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Special member state territories and their relations with the European Union
From Wikipedia, the free encyclopedia
Two parts of the Treaty of Rome 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 (according to article 299) are the seven regions (four of France, two of Portugal, one of Spain) in which European Union law applies, but where it is possible to derogate to common EU legislation to take account of their remoteness. (The four of France are outside the Schengen zone, while the two of Portugal and one of Spain are inside it.)
The overseas countries and territories (OCTs) are 20 countries that have a special relationship with one of the member states of the European Union: 11 with the UK, six with France, two with the Netherlands, one with Denmark. Together with other countries, they may benefit from the European Development Fund (EDF),[1] but not the Regional policy.
Although OCTs are not subject to most parts of EU law, Articles 182-188 of the Treaty of Rome, OCTs are - in theory at least - subject to restrictions on their tariff regimes with the European Union and EU law in the area of freedom of establishment.
They are formally not part of the EU customs union, meaning that all imports from the OCT to the EU must be declared to the customs. But they have according to the treaty of Rome freedom from customs duties (correct documentation needed). They can however claim customs when importing from the EU. They do not belong to the EU VAT union.
According to the article 299 of the Treaty of Rome, some areas are not part of the EU at all, like the Faroe Islands, and the Channel Islands. There are, however, special treaties regarding them.
The EU VAT union handles value added tax and some other sales taxes like alcohol tax. Buyers across the border pay the VAT to the seller according to the sales country rules. The seller does not have to do any formalities, much easier than before. A private person using it himself does not have to do anything more either. A company selling it again claims the local VAT and sales tax from the customer and pays the difference like domestic goods.
When trading from outside the VAT union, the seller doesn’t claim VAT, according to export rules, and the buyer must pay the local VAT and sales tax. An exception is for small amounts for personal use ("Duty-free").
Ferries between two ports inside the VAT union are considered inside the union even if passing international waters. Same for airplanes. For that reason Åland did not join the VAT union, allowing duty-free sales onboard.
When trading between two countries inside the EU customs union, goods usually do not have to be declared, they are treated like domestic goods. Some areas are formally not part of the EU customs union, but have a Free-Trade agreement with the EU. Imports from them into the EU have to declared, but for most goods no customs have to be paid. Such areas include the OCT areas, the EEA countries, Switzerland, the EU candidate countries, and a few more.
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 had a customs union, and currency union with Germany; it used the Deutsche Mark. In addition, there were no border controls between Kleinwalsertal and Germany. When Austria entered the EU in 1995, the special customs union was cancelled, replaced by the standard EU customs union. 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.
Although the whole island became part of the European Union on 1 May 2004, EU legislation applies only to the southern part of the island, which is controlled by the government of the Republic of Cyprus. EU legislation is suspended in the occupied Turkish Cypriot northern third of the island -Turkish Republic of Northern Cyprus (recognised only by Turkey), after a referendum seeking reunion was voted against by the Greek Cypriot component. Turkish Cypriots living there are nonetheless fully European citizens and were entitled to vote at European Parliament election 2004 (though only a few hundred registered).
Protocol 10 annexed to the treaty of accession of Cyprus to the European Union divides the island into those areas controlled by the government of the Republic and those not. It is a moot point whether anyone but the UN controls the UN buffer zone, as the zone is uninhabited, apart from the one mixed Greek and Turkish village — Pyla, east of Larnaka. According to the Protocol 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". However, this mainly refers to whether the line is treated as an external border of the EU for the purposes of imports and immigration, and so governs what happens at the four crossing points rather than inside the buffer zone.
For UK sovereign base areas of Akrotiri (Ακρωτήρι) and Dhekelia (Δεκέλεια), see underneath under "United Kingdom". Xylotymvou (Ξυλοτύμβου) and Ormidhia (Ορμήδεια) are Cypriot enclaves within the Dhekelia base, and are therefore part of the EU.
The Faroe Islands are not part of the EU, as explicitly asserted by both Rome treaties. Moreover, 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 Faroes are not citizens of the European Union.
The Faroe Islands and Greenland do not formally belong to the Schengen union and have an agreement allowing Danish police to check people arriving from overseas. However, Denmark has a clause in the Schengen Agreement which allows free travel without check between Schengen countries and these two areas, hence checks generally only apply to those arriving from the UK and Canada.
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.
After the establishment of Greenland's home rule in 1979 (effective from 1980), a new referendum on membership was held, where the people decided to leave the community. On February 1, 1985, Greenland left the EEC and EURATOM.
Danish nationals residing in Greenland are nonetheless full European Union citizens; they are not, however, entitled to vote in European Union elections.
The Åland Islands held a separate referendum from Finland to join the EU. The vote was in support, hence Åland also joined the union with Finland. A note in the protocol confirms Åland's special status under international law. The legal currency is the euro.
Åland is outside the EU tax union, which applies mostly to value added tax, and to alcohol tax. This allows ships to sell duty-free alcohol after departure from Åland. Trade between Finland and Åland is handled like export. There are restrictions to natural and legal persons who do not have regional citizenship (Swedish hembygdsrätt, Finnish kotiseutuoikeus) in Åland to purchase or hold real estate. There are also restrictions on the right of establishment and the right to provide services. Finnish nationality and Swedish language skills are a prerequisite to obtain the regional citizenship, which may be applied after living five years in Åland.
Finland leases the Saimaa Canal and the island of Malyj Vysotskij from Russia. Russian legislation is in force, with 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.
The four territories of Martinique, French Guiana, Guadeloupe and Réunion are overseas departments and at the same time mono-departmental overseas regions. According to the EC treaty (article 299 2), overseas departments 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 the EU VAT area.
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 the majority of 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.
By virtue of Council Decision 1999/95/EC, the euro is the currency of Mayotte and of Saint-Pierre and Miquelon. In New Caledonia, French Polynesia and Wallis and Futuna, the currency is the Franc Pacifique (XPF), tied to the euro (1000 XPF = 8.38 EUR) (a protocol annexed to the Treaty of Rome by the 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.
On 22 February 2007, St. Barthelemy and St. Martin were detached from the Overseas Department of Guadeloupe, and each were made into their individual collectives, also keeping the euro as their currency.
The French Southern and Antarctic Lands are the sixth and last French territory enumerated in the Annex II of the EC treaty. Hence what has been said above for French overseas collectivities applies there but there are no European elections here because there are no permanent residents, only permanent settlements.
According to the ECB euro faq, the euro is legal tender. Furthermore, several countries do not recognize the French claim to Adelie Land in Antarctica.
The Scattered Islands in the Indian Ocean and Clipperton Island are not enumerated in Annex II of the EC treaty, hence their legal position in relation to the Community seems unclear. In particular it is unclear if Clipperton is to be regarded as part of French Polynesia and thus subject to the annex or not.
Basel / Mulhouse airport, also called EuroAirport, is located in France, but is divided between French and Swiss sections. After landing it is possible to either go through French passport control and customs and enter France, or to go through Swiss passport control and customs, and then travel to Switzerland without passing French passport check. In this area, which includes a bus stop, car parks and a 4 km fenced road to Basel, French law applies (including French VAT), but is outside the Schengen area and the EU customs area. Instead it is inside Swiss passport and customs area. A similar area including a road exists at the Geneva airport in Switzerland.
The German exclave 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. Swiss VAT and sales taxes are paid, e.g. Swiss petrol prices are used. There are no border controls with Switzerland, but when going to Germany, border controls at the German border must be passed.
Heligoland is part of the EU, but is excluded from the EU VAT area and customs union.
Mount Athos, an autonomous monastic region of Greece, is outside the EU 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.
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 the EU fiscal VAT area. Swiss VAT and sales taxes are paid, e.g. Swiss petrol prices are used. There are no border controls against Switzerland.
The mountainous territory of the municipality of Livigno (at Switzerland borders) is legally part of the EU territory, but a Zona Franca outside EU customs union and excluded from EU VAT area. The euro is legal tender. Border controls must be passed from both Italy (EU) and Switzerland.
As they are autonomous member states of the Kingdom of the Netherlands, the Netherlands Antilles and Aruba are overseas countries and regions, listed under Annex II of the EC treaty. Hence EC law does not apply there. The euro is not legal tender (the local currencies – Netherlands Antillean gulden and Aruban florin – are tied to the U.S. dollar).
Dutch nationals related to these autonomous countries are fully European citizens; however, Dutch citizens residing in Netherlands Antilles or Aruba are normally not entitled to vote at European elections. Exceptions are made for (1) Dutch citizens who lived in the European part of the Netherlands for at least ten years and (2) Dutch citizens who work for the Dutch government (the government for the whole Kingdom, not the Antillean or Aruban government) and their partners and children.
Currently, the Netherlands Antilles are in a phase of reform: on December 15, 2008,[2] this Dutch overseas country/state 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 Netherlands has proposed that the new EU constitution would allow the two autonomous member countries of the Kingdom of the Netherlands, Aruba and the Netherlands Antilles, to opt for the status of Outermost Region (see above) if and when they wish.
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. They are inside the EU VAT and customs union.
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), but inside the customs area.
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 the EU VAT area and the customs union. They are inside the Schengen area. For that reason 6 meter barbed wire fences have been erected at their borders to Morocco.
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.
Islanders are full British citizens and hence European citizens. However, a protocol to the treaty of accession of the United Kingdom stipulates that Channel Islanders or Manx people who are not connected with the United Kingdom itself (through birth, descent from a parent or grandparent, or five years residence) 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 in European elections.
For VAT purposes the Isle of Man is treated as part of the UK. There is no VAT in the Channel Islands. Goods passing between the Channel Islands and the UK or the Isle of Man are imported or exported for VAT purposes.[3]
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.
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:
- Gibraltar is outside the EU's customs territory.
- Exclusion from EU's agricultural policies.
- Exclusion from VAT harmonization.
- No part of Gibraltar's customs revenue goes to the EU.
For trade, Gibraltar is de facto seen as an external country by the community. The euro is not legal tender, but it is accepted informally.
British nationals by birth or naturalisation in Gibraltar, or descended from a person so born or naturalised, are classed as British Overseas Territories Citizens related to Gibraltar. As such, they are full EU citizens, according to a 1982 declaration by the United Kingdom. British overseas territories citizens by connection with Gibraltar were permitted from 1983 to register as British citizens under section 5 of the British Nationality Act 1981. On 21 May 2002, British citizenship was granted to all Gibraltarians who did not already possess it.
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, which decided that there was a violation of article 3 of Protocol Nr. 1 to the European Convention on Human Rights in its judgment in the Matthews case of 18 February 1999. As a consequence of this decision, Gibraltarians first voted in the European Parliament election 2004, when the territory was deemed to be part of the South West England region of the United Kingdom. The electoral register compiled for the 2004 European Election indicated that apart from a handful, most Gibraltarians had exercised their right to British Citizenship. Some 58% of the Gibraltar electorate participated compared to 31% in the region as a whole, with the Conservative Party receiving the lion's share of the territory's votes.
A common declaration by Spain and the UK was annexed to the unratified Treaty establishing a constitution for Europe. This declaration read 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."
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. 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.
The rather lengthy Protocol N°3[4] referred to by the treaty makes applicable to the Sovereign bases on Cyprus various slices of EU law, for instance provisions relative to agricultural policy, customs and indirect taxation. The UK agrees in the Protocol to keep enough control of the external borders of the SBAs to mean that the SBA-Cyprus boundary can remain fully open without Cyprus having to police it as an external EU border.
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 are therefore now European citizens. Very few people now have British Overseas Territories Citizenship by virtue of a connection with the SBAs, and even fewer if any BOTCs do not have Cypriot nationality. SBA-derived BOTC status is the only form of BOTC status which has not now converted to full British Citizenship. It therefore still gives neither right of abode in Britain nor EU citizenship – the reasoning being that the permanent Cypriot population are treated as Cypriots instead, and the UK agreed in 1960 not to settle British Citizens permanently in the SBAs.
Eleven out of the twelve other overseas territories of the United Kingdom, namely Anguilla, British Antarctic Territory (under Antarctic Treaty overlaps Argentine and Chilean claims), 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 considered to be "Associated" as Overseas Countries and Territories of the European Union under Part Four of the Treaty of Rome and are consequentially listed in Annex II of that treaty.
Hence, although commonly said to be outside the European Union, minor aspects of EU law apply in those territories. Such legislation mainly relates to the regulation of trade regimes with EU Member States but also has a limited impact on the rights of EU nationals in those territories. However, with the exception of Pitcairn and Saint Helena, this does not appear to be directly enforceable in local courts. Nevertheless, the United Kingdom has so far seemed willing to intervene, through use of prerogative legislative powers, to implement at least some aspects of EU legislation.
Additionally, since citizens of the British overseas territories were granted full British citizenship by the British Overseas Territories Act 2002 from 21 May 2002, the citizens of those territories thus acquired, from that date, full citizenship of the European Union. All citizens of those territories – including those connected to Bermuda – are thus able to take full advantage of European Union rights of free movement within the territories of the EU Member States.
The overseas territory of the United Kingdom, Bermuda, falls within the purview of Part Four of the Treaty of Rome (21st OCT) but, by its own request, is excluded from the operation of the scheme by Decision of the Council of Ministers.
Bermudians are nevertheless, like almost all British Overseas Territories Citizens, entitled to full British citizenship and to thereby take full advantage of EU rights of free movement.
The British Overseas Territories Act 2002 granted British Overseas Territories citizens (BOTC) full British citizenship from 21 May 2002 on the same basis as any other British Overseas territory (except the Sovereign Base Areas on Cyprus).
Additionally, some Chagossians, not otherwise entitled to BOTC, were granted both British citizenship and BOTC if:
- A) The person was born on or after 26 April 1969, and before 1 January 1983;
- B) The person's mother was a citizen of the United Kingdom and colonies by birth in the BIOT;
- C) The person did not hold British Overseas Territories citizenship before the Act came into force.[5]
The reason for this special concession is that prior to 1983, British nationality could not normally be passed on by mothers. The 2002 Act granted, from 21 May 2002, British citizenship (by descent) to those born overseas to Chagossian mothers after a specified date.
This table summarises the various components of EU laws applied in the EU member states and their sovereign territories.
| Member States and Sovereign Territories |
Application of EU Law |
Enforceable in local courts | EURATOM | EU Citizenship | EU Election | Schengen Area | EU VAT Area | EU customs territory | Eurozone |
|---|---|---|---|---|---|---|---|---|---|
 Austria |
Full | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Belgium |
Full | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Bulgaria |
Full | Yes | Yes | Yes | Yes | Signatory | Yes | Yes | No, BGN |
 Cyprus, except: |
Full | Yes | Yes | Yes | Yes | Signatory | Yes | Yes | No, ERM II with CYP |
-  Turkish Republic of Northern Cyprus area |
No | No | No | Yes | Yes | No | No | Unclear | No, TRY |
-  UN Buffer Zone |
Unclear | ? | ? | Yes | Yes | ? | ? | ? | No, ERM II with CYP |
 Czech Republic |
Full | Yes | Yes | Yes | Yes | Signatory | Yes | Yes | No, CZK |
 Denmark, except: |
Full | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No, ERM II with DKK |
-  Faroe Islands |
No | No | No | No | No | Partial | No | Partial | No, DKK |
-  Greenland |
Minimal (OCT) | Yes | No | Yes | No | Partial | No | Partial | No, DKK |
 Estonia |
Full | Yes | Yes | Yes | Yes | Signatory | Yes | Yes | No, ERM II with EEK |
 Finland, except: |
Full | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
-  Åland |
With exemptions | Yes | Yes | With exemptions | Yes | Yes | No | Yes | Yes |
 France (Metropolitan), except: |
Full | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| - Clipperton Island | Unclear | Yes | Yes | Yes | No | No | No | ? | No |
| - French Guiana | With exemptions | Yes | Yes | Yes | Yes | No | No | Yes | Yes |
| - Guadeloupe | With exemptions | Yes | Yes | Yes | Yes | No | No | Yes | Yes |
-  French Polynesia |
Minimal (OCT) | Yes | Yes | Yes | Yes | No | No | Partial | No, XPF |
| - French Southern and Antarctic Lands[6] | Minimal (OCT) | Yes | Yes | Yes | No | No | No | No | Yes[7] |
| - Martinique | With exemptions | Yes | Yes | Yes | Yes | No | No | Yes | Yes |
| - Mayotte | Minimal (OCT) | Yes | Yes | Yes | Yes | No | No | Partial | Yes |
| - New Caledonia | Minimal (OCT) | Yes | Yes | Yes | Yes | No | No | Partial | No, XPF |
| - Réunion | With exemptions | Yes | Yes | Yes | Yes | No | No | Yes | Yes |
| - Saint Pierre and Miquelon |
Minimal (OCT) | Yes | Yes | Yes | Yes | No | No | Partial | Yes |
| - Scattered Islands in the Indian Ocean | Unclear | ? | Yes | Yes | No | No | No | ? | No |
-  Wallis and Futuna |
Minimal (OCT) | Yes | Yes | Yes | Yes | No | No | Partial | No, XPF |
 Germany, except: |
Full | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| - Büsingen am Hochrhein | Yes | Yes | Yes | Yes | Yes | No | No | Partial | Yes |
| - Heligoland | Yes | Yes | Yes | Yes | Yes | No | No | ? | Yes |
 Greece, except: |
Full | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| - Mount Athos | Yes | Yes | Yes | Yes | Yes | No | No | Yes | Yes |
 Hungary |
Full | Yes | Yes | Yes | Yes | Signatory | Yes | Yes | No, HUF |
 Ireland |
Full | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes |
 Italy, except: |
Full | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| - Campione d'Italia | Yes | Yes | Yes | Yes | Yes | No | No | Partial | No, CHF |
| - Livigno | Yes | Yes | Yes | Yes | Yes | Yes | No | Partial | Yes |
 Latvia |
Full | Yes | Yes | Yes | Yes | Signatory | Yes | Yes | No, ERM II with LVL |
 Lithuania |
Full | Yes | Yes | Yes | Yes | Signatory | Yes | Yes | No, ERM II with LTL |
 Luxembourg |
Full | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Malta |
Full | Yes | Yes | Yes | Yes | Signatory | Yes | Yes | No, ERM II with MTL |
 Netherlands, except: |
Full | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
-  Aruba |
Minimal (OCT) | No | No | Yes | No | No | No | Partial | No, AWG |
-  Netherlands Antilles |
Minimal (OCT) | No | No | Yes | No | No | No | Partial | No, ANG |
 Poland |
Full | Yes | Yes | Yes | Yes | Signatory | Yes | Yes | No, PLN |
 Portugal, except: |
Full | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
-  Azores |
With exemptions | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
-  Madeira |
With exemptions | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Romania |
Full | Yes | Yes | Yes | Yes | Signatory | Yes | Yes | No, RON |
 Slovakia |
Full | Yes | Yes | Yes | Yes | Signatory | Yes | Yes | No, ERM II with SKK |
 Slovenia |
Full | Yes | Yes | Yes | Yes | Signatory | Yes | Yes | Yes |
 Spain, except: |
Full | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
-  Canary Islands |
With exemptions | Yes | Yes | Yes | Yes | Yes | No | Yes | Yes |
-  Ceuta |
With exemptions | Yes | Yes | Yes | Yes | Yes | No | No | Yes |
-  Melilla |
With exemptions | Yes | Yes | Yes | Yes | Yes | No | No | Yes |
 Sweden |
Full | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No, SEK |
 United Kingdom, except: |
Full | Yes | Yes | Yes | Yes | No | Yes | Yes | No, GBP |
| - Akrotiri and Dhekelia |
Minimal | Yes[8] | No | No | No | No | No | No | No, CYP |
-  Anguilla |
Minimal (OCT) | No | No | Yes | No | No | No | Partial | No, XCD |
-  Bermuda |
No | No | No | Yes | No | No | No | No | No, BMD |
-  British Antarctic Territory[6] |
Minimal (OCT) | No | No | Yes | No | No | No | ? | No, GBP[9] |
-  British Indian Ocean Territory |
Minimal (OCT) | No | No | Limited | No | No | No | Partial | No, GBP, USD[10] |
-  British Virgin Islands |
Minimal (OCT) | No | No | Yes | No | No | No | Partial | No, USD |
-  Cayman Islands |
Minimal (OCT) | No | No | Yes | No | No | No | Partial | No, KYD |
-  Falkland Islands |
Minimal (OCT) | No | No | Yes | No | No | No | Partial | No, FKP |
-  Gibraltar |
With exemptions | Yes[11] | No | Yes | Yes | No | No | No | No, GIP |
-  Guernsey together with dependencies  Alderney,  Herm and  Sark |
Minimal | Yes[12] | No | Partial | No | No | No | Yes | No, GGP |
-  Jersey |
Minimal | Yes[13] | No | Partial | No | No | No | Yes | No, JEP |
-  Isle of Man |
Minimal | Yes[14] | No | Partial | No | No | Yes | Yes | No, IMP |
-  Montserrat |
Minimal (OCT) | No | No | Yes | No | No | No | Partial | No, XCD |
-  Pitcairn Islands |
Minimal (OCT) | Yes[15] | No | Yes | No | No | No | Partial | No, NZD |
-  Saint Helena together with dependencies  Ascension Island and  Tristan da Cunha |
Minimal (OCT) | Yes[16] | No | Yes | No | No | No | Partial | No, SHP |
-  South Georgia and the South Sandwich Islands |
Minimal (OCT) | No | No | Yes | No | No | No | Partial | No, GBP |
-  Turks and Caicos Islands |
Minimal (OCT) | No | No | Yes | No | No | No | Partial | No, USD |
This table summarises the various components of EU laws applied in some non-member countries and their sovereign territories.
| States and Sovereign Territories |
Application of EU Law |
Schengen Area | EU VAT Area | EU customs territory | Eurozone |
|---|---|---|---|---|---|
 Andorra |
No | No | No | Partial, not agricultural prod. | De facto Yes |
 Iceland |
Partial | Yes | No | Partial, not agricultural prod. | No, ISK |
 Liechtenstein |
Partial | Signatory | No | Partial, not agricultural prod. | No, CHF |
 Monaco |
No | Formally no De facto yes |
Yes | Yes | Yes |
 Norway |
Partial | Yes | No | Partial, not agricultural prod. | No, NOK |
| - Svalbard | Partial | No | No Not even in VAT-union with Norway | No | No, NOK |
| - Bouvet Island | ? | No | No | No | No, NOK |
| - Peter I Island[6] | ? | No | No | No | No, NOK[9] |
| - Queen Maud Land[6] | ? | No | No | No | No, NOK[9] |
 San Marino |
No | Formally no De facto yes |
No | Yes | Yes |
 Switzerland |
No | Signatory | No | Partial | No, CHF |
 Vatican City |
No | Formally no De facto yes |
No | ? | Yes |
East Timor was considered a non-self-governing-territory under Portuguese administration by the United Nations despite Indonesian annexation in 1976 when Portugal became an EU member in 1986. None of the EC laws were in force during its period under Portuguese administration, which formally ceased on 20 May 2002 when Portugal recognised East Timor's independence.
Hong Kong was a crown colony (later a dependent territory) when the United Kingdom joined the EEC in 1973. It has been a special administrative region of the People's Republic of China since July 1997. EU law did not apply, and since it was not under British jurisdiction, EURATOM did not apply either. Most residents were British Dependent Territory Citizens (BDTCs) and some registered as British National (Overseas) (BN(O)s) after 1987. Neither status were classified as European citizens. Hong Kong BDTCs status cease to exist on July 1997 and BN(O)s are not eligible to vote in EU elections.
Macau was an overseas province of Portugal until 1976 when its status was changed to a special territory. It has been a special administrative region of the People's Republic of China since 1999. EU law did not apply and it had its own currency. Residents who had Portuguese citizenship could vote when they were in Portugal.
- European Union member states
- Third country relationships with the EU
- History of the European Union
- European Union law
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- European Union Association Agreement
- List of European Union pages
- List of dependent territories
- ^ Overseas countries and territories (OCT): introduction, retrieved on 2007-01-16.
- ^ Staff reporter. "Agreement on division of Netherlands Antilles" (HTML), Government.nl, 2007-02-13. Retrieved on February 24, 2007. (in english)
- ^ http://customs.hmrc.gov.uk/channelsPortalWebApp/downloadFile?contentID=HMCE_CL_001255
- ^ http://europa.eu.int/eur-lex/en/treaties/dat/L_2003236EN/L2003236EN.093100.htm
- ^ British Overseas Territories Act 2002 §6: The Ilois: citizenship. Accessed 2006-02-24.
- ^ a b c d Sovereignty over territories in Antarctica currently suspended under the Antarctic Treaty System.
- ^ 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 Antarctica, and France's territorial claim is suspended in accordance with the Antarctic Treaty System.
- ^ European Communities (Protocol Measures) Ordinance 2004 (11/2004) (SBAs), s.3. [1]
- ^ a b c Since the sovereignty over territories in Antarctica are currently suspended, and several countries have bases, the currency of the home country of each base is probably used.
- ^ Both USD and GBP are accepted in the British Indian Ocean Territory; see the CIA's World Factbook.
- ^ European Communities Ordinance (1972-18) (Gib.), s. 3. [2]
- ^ European Communities (Guernsey) Law 1972
- ^ European Communities (Jersey) Law 1973 [3]
- ^ European Communities Act 1972 (I.O.M.)
- ^ European Communities Act 1972 (UK), s.2 - applied to Pitcairn by Judicature (Courts) Ordinance 1999 (c.2) (Pitcairn).
- ^ European Communities Act 1972 (UK), s.2 - applied to Saint Helena and Dependencies by local ordinance.