts of Austria. They were in customs and currency union with Germany and there were no border controls between Kleinwalsertal and Jungholz, respectively, and Germany. When Austria entered the EU (and its customs union) in 1995, the customs union became defunct. The entry into force of the Schengen Agreement for Austria (1997) and the introduction of the euro (2002) caused Kleinwalsertal and Jungholz to lose their remaining legal privileges. It is now legally treated in the same manner as the rest of Austria.
  • Saar (merged with West Germany on 1 January 1957), was fully part of the Community as French-administered European territory [62]
  • West Berlin (merged with West Germany on 3 October 1990), was with full application of the treaties[63]
  • East Germany was until 1972 on the paper a part of one Germany and the European Community, since West Germany, the NATO countries and the European Community did not recognize East Germany until 1972. East Germany did not recognize any membership of the EC.

Summary

This table summarises the various components of EU laws applied in the EU member states and their sovereign territories. Member states that do not have special-status territories are not included (as there the EU law applies fully with the exception of the opt-outs in the European Union and states under a safeguard clause or transitional period). Some territories of EFTA member states also have a special status in regard to EU laws applied as is the case with some European microstates.[64]

Member states and sovereign territories Application of EU law? Enforceable in local courts? EURATOM? EU citizenship? EU elections? Schengen area? EU VAT area? EU customs territory? EU single market? Eurozone?
 Cyprus,
except:
Yes Yes Yes Yes Yes Set to implement later[65] Yes Yes Yes Yes
  United Nations UN Buffer Zone With exemptions Yes  ? Yes Yes[66] No Yes Yes[67] With exemptions[68] Yes
 Northern Cyprus Suspended No No Yes Yes[66] No No No[69] No[70] No, TRY
 Denmark,
except:
Yes[71] Yes Yes Yes Yes Yes Yes Yes Yes No, DKK (ERM II)
   Greenland Minimal (OCT)[72] Yes No[73] Yes No No No No[69] Partial[74] No, DKK (ERM II)
 Faroe Islands No No No[75] No No No No No[69] Minimal (FTA)[64][76] No, DKK (ERM II)
 Finland,
except:
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
   Åland Islands With exemptions Yes Yes[77] Yes Yes Yes No Yes[69] With exemptions Yes
 France (Metropolitan),
except:
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
   French Guiana With exemptions (OMR) Yes Yes Yes Yes No[78] No Yes[69] Yes Yes
 Guadeloupe With exemptions (OMR) Yes Yes Yes Yes No[78] No Yes[69] Yes Yes
 Martinique With exemptions (OMR) Yes Yes Yes Yes No[78] No Yes[69] Yes Yes
 Réunion With exemptions (OMR) Yes Yes Yes Yes No[78] No Yes[69] Yes Yes
 Mayotte Minimal (OCT)[72][79] Yes Yes Yes Yes No[78] No No[69] Partial[74] Yes[80]
 Saint Martin With exemptions (OMR)[81] Yes Yes Yes Yes No[78] No Yes[69] Yes Yes[80]
 Saint Barthélemy Minimal (OCT)[72] Yes Yes Yes Yes No[78] No  ?  ? Yes[80]
 Saint Pierre and Miquelon Minimal (OCT)[72] Yes Yes Yes Yes No[78] No No[69] Partial[74] Yes[80]
 Wallis and Futuna Minimal (OCT)[72] Yes Yes Yes Yes No[78] No No[69] Partial[74] XPF, pegged to EUR
 French Polynesia Minimal (OCT)[72] Yes Yes Yes Yes No[78] No No[69] Partial[74] XPF, pegged to EUR
 New Caledonia Minimal (OCT)[72] Yes Yes Yes Yes No[78] No No[69] Partial[74] XPF, pegged to EUR
 French Southern and Antarctic Lands Minimal (OCT)[72] Yes Yes Yes No No[78] No No[69] Partial[74] Yes[82]
 Clipperton Island Yes[82][83] Yes
Yes Yes No No[78] Yes[82][83] Yes[82][83] Yes[82][83] Yes[82][83]
 Germany,
except:
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
   Büsingen am Hochrhein Yes Yes Yes Yes Yes Yes[84] No No[69] Yes Yes
 Heligoland Yes Yes Yes Yes Yes Yes No No[69] Yes Yes
 Greece,
except:
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
   Mount Athos Yes Yes Yes Yes Yes Yes No Yes[69] Yes Yes
 Italy,
except:
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
  Livigno Yes Yes Yes Yes Yes Yes No No[69] Yes Yes
 Campione d'Italia Yes Yes Yes Yes Yes Yes[84] No No[69] Yes No, CHF[28]
 Netherlands,
except:
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
   Bonaire Minimal (OCT)[72] No No[85] Yes Yes No[78] No No[3] Partial[74] No, USD[86]
 Saba Minimal (OCT)[72] No No[85] Yes Yes No[78] No No[3] Partial[74] No, USD[86]
 Sint Eustatius Minimal (OCT)[72] No No[85] Yes Yes No[78] No No[3] Partial[74] No, USD[86]
 Curaçao Minimal (OCT)[72] No No[87] Yes Yes No[78] No No[3] Partial[74] No, ANG[88]
 Sint Maarten Minimal (OCT)[72] No No[87] Yes Yes No[78] No No[3] Partial[74] No, ANG[88]
 Aruba Minimal (OCT)[72] No Unsure[75][89] Yes Yes No[78] No No[3] Partial[74] No, AWG
 Portugal,
except:
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
   Azores With exemptions (OMR) Yes Yes Yes Yes Yes Yes Yes Yes Yes
 Madeira With exemptions (OMR) Yes Yes Yes Yes Yes Yes Yes Yes Yes
 Spain,
except:
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
   Canary Islands With exemptions (OMR) Yes Yes Yes Yes Yes No Yes Yes Yes
 Ceuta With exemptions
Yes Yes Yes Yes Partial[91] No No Minimal (FTA)[64][92] Yes
 Melilla With exemptions
Yes Yes Yes Yes Partial[91] No No Minimal (FTA)[64][92] Yes
 United Kingdom,
except:
Yes[71] Yes Yes Yes Yes Police and judicial cooperation only[93] Yes Yes Yes No, GBP
   Gibraltar With exemptions[94] Yes[94] Yes[75] Yes[95] Yes Police and judicial cooperation only[93] No No With exemptions No, GIP
United Kingdom Akrotiri and Dhekelia Minimal[96] Yes[97] No[75] No No[66] Set to implement later[65] Yes[100] Yes[3] With exemptions
Yes[101]
 Saint Helena, Ascension and Tristan da Cunha Minimal (OCT)[72] Yes[102] Yes[75][103] Yes No No No No Partial[74] No, SHP
 Falkland Islands Minimal (OCT)[72] No Yes[75][103] Yes No No No No Partial[74] No, FKP
 South Georgia and the South Sandwich Islands Minimal (OCT)[72] No Yes[75][103] Yes No No No No Partial[74] No, GBP
 British Antarctic Territory Minimal (OCT)[72] No Yes[75][103] Yes No No No No Partial[74] No, GBP[104]
 Bermuda Minimal (OCT)[9][72] No Yes[75][103] Yes No No No No Partial[74] No, BMD
 Cayman Islands Minimal (OCT)[72] No Yes[75][103] Yes No No No No Partial[74] No, KYD
 Anguilla Minimal (OCT)[72] No Yes[75][103] Yes No No No No Partial[74] No, XCD
 Montserrat Minimal (OCT)[72] No Yes[75][103] Yes No No No No Partial[74] No, XCD
 British Virgin Islands Minimal (OCT)[72] No Yes[75][103] Yes No No No No Partial[74] No, USD
 Turks and Caicos Islands Minimal (OCT)[72] No Yes[75][103] Yes No No No No Partial[74] No, USD
 British Indian Ocean Territory Minimal (OCT)[72] No Yes[75][103] Yes No No No No Partial[74] No, GBP, USD[105]
 Pitcairn Islands Minimal (OCT)[72] Yes[106] Yes[75][103] Yes No No No No Partial[74] No, NZD
 Isle of Man Partial[107] Yes[108] Partial[75][107] Partial[109] No No[93] Yes[100] Yes[3] Minimal (FTA)[64][110] No, GBP
 Guernsey, with dependencies of
 Alderney,
 Herm and
 Sark
Partial[107] Yes[111] Partial[75][107] Partial[109] No No[93] No[100] Yes[3] Minimal (FTA)[64][110] No, GBP
 Jersey Partial[107] Yes[112] Partial[75][107] Partial[109] No No[93] No[100] Yes[3] Minimal (FTA)[64][110] No, GBP
Member states and sovereign territories Application of EU law? Enforceable in local courts? EURATOM? EU citizenship? EU elections? Schengen area? EU VAT area? EU customs territory? EU single market? Eurozone?
Legend for the "Application of EU law" column:   [Full or with exemptions.[113]] — [Partial.] — [Minimal or none. Not part of the EU territory.]

See also

Footnotes

Template:Region topics

External links

  • Information on the "Overseas countries and territories" from the European Commission
    • Review of CARIFORUM-EU EPA - and Implications for the British and Dutch Caribbean Octs - What the CARIFORUM-EU trade deal means for current EU territories

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