Several European Union member states have special territories which, for historical, geographical, or political reasons, enjoy special status within or outside 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.
The outermost regions (OMR) are geographic areas which are part of a European Union Member State, are situated outside of Europe and are fully part of the EU. According to the Treaty on the Functioning of the European Union, both primary and secondary European Union law applies automatically 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 ...". There were seven outermost regions as of the signing of the Maastricht Treaty in 1992. The Treaty of Lisbon included two additional territories (Saint-Barthélemy and Saint-Martin) in 2007, both of which seceded from one of the original outermost regions (Guadeloupe). Saint-Barthélemy changed its status from OMR to OCT with effect from 1 January 2012, while Mayotte joined as a new French OMR with effect from 1 January 2014. As of April 2014, a total of nine territories (six French, two Portuguese and one Spanish) were registered to have OMR status.
Azores and MadeiraEdit
Azores and Madeira are two groups of Portuguese islands in the Atlantic. Their territory is an integral part of the Portuguese Republic, but both the Azores and Madeira have the special status of Autonomous Regions within the otherwise unitary Portuguese State. 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.
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. 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 overseas departmentsEdit
French Guiana, Guadeloupe, Martinique, Mayotte, and Réunion are five 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. However they are outside the Schengen Area and the VAT area.
Mayotte is the newest of the five overseas departments having changed from an overseas collectivity, with OCT status, on 31 March 2011. It became an outermost region and thus part of the EU on 1 January 2014.
On 22 February 2007, Saint Martin was broken away from the French overseas department of Guadeloupe to be formed into a new overseas collectivity. As a consequence its EU status was unclear for a time. While a report issued by the French parliament suggested that the island remained within the EU as an outermost region, European Commission documents listed it as being outside the European Community. The legal status of the island was clarified on the coming into force of the Lisbon Treaty which lists it as an outermost region.
Overseas countries and territoriesEdit
The overseas countries and territories (OCT) are dependent territories that have a special relationship with one of the member states of the EU, and have been explicitly invited by the EU treaty to join the EU-OCT Association (OCTA). They were listed in Annex II acc. to Article 198 of the Treaty on the Functioning of the European Union, which aside from inviting them to join OCTA, also provided them the opportunity to opt into EU provisions on the freedom of movement for workers and freedom of establishment. They are not subject to the EU's common external customs tariffs but may claim customs on goods imported from the EU on a non-discriminatory basis. They are not part of the EU and the EU acquis does not apply to them, though those joining OCTA are required to respect the detailed rules and procedures outlined by this association agreement (Council Decision 2013/755/EU). OCTA members are entitled to ask for EU financial support.
When the Rome Treaty was signed in March 1957, a total of 15 OCTs existed: French West Africa, French Equatorial Africa, Saint Pierre and Miquelon, Comoros Archipelago, French Madagascar, French Somaliland, New Caledonia, French Polynesia, French Southern and Antarctic Lands, French Togoland, French Cameroons, Belgian Congo, Ruanda-Urundi, Trust Territory of Somalia, Netherlands New Guinea. The list was since then revised multiple times, and comprised—as noted by the Lisbon Treaty—25 OCTs in 2007. One of the French territories subsequently switched status from OMR to OCT (Saint Barthélemy), while another French territory switched from OCT to OMR (Mayotte). As of July 2014, there are still 25 OCTs (twelve with the United Kingdom, six with France, six with the Netherlands and one with Denmark) of which 22 have joined OCTA. The three OCTs which are not part of OCTA (British Antarctic Territory, British Indian Ocean Territory and South Georgia and South Sandwich Islands), are all uninhabited.
British overseas territoriesEdit
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:
- British Antarctic Territory
- British Indian Ocean Territory
- British Virgin Islands
- Cayman Islands
- Falkland Islands
- Pitcairn Islands
- Saint Helena, Ascension and Tristan da Cunha
- South Georgia and the South Sandwich Islands
- Turks and Caicos Islands
Bermuda did not—despite having OCT status as defined by the Rome Treaty—join the EU-OCT Association (OCTA) together with the other overseas territories in November 2001, but instead only joined OCTA on 2 July 2014. As of July 2014, it is only the three remote areas without any permanent population (British Antarctic Territory, British Indian Ocean Territory and "South Georgia and South Sandwich Islands"), that are not members of OCTA. All citizens of the British overseas territories, except those residing at 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 territoriesEdit
A total of six French dependent territories currently have OCT status within EU.
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. Both have sui generis statuses within France.
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". Saint Barthélemy and Saint-Pierre and Miquelon are part of the Eurozone, 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.
On 22 February 2007, Saint Barthélemy was separated from the French overseas department of Guadeloupe to form a new overseas collectivity. As a consequence, its EU status was unclear for a time. While a report issued by the French parliament suggested that the island remained within the EU as an outermost region, European Commission documents listed it as being outside the European Community. The legal status of the islands was clarified on the coming into force of the Lisbon Treaty which listed it as an outermost region. However, Saint Barthélemy ceased being an outermost region and left the EU, to become an OCT, on 1 January 2012. The change was made to facilitate trade with countries outside the EU, notably the United States, and 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.
Dutch overseas territoriesEdit
Six territories of the Netherlands—all of which are Caribbean islands—have OCT status. The inhabitants of the islands are EU citizens owing to their Dutch citizenship, but few of them had, until recently, the right to vote in elections to the European Parliament. Their exclusion from the franchise was 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 the six islands, did have the right to vote.
Aruba, Curaçao and Sint Maarten are classified as "countries" under Dutch law and have considerable internal autonomy. In June 2008, the Dutch government published a report on the effect on the islands were they to join the EU as outermost regions. It concluded that it would be for the islands themselves to weigh up the advantages and disadvantages of becoming part of the EU as outermost regions and that nothing would be done absent the islands specifically requesting it.
Bonaire, Sint Eustatius and Saba (collectively called Caribbean Netherlands) are "special municipalities" of the Netherlands proper. In June 2008, the Dutch government published a report on the effect on the islands were they to join the EU as outermost regions. Their current OCT status, and the prospect of advancing their status to become part of the EU as new OMRs (outermost regions), has been scheduled to be reviewed by the Dutch parliament in 2015, as part of the planned review of the Dutch law (WOLBES and FINBES) concerning the quality of their recently implemented new public administration bodies.
The islands inherited their OCT status from the Netherlands Antilles which was dissolved in 2010. 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 in Europe and Netherlands New Guinea only, which it subsequently did. 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 became OCTs.
Greenland joined the then European Community in 1973 along with Denmark, but voted to leave the EC in 1982 and left in 1985, to become an OCT. Greenlanders are, nonetheless, European Union citizens owing to their Danish citizenship. The EU-Greenland relationship is a comprehensive partnership, which is complementary to the OCT association arrangements under "Council Decision 2013/755/EU"; based specifically on "Council Decision 2014/137 of 14 March 2014" (outlining the relations) and the Fisheries Partnership Agreement of 30 July 2006.
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 were opted out from either the VAT area or the customs union or both.
|Areas that are part of the EU||Areas that are not part of the EU|
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. However there are some derogations due to the islands' special status. Åland is outside the VAT area and is exempt from common rules in relation to turnover taxes, excise duties and indirect taxation. In addition, to protect the local economy, the treaty of accession allows for a concept of hembygdsrätt/kotiseutuoikeus (regional citizenship). Consequently there are restrictions 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. The status may be obtained by anyone legally resident in Åland for 5 years that can demonstrate an adequate knowledge of the Swedish language.
Büsingen am HochrheinEdit
The German exclave town of Büsingen am Hochrhein, fully surrounded by Switzerland, is in customs union with the latter non-EU country. 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.
Campione d'Italia and LivignoEdit
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. Moreover, the only legal tender in Campione d'Italia is the Swiss franc, although in practice shops and restaurants accept payments also in euro - and their bills present dual price display in both Euros and Francs.
Ceuta and MelillaEdit
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, 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.
Jersey and Guernsey are Crown dependencies. 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 (and have no VAT), however inside the customs union.
Channel Islanders are British citizens and hence European citizens. However, they are not entitled to participate in the freedom of movement of people or services unless they are directly connected (through birth, or 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.
Isle of ManEdit
The Isle of Man is a Crown dependency. The island takes part in the EU freedom of movement of goods but not people, services or capital. The Isle of Man is inside the VAT area and the customs union.
Manx people are British citizens and hence European citizens. However, they are not entitled to participate in the freedom of movement of people or services unless they are directly connected (through birth, or descent from a parent or grandparent) with the United Kingdom. However, after five years continuous residence in the United Kingdom, Manx people are entitled to participate in the freedom of movement of people or services throughout the EU.
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.
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. 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 basesEdit
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. 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. 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. 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. Just under half of the population of the sovereign base areas are Cypriots, the rest are British military personnel, support staff and their dependants. 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.
United Nations buffer zoneEdit
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". Article 2.1 of the Cyprus Protocol allows the European Council to determine to what extent the provisions of EU law apply in the buffer zone.
The Faroe Islands are not part of the EU, and they have not been part of the EU since Denmark joined the union in 1973. 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. 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 and the Schengen Agreement provides that travellers passing between the islands and the Schengen Area are not to be treated as passing the external frontier of the Area. This means that there is an identity check at air or boat travel to the islands where Nordic citizens on intra-Nordic travel need no passport, only showing the ticket plus identity card.
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. As a separate jurisdiction to the UK, Gibraltar's government and parliament are responsible for the transposition of EU law into local law. There is no option for Gibraltar to cancel their EU membership separately from the UK, as it is bound to the same destiny as the UK chooses. If the UK at some point of time decides to adopt the euro, it is unclear if Gibraltar along the way would also be forced to adopt the euro.
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. Since 21 May 2002, all Gibraltarians have been granted the right to register a full British citizenship, while those who previously held a British Overseas Territory citizenship automatically were converted now to have a full British citizenship. Any child born in Gibraltar after 21 May 2002 will automatically become a British citizen, if just one of its parents is a British citizen or a Gibraltarian resident.
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.
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.
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."
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, guaranteed by article 105 of the Greek Constitution. It is part of the customs union but outside the VAT area. 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. The monastery has certain rights to house monks from countries outside the EU. 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.
Areas of extraterritorialityEdit
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.
The road from Värska to Ulitina in Estonia, traditionally the only road to the Ulitina area, goes through Russian territory for one kilometre (0.6 mi) 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 de facto part of the Schengen area.
The Saimaa Canal and Värska–Ulitina road are two of several odd travel arrangements that exist or existed 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. Some have become superfluous thanks to the Schengen Agreement.
Former special territoriesEdit
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 (ECSC):
- 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.
- Cambodia (gained independence from France in 1953), no Community treaty applied there, besides ECSC preferences
- Laos (gained independence from France in 1954), no Community treaty applied there, besides ECSC preferences
- Vietnam (gained independence from France in 1954), no Community treaty applied there, besides ECSC preferences
- Tunisia (gained independence from France in 1956), no Community treaty applied there, besides ECSC preferences
- Morocco (gained independence from France in 1956), no Community treaty applied there, besides ECSC preferences
- Guinea (gained independence from France in 1958), had OCT status
- Cameroon (French-administered part gained independence from France in 1960 along with some of UK-administered parts); had OCT status for the French part
- Togo (gained independence from France in 1960), had OCT status
- Mali (gained independence from France in 1960), had OCT status
- Senegal (gained independence from France in 1960), had OCT status
- Madagascar (gained independence from France in 1960), had OCT status
- DR Congo (gained independence from Belgium in 1960), had OCT status
- Somalia (Italian-administered part gained independence from Italy in 1960 along with UK-administered part); had OCT status for the Italian part
- Benin (gained independence from France in 1960), had OCT status
- Niger (gained independence from France in 1960), had OCT status
- Burkina Faso (gained independence from France in 1960), had OCT status
- Ivory Coast (gained independence from France in 1960), had OCT status
- Chad (gained independence from France in 1960), had OCT status
- Central African Republic (gained independence from France in 1960), had OCT status
- Congo (gained independence from France in 1960), had OCT status
- Gabon (gained independence from France in 1960), had OCT status
- Mauritania (gained independence from France in 1960), had OCT status
- Burundi (gained independence from Belgium in 1962), had OCT status
- Rwanda (gained independence from Belgium in 1962), had OCT status
- Netherlands New Guinea (transferred from the Netherlands to UN in 1962, later merged with Indonesia), had OCT status
- Suriname (gained independence from the Netherlands in 1975), had OCT status, EURATOM application unsure.
- Algeria (gained independence from France in 1962), had a status similar to OMR
- Bahamas (gained independence from the UK in 1973), had OCT status
- Grenada (gained independence from the UK in 1973), had OCT status
- Comoros (gained independence from France in 1975), had OCT status
- Seychelles (gained independence from the UK in 1976), had OCT status
- French Somaliland (gained independence from France as Djibouti in 1977), had OCT status
- Solomon Islands (gained independence from the UK in 1976), had OCT status
- Tuvalu (gained independence from the UK in 1978), had OCT status
- Dominica (gained independence from the UK in 1978), had OCT status
- Saint Lucia (gained independence from the UK in 1979), had OCT status
- Kiribati (gained independence from the UK in 1979), had OCT status
- Saint Vincent and the Grenadines (gained independence from the UK in 1979), had OCT status
- Zimbabwe (gained de jure independence from the UK in 1980), no Community treaty applied there, besides ECSC preferences
- Vanuatu (gained independence from the UK and France in 1980), generally had OCT status 
- Belize (gained independence from the UK in 1981), had OCT status
- Antigua and Barbuda (gained independence from the UK in 1981), had OCT status
- Saint Kitts and Nevis (gained independence from the UK in 1983), had OCT status
- Brunei (gained independence from UK in 1984), had OCT status
- Hong Kong (sovereignty transferred from the UK to China in 1997), no Community treaty applied there, besides ECSC preferences
- Macao (sovereignty transferred from Portugal to China in 1999), EURATOM was applicable, besides the ECSC preferences
- Timor-Leste (East Timor) (gained independence from Indonesia in 2002), no Community treaty applied there 
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 
- West Berlin (merged with West Germany on 3 October 1990), was subject to the full application of the treaties
- East Germany was until 1972 on 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. The West German government treated trade with East Germany as inter-German trade and not subject to the EC trade tariffs.
The following areas are still special member state territories, but have changed their status. See their entries in the article for details.
EEA and SwitzerlandEdit
Some European countries are strongly connected to the European Union, through the European Economic Area or similar agreements. These countries are Norway, Iceland, Liechtenstein and Switzerland, the remaining members of the European Free Trade Association (EFTA). They are inside the single market (with exceptions) and the Schengen area, but outside the Eurozone and the VAT area. Norway and Switzerland have special areas.
- Outside the Schengen area. Special rules on work permit.
- Outside Norwegian VAT area
- Outside Swiss VAT area
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.
|Member states and sovereign territories||Application of EU law||Enforceable in local courts[clarification needed]||EURATOM||EU citizenship||EU elections||Schengen area||EU VAT area||EU customs territory||EU single market||Eurozone|
|UN Buffer Zone||
|Yes||Yes||Yes||Yes||Yes||Yes||Yes||Yes||Yes||No, DKK (ERM II)|
||No, DKK (ERM II)|
||No, DKK (ERM II)|
| France (Metropolitan),
|Saint Pierre and Miquelon||
|Wallis and Futuna||
||XPF, pegged to EUR|
||XPF, pegged to EUR|
||XPF, pegged to EUR|
|French Southern and Antarctic Lands||
|Büsingen am Hochrhein||Yes||Yes||Yes||Yes||Yes||Yes||No||No||Yes||Yes|
|Campione d'Italia||Yes||Yes||Yes||Yes||Yes||Yes||No||No||Yes||No, CHF|
| United Kingdom,
|Akrotiri and Dhekelia||
|Saint Helena, Ascension and Tristan da Cunha||
|South Georgia and the South Sandwich Islands||
|British Antarctic Territory||
|British Virgin Islands||
|Turks and Caicos Islands||
|British Indian Ocean Territory||
||No, GBP, USD|
|Isle of Man||
| Guernsey, with dependencies of
|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. — Partial. — Minimal or none. Not part of the EU territory.|
- Dependent territory
- Elections in the European Union
- Enlargement of the European Union
- European Union Association Agreement
- European Union law
- Foreign relations of the European Union
- Freedom of movement for workers
- Future enlargement of the European Union
- History of the European Union
- Member state of the European Union
- Microstates and the European Union
- Opt-outs in the European Union
- Outline of the European Union
- Withdrawal from the European Union
- Article 349 (ex Article 299(2)) of the Treaty on the Functioning of the European Union.
- AFP (29 October 2010). "La collectivité de Saint-Barthélémy obtient un nouveau statut européen". Ministère de l’Outre-Mer (in French). Retrieved 8 April 2011.
- "Council Directive 2013/61/EU of December 2013" (PDF). 2013-12-17. Retrieved 2014-01-01.
- "Europe’s outermost regions and the single market". European Commission. 24 April 2014.
- 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) Eur-lex.europa.eu.
- 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) Eur-lex.europa.eu.
- 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)
- "Guidelines on Trading with the European Community (EC)" (PDF). January 2008. Retrieved 26 July 2011.
- See Articles 349 and 355 of the Treaty on the Functioning of the European Union.
- Council Decision of 27 November 2001 on the association of the overseas countries and territories with the European Community ("Overseas Association Decision") (2001/822/EC).
- Article 202 [ex Article 186)]
- Article 199(5) [ex Article 183(5)]
- Article 200(1) [ex Article 184(1)]
- Article 200(3) and 200(5) [ex Article 184(3) and (5)]
- "COUNCIL DECISION 2013/755/EU of 25 November 2013: On the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’)" (PDF). Official Journal of the European Union. 19 December 2013.
- "EU relations with Overseas Countries and Territories". European Commission. 4 June 2014.
- "A new member for OCTA: Bermuda joins the association of overseas countries and territories". OCTA. 2 July 2014.
- "Organisation: OCTA". OCTA. Retrieved 4 July 2014.
- Recital 22, 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).
- "French Southern and Antarctic Lands". The Central Intelligence Agency. Retrieved 8 February 2010.
- Art. 9, Loi n° 55-1052 du 6 août 1955 modifiée portant statut des Terres australes et antarctiques françaises et de l'île de Clipperton.
Décret du 31 janvier 2008 relatif à l'administration de l'île de Clipperton.
- 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).
- See Article 355(6) of the Treaty on the Functioning of the European Union. The relevant decision of the European Council was made on the 29 October 2010 .
- Judgments of the Court in Cases C-145/04 and C-300/04: Kingdom of Spain v United Kingdom of Great Britain and Northern Ireland, and M.G. Eman and O.B. Sevinger v College van burgemeester en wethouders van Den Haag 
- "Schurende rechtsordes: Over juridische implicaties van de UPG-status voor de eilandgebieden van de Nederlandse Antillen en Aruba (Rijksuniversiteit Groningen)" (PDF) (in Dutch). Eerstekamer.nl. 19 June 2008.
- "Economische gevolgen van de status van ultraperifeer gebied voor de Nederlandse Antillen en Aruba / SEOR" (PDF) (in Dutch). Eerstekamer.nl. 19 June 2008.
- "Tweede Kamer, vergaderjaar 2008–2009, 31700 IV, nr.3: Brief van de staatssecretaris van Binnenlandse Zaken en Koninkrijksrelaties met het kabinetsstandpunt over de rapporten over de UPG status voor de eilandgebieden van de Nederlandse Antillen en Aruba" (PDF) (in Dutch). Eerstekamer.nl. 21 October 2008.
- "Kamerstuk 31954 nr.7: Regels met betrekking tot de openbare lichamen Bonaire, Sint Eustatius en Saba (Wet openbare lichamen Bonaire, Sint Eustatius en Saba)" (in Dutch). Overheid.nl. 14 October 2009.
- "Kamerstuk 31954+31958 D: BRIEF VAN DE MINISTER VAN BINNENLANDSE ZAKEN EN KONINKRIJKSRELATIES" (in Dutch). Overheid.nl. 9 March 2012.
- Treaty Establishing the EEC - Protocol on the Application of the Treaty Establishing the European Economic Community to the non-European parts of the Kingdom of the Netherlands
The High Contracting Parties,
Anxious, at the time of signature of the Treaty establishing the European Economic Community, to define the scope of the provisions of Article 227 of this Treaty in respect of the Kingdom of the Netherlands,
Have agreed upon the following provisions, which shall be annexed to this Treaty:
The Government of the Kingdom of the Netherlands, by reason of the constitutional structure of the Kingdom resulting from the Statute of 29 December 1954, shall, by way of derogation from Article 227, be entitled to ratify the Treaty on behalf of the Kingdom in Europe and Netherlands New Guinea only.
Done at Rome this twenty-fifth day of March in the year one thousand nine hundred and fifty-seven.
- "COUNCIL DECISION 2014/137/EU of 14 March 2014: On relations between the European Union on the one hand, and Greenland and the Kingdom of Denmark on the other" (PDF). Official Journal of the European Union. 15 March 2014.
- "Protocol: Setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community (1) on the one hand, and the Government of Denmark and the Home Rule Government of Greenland (2), on the other hand" (PDF). Official Journal of the European Union. 23 October 2012.
- Article 2 of Protocol 2 (on the Åland Islands) of the Finnish accession treaty (OJ C 241, 29.08.1994) 
- Article 1 of Protocol 2 (on the Åland Islands) of the Finnish accession treaty (OJ C 241, 29.08.1994) 
- 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) .
- From http://www.buesingen.de click Touristik and Hotel + Gasthäuser and find that every hotel and restaurant quote prices in SFr only.
- German Wikipedia about Büsingen am Hochrhein
- "Comune di Campione d'Italia" (ITALIAN). Retrieved 2009-01-12. "... pur essendo territorio italiano Campione è doganalmente ed economicamente svizzero. Così pure la moneta e la rete telefonica. ("... although essentially Italian territory, Campione is customs-wise and economically Swiss. Also the currency and the telephone network.")
- "European small exclaves: Campione d'Italia". Municipality of Campione d'Italia. Retrieved 20 January 2015.
- "CAMPIONE D'ITALIA - Italy in Switzerland ENCLAVES". This other world. Retrieved April 2014.
- Declaration No. 1. on Ceuta and Melilla attached to the Final Act of the Accession Treaty of the Kingdom of Spain to the Schengen Agreement (OJ L 239, 22.9.2000, p. 69)
- s 1 of the British Nationality Act 1981 grants citizenship to (most) people born in the 'United Kingdom'. S50 of the Act defines the 'United Kingdom' to include the Channel Islands and the Isle of Man
- Protocol 3 of the United Kingdom's succession treaty to the EU (OJ L 73, 27.03.1972).
- Protocol 10 to the Treaty of Accession 2003 (OJ L 236, 23.9.2003, p. 955).
- Skoutaris, Nikos. "On Citizenship and Donkeys in Cyprus". Citizenship in Southern Europe. CITSEE. Retrieved 5 January 2013.
- law of the Republic of Cyprus, Source: Cyprus Ministry of Justice compilation and translation (updated to June 2000).
- See Article 299(6)(b) of the Consolidated Treaty establishing the European Community as amended by the Nice Treaty. 
- Protocol 3 to the Treaty of Accession 2003 (OJ L 236, 23.9.2003, p. 955).
- "First Report on the implementation of the provisions of Protocol No 3 to the 2003 Act of Accession on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus". Brussels: European Commission. 19 April 2010.
- British Overseas Territories Act 2002.
- "Akrotiri". CIA World Factbook. Central Intelligence Agency. Retrieved 5 January 2013.
approximately 15,700 live on the Sovereign Base Areas of Akrotiri and Dhekelia including 7,700 Cypriots, 3,600 Service and UK-based contract personnel, and 4,400 dependents
- "Declaration by Her Majesty's Government Regarding the Administration of the Sovereign Base Areas" (PDF). Treaty of Establishment of the Republic of Cyprus. 1960. p. 111. Retrieved 5 January 2013.
- "UNFICYP – Civil Affairs". United Nations Peacekeeping Force in Cyprus. 2008. Retrieved 2008-11-15.
- Council Regulation (EC) No 866/2004 of 29 April 2004 on a regime under Article 2 of Protocol No 10 of the Act of Accession. Council Regulation (EC) No 293/2005 of 17 February 2005 amending Regulation (EC) No 866/2004 on a regime under Article 2 of Protocol 10 to the Act of Accession as regards agriculture and facilities for persons crossing the line.
- See Article 4 of the Faroe Islands Protocol, 355(5)(a) of the Treaty on the Functioning of the European Union and Article of the Treaty on European Union (as amended).
- "Spørgsmål og svar". www.eu-oplysningen.dk (in Danish). Danish Parliament. Archived from the original on 27 May 2006. Retrieved 21 June 2015.
- "Pas". atlantic.fo (in Danish). Atlantic Airways. Retrieved 21 June 2015.
- Act concerning the conditions of accession of the UK, Ireland and Denmark to the European Communities, Art. 28
- "Gibraltar news from Panorama (last weeks stories): Safeguarding Gibraltar's position in Europe". Panorama. 23 February 2004.
- See Article 5(2) of 2000/365/EC: Council Decision of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
- Declaration 55 appended to the Treaty on European Union
- "Monks see Schengen as Devil's work". British Broadcasting Corporation. 26 October 1997. Retrieved 2007-10-14.
- The Greek accession treaty does not specifically exclude Mount Athos from the Convention's territorial scope.
- Joint Declaration No. 5 attached to the Final Act of the accession treaty.
- European Coal and Steel Community Treaty, Art.79: Each High Contracting Party binds itself to extend to the other Member States the preferential measures which it enjoys with respect to coal and steel in the non-European territories subject to its jurisdiction
- Annex IV: Overseas countries and territories
- Up to 1 September 1962 no Community treaty applied there, besides ECSC preferences. Between that date and 16 July 1976 Suriname had OCT status.
- "The provisions of Part Four of the Treaty were applied to Surinam, by virtue of a Supplementary Act of the Kingdom of the Netherlands (page29) to complete its instrument of ratification, from 1 September 1962 to 16 July 1976.", in: eur-lex.europa.eu - Treaty establishing the European Community (consolidated version) - Text of the Treaty
- See the Protocol on the application of the Treaty establishing the European Atomic Energy Community to the non European parts of the Kingdom of the Netherlands and Act ratifying the EAEC Treaty in the Netherlands. The protocol on non-application of EURATOM by derogation was abrogated by Article 8 (III) of the Treaty of Amsterdam, which entered into force in 1999, but there is no evidence that the EURATOM treaty was ever extended to other countries within the Kingdom (now: Aruba, Curaçao, and Sint Maarten, formerly: the Netherlands Antilles and Suriname).
- European Economic Community Treaty, Art 227
- 1973 revision of ANNEX IV
- According to Art.227 (EEC) and Art.198 (EURATOM) these Treaties shall not apply to those overseas countries and territories having special relations with the United Kingdom of Great Britain and Northern Ireland which are not listed in Annex IV to the EEC Treaty. Zimbabwe and Hong Kong are not listed in the annex.
- New Hebrides had ECSC preferences and EURATOM application 1952–1973 stemming from the French administration in the territory, from 1973 to 1980 from both the French and British administrations, no EEC law applied 1958–1973, EEC OCT status 1973–1980
- Art.198 of the EURATOM Treaty states that the treaty applies to non European territories under jurisdiction of Member States. So far there is no reference for Macau exclusion, thus considering it included between 1986 and 1999.
- When Portugal became a Community member in 1986 East Timor was considered a non-self-governing-territory under Portuguese administration by the United Nations despite Indonesian occupation of East Timor between 1975 and 1999. None of the EC laws were ever in force, but EURATOM and ECSC preferences were to apply if not for the Indonesian occupation. The de jure Portuguese administration formally ceased on 20 May 2002 when Portugal recognised East Timor's independence.
- European Coal and Steel Community Treaty, Art.79
- Until the unification of Germany in 1990 the de jure status of West Berlin was that of French, UK and US occupied zones with West German civilian administration. The treaties applied fully during 1952–1990 given the Federal German and French treaty responsibilities European Coal and Steel Community Treaty, Art.79, and during 1973–1990 given the British treaty responsibilities.[clarification needed] For the 1979, 1984 and 1989 European Parliaments, three MEPs were appointed on the nomination of the Berlin House of Representatives rather than being directly elected. From 3 October 1990 West Berlin was fully integrated in Berlin in the Federal Republic of Germany, along with the former East Germany.
- List of free trade agreements
- Akrotiri and Dhekelia, and Cyprus should implement together the Schengen area. As of 2011 the target is for 2016.
- There were reports that it was possible for all Cypriots from Northern Cyprus, or UN Buffer Zone or Akrotiri and Dekhelia to vote, but they had to travel to a voting station in the South.
- Exceptions may be in place for Turkish goods and services destined for Pyla.
- Due to the military nature of zone, the UN requires permits for some economic activity to ensure that the fundamental nature of the area as a buffer zone is not compromised. See - UNFICYP Buffer Zone permits for more information.
- Information for Businesses/01 Customs and fiscal territories/index.jsp The customs and fiscal territories of the European Community
- 0466en01.pdf Direct Trade Regulation proposal, not yet implemented
- Opt-outs in force for some treaty provisions and legislations
- Application only between 1973 and 1985
- 2002325EN.003301.html Treaty Establishing the European Community, part four
- EURATOM Treaty Art.198d
- Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands
- Lauri Hannikainen; Frank Horn (1997). Autonomy and Demilitarisation in International Law: The Åland Islands in a Changing Europe. Martinus Nijhoff Publishers. p. 94. ISBN 978-90-411-0271-3.
- Schengen Borders Code Article (21)
- "Treaty of Lisbon, Article 2, points 287 and 293". Retrieved 2008-01-31.
- summaries/economic and monetary affairs/institutional and economic framework/l25042 en.htm Agreements concerning the French territorial communities
- Art. 1-1-6°, 1?cidTexte=JORFTEXT000000879815&categorieLien=cid&dateTexte= Loi n°55-1052 du 6 août 1955 portant statut des Terres australes et antarctiques françaises et de l'île de Clipperton.
- 'Clipperton is placed under the direct authority of the Government.'
- Together with Switzerland
- Bonaire, Saba, and Sint Eustatius: Inherited status as non-member from the Netherlands Antilles.
- Article 16 of the law on the monetary system BES Dutch: Wet geldstelsel BES stipulates the use of the Netherlands Antillean guilder as official tender until the official introduction of the US Dollar, probably on 1-1-2011.
- "Rijkswet aanpassing rijkswetten, nr. 3 MEMORIE VAN TOELICHTING" (in Dutch). Retrieved 6 November 2010.
(...) van het Verdrag tot oprichting van de Europese Gemeenschap voor Atoomenergie (Euratom) (Tr. 1957, 92). Dit verdrag geldt niet voor Curaçao en Sint Maarten.
- The Netherlands Antillean guilder will be replaced by the Caribbean guilder, possibly on 1-1-2012
- See the PRO PRI.htm Protocol on the application of the Treaty establishing the European Atomic Energy Community to the non European parts of the Kingdom of the Netherlands and Act ratifying the EAEC Treaty in the Netherlands. The protocol on non-application of EURATOM by derogation was abrogated by Article 8 (III) of the Treaty of Amsterdam, which entered into force in 1999, but there is no evidence that the EURATOM treaty was ever extended to other countries within the Kingdom (now: Aruba, Curaçao, and Sint Maarten, formerly: the Netherlands Antilles and Suriname).
- Declaration on the towns of Ceuta and Melilla regarding Schengen
- The full Schengen acquis applies to all Spanish territories, but there are border checks on departure from Ceuta and Melilla to Spain or other Schengen countries, because of specific arrangements for visa exemptions for Moroccan nationals resident in the provinces of Tetuan and Nador.
- Protocol 2 concerning Ceuta and Melilla to the Treaty of Accession of Spain and Portugal
- Council Decision of 29 May 2000 concerning the request of the United Kingdom, Council Decision of 22 December 2004 on the putting the request into effect Article 5(2) states that Police and Judicial Co-operation measures should apply to Gibraltar. Article 5(1) states that the UK should make additional notification about the measures that would apply to the Channel Islands and the Isle of Man. No such notification is made so far.
- Consolidated version of the European Communities Act (1972–18) (Gib.), as amended up to September 2009 contains detailed list of exemptions. For the enforceability of EU law in local courts see s. 3.
- Denise Matthews Case 1999
- Treaty of Accession 2003, protocol 3
- European Communities (Protocol Measures) Ordinance 2004 (11/2004) (SBAs), s.3. 
- "Foreign Minister says Cyprus not to join Schengen before 2010". Embassy of the Republic of Cyprus in Berlin. Retrieved 3 February 2010.
- "Cyprus to be evaluated for Schengen". Famagusta Gazette. 2 December 2011. Retrieved 5 September 2012.
- Council directive on the common system of value added tax
- By the third protocol to the Cyprus adhesion Treaty to EU and British local ordinance (see ).
- European Communities Act 1972 (UK), s.2 - applied to Saint Helena and Dependencies by local ordinance.
- 2002325EN.015901.html EEC Treaty - OCT Annex
- Since 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 Act 1972 (UK), s.2 - applied to Pitcairn by Judicature (Courts) Ordinance 1999 (c.2) (Pitcairn).
- Protocol No 3 on the Channel Islands and the Isle of Man to the Act of Accession 1972
- European Communities Act 1972 (I.O.M.)
- See Guernsey passport, Jersey passport, Manx passport and above.
- Crown dependencies' Relationship with the European Union
- European Communities (Guernsey) Law 1972
- EuropeanCommunitiesLaw1973 RevisedEdition 31August2004.htm European Communities (Jersey) Law 1973
- Part of the EU
- Official website
- 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
- Regional policy & outermost regions