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[74] 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. On 25 June 2008, a Cooperation Treaty between the EU and OCTA was signed in Brussels. Around 80 percent of this area is represented by Greenland, while the largest region by population, the Canary Islands, accounts for more than a third of the total population of the special territories. Some European countries are strongly connected to the European Union, through the European Economic Area or similar agreements. [45] 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. [10][64] Shops and restaurants accept payments in both euros and Swiss francs, and prices are displayed in both euros and Swiss francs.[65]. The Faroese króna is not a separate currency, but a local issue of the Danish krone, 150 non-permanent in winter, 310 in summer (research and military personnel). Gibraltar is rich because its relationship with the EU and UK make it so. The German village of Büsingen am Hochrhein is an exclave entirely surrounded by Switzerland, and as such is, for practical purposes, in a customs union with the latter non-EU country. [33], Six territories of the Netherlands—all of which are Caribbean islands—have OCT status. The overseas countries and territories (OCT) are dependent territories that have a special relationship with one of the member states of the EU. These countries are Iceland, Liechtenstein, Norway and Switzerland, the member states of the European Free Trade Association (EFTA). [36][37] It concluded that the choice 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. Gibraltar is not part of the UK, but contrary to all other British Overseas Territorieswas a part of the European Union like the UK. EU territories not covered by EU VAT rules. Which VAT applies to goods arriving from EU territories not covered by EU VAT rules? [28] It has sui generis status within France.[29]. Not part of the EU territory. The people who live in Gibraltar are British citizens, so they also got to vote in the EU referendum. The list was since then revised multiple times, and comprised—as noted by the Lisbon Treaty—25 OCTs in 2007. Gibraltar is due to leave the EU along with the United Kingdom at the end of March, even though 96 percent of its population voted in the 2016 referendum to remain in the EU. Spanish foreign minister Alfonso Dastis has stated that British occupation of Gibraltar “violates [Spain’s] territorial integrity”. Villages in the buffer zone are legally administered by the Republic of Cyprus. They are part of the EU but they are excluded from the common agricultural and fisheries policies. In June 2008, the Dutch government published a report on the projected effect on the islands were they to join the EU as outermost regions. [10] 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. Gibraltar was part of that agreement. The special territories of the European Union are 22 dependent territories of EU member states which, for historical, geographical, or political reasons, enjoy special status within or outside the European Union. The main reason for leaving is disagreements about the Common Fisheries Policy (CFP) and to regain control of Greenlandic fish resources to subsequently remain outside EU waters. EU law, including the fundamental four freedoms, applies to Åland. Four months after such a decision has been adopted, new elections to the European Parliament will be held on the island to elect Cypriot representatives from the whole of the island. [13] As with the French overseas departments, the euro is legal tender in Saint Martin, and it is outside the Schengen Area and the EU VAT Area. Also Financial Services in Gibraltar are regulated by The Financial Services Commission (FSC). Is Gibraltar part of the EU? It is part of the EU, but is excluded from the customs union and the VAT area. Information and support for consumers shopping across the EU. As a consequence their EU status was unclear for a time. The Withdrawal Agreement includes a transitional phase until the end of 2020, which also covers Gibraltar. [86] Euros are accepted for the canal fees. ), as amended up to September 2009, "Foreign Minister says Cyprus not to join Schengen before 2010", "Council directive on the common system of value added tax", "customs/common/glossary/customs/index en.htm Customs territory of the Community", "2002325EN.003301.html Treaty Establishing the European Community, part four", Treaty on the Functioning of the European Union § Article 355, "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", "Procedure File: 2006/2012(INI) - Legislative Observatory - European Parliament", "Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands", "Treaty of Lisbon, Article 2, points 287 and 293", "summaries/economic and monetary affairs/institutional and economic framework/l25042 en.htm Agreements concerning the French territorial communities". As EU is treaty between nations, Gibraltar would need to become fully independent or the agreement of the British government, in order to stay in the EU. European regulators hope that taking more time will convince the skeptics to get vaccinated. Zimbabwe and Hong Kong are not listed in the annex. [3] The status of two uninhabited territories, Clipperton and the Scattered Islands in the Indian Ocean, remains unclear as they are not explicitly mentioned in primary EU law and have a sui generis status at the national level.[4][d]. [5] All form part of the European Union customs area, however some fall outside of the Schengen Area and the European Union Value Added Tax Area. European Union website - EUROPA is the official EU website that provides access to information published by all EU institutions, agencies and bodies. Edit: Gibraltar has a special situation since it is self-governed with its own Parliament. In those special cases, VAT rules do not apply and they may also be exempt from customs or excise rules.[48][49]. [62] Büsingen is excluded from the EU customs union and the EU VAT area. It is bordered by Spain to the north and the people of Gibraltar are ferociously loyal British citizens despite being bilingual in English and Spanish. This page was last edited on 13 December 2020, at 05:09. [6], The 9 Outermost Regions of the European Union are:[7]. French Guiana, Guadeloupe, Martinique, Mayotte, and Réunion are five French overseas regions (which are also overseas departments) which under French law are, for the most part, treated as integral parts of the Republic. 3.4): Overview of European Union countries, "Mixed village in Cyprus buffer zone looks to offer hope", German Wikipedia about Büsingen am Hochrhein, "CAMPIONE D'ITALIA - Italy in Switzerland ENCLAVES", Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties, Protocol 10 to the Treaty of Accession 2003, "COUNCIL DECISION of 10 June 2004 concerning the representation of the people of Cyprus in the European Parliament in case of a settlement of the Cyprus problem (2004/511/EC)", Protocol 3 to the Treaty of Accession 2003, "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", "EURO ORDINANCE 2007 An Ordinance to provide for the adoption of the euro as legal tender in the Sovereign Base Areas and for related matters", "Declaration by Her Majesty's Government Regarding the Administration of the Sovereign Base Areas", 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, "The Saimaa Canal - Finnish Transport Agency", "Treaty establishing the European Coal and Steel Community (Paris, 18 April 1951)", Annex IV: Overseas countries and territories, Treaty establishing the European Community (consolidated version) - Text of the Treaty, Protocol on the application of the Treaty establishing the European Atomic Energy Community to the non European parts of the Kingdom of the Netherlands, Act ratifying the EAEC Treaty in the Netherlands, European Economic Community Treaty, Art 227, Norway and Iceland Schengen association agreement, Agreement on the European Economic Area - Protocol 40 on Svalbard, Declaration for activation of Protocol40 exclusion, "Moms på kjøp av tjenester fra Svalbard eller Jan Mayen", 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, Consolidated version of the European Communities Act (1972–18) (Gib. [15] The legal status of the islands was clarified on the coming into force of the Lisbon Treaty which listed them as outermost regions. The UK left the EU on 31 January 2020 after having voted to leave in the 2016 referendum and formally notified the EU of its intention to withdraw in March 2017. Between that date and 16 July 1976 Suriname had OCT status. The OCTs have been explicitly invited by the EU treaty to join the EU-OCT Association (OCTA). Until 31 December 2020, EU rights will continue to apply to all residents of Gibraltar and the United Kingdom. Pressure mounts on EU regulator to approve coronavirus vaccine — and fast. The UK ECC is part of the ECC-Net, they are a free and impartial service who offer advice and in some cases may be able to contact the trader on your behalf. The islands inherited their OCT status from the Netherlands Antilles which was dissolved in 2010. The Maastricht Treaty of 1992 (Treaty on European Union): 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), 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), Article 200(3) and 200(5) [ex Article 184(3) and (5)], 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. https://www.gibraltar.gov.gi/new/department-consumer-affairs, http://www.gibraltar.gov.gi/remotegambling/. [10], Mount Athos is an autonomous monastic region of Greece. The base areas are already de facto members of the eurozone due to their previous use of the Cypriot pound and their adoption of the euro as legal tender from 2008. Some of these territories were as follows: The following areas are still special member state territories, but have changed their status. Collectively, the special territories encompass a population of some 6.1 million people and a land area of about 2,733,792 square kilometres (1,055,500 sq mi). The Outermost regions (OMR) are territories forming part of a member state of the European Union but situated a significant distance from mainland Europe. [81] This means that there is no formal passport control, but an identity check at check-in for air or boat travel to the islands where Nordic citizens on intra-Nordic travel need no passport, only showing the ticket plus identity card. 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". As such, they benefit from being able to have their own export and import policy to and from the EU, while still having access to various EU funds (such as the European Development Fund). Greenland joined the then European Community in 1973 as a county along with Denmark, but after gaining autonomy with the introduction of home rule within the Kingdom of Denmark, Greenland voted to leave in 1982 and left in 1985, to become an OCT. Saint Martin is the only overseas collectivity of France with the status of being an outermost region of the EU. 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. 10 member state territories have ad hoc arrangements in their relationship with the EU. off-island and northern Cyprus) borders of the base areas to ensure that the border between the sovereign base areas and the Republic of Cyprus could remain fully open and would not have to be policed as an external EU border. [61] The euro is legal tender, though the Swiss franc is preferred. The effect of Brexit on Gibraltar concerns the status of Gibraltar after withdrawal of the United Kingdom from the European Union. [10] Swiss VAT generally applies. Please update this article to reflect recent events or newly available information. If there is one place in the UK that definitely doesn't want to leave the EU it is Gibraltar. 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. This is because EU countries are obliged to treat goods from these territories the same as goods coming from outside the EU. Yet the UK’s decision to leave the EU – which 96% of Gibraltarians voted against in last year’s EU membership referendum – has reinvigorated Spain’s centuries-old claim to the territory. Although Gibraltar has its own Parliament which is responsible for passing legislation, including European Community Directives, the UK Government is responsible for Gibraltar's foreign affairs, including their relationships within the European Union. EU law only applies fully to the part of the island that is effectively controlled by the government of the Republic of Cyprus. Seven outermost regions were recognised at the signing of the Maastricht Treaty in 1992. The Department of Consumer Affairs will be able to assist you with complaints you may have against local Traders and Companies offering goods or services. 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". 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 due to the Turkish invasion of Cyprus, 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). The French Southern and Antarctic Lands is the only special territory without a permanent population. Unlike other British overseas territories, their inhabitants (who are entitled to British Overseas Territories Citizenship) have never been entitled to British citizenship. [58] Jersey, Guernsey and Isle of Man have free trade, but were not in the EU. They are inside the single market (with exceptions) and the Schengen area, but outside the Eurozone, customs territory, and VAT area. [68] If the island is reunified, the Council of the European Union will repeal the suspension by a decision. [47], 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. Gibraltar has implemented the EU directive on administrative cooperation on tax matters with all 28 member states. The Overseas Countries and Territories Association was created to improve economic development and cooperation between the OCTs and the EU,[17] and includes most OCTs except three territories which do not have a permanent local population. Ceuta and Melilla are two Spanish cities on the North African coast. Bulgarian, Georgian, Romanian, Russian and Serbian are also used as liturgical languages, When Portugal became a Community member in 1986 East Timor was considered a. [38], Bonaire, Sint Eustatius, and Saba (collectively called Caribbean Netherlands) are "special municipalities" of the Netherlands proper. 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. The Commission is a statutory body corporate established by the Financial Services Commission Ordinance, 1989. Goods in free circulation coming from these territories are subject to the import VAT of the EU country they arrive in. In addition, to protect the local economy, the treaty of accession allows for a concept of hembygdsrätt/kotiseutuoikeus (regional citizenship). Greece's EU accession treaty provides that Mount Athos maintains its centuries-old special legal status,[83] guaranteed by article 105 of the Greek Constitution. 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). Although part of the EU, Livigno is excluded from the customs union and VAT area, with Livigno's tax status dating back to Napoleonic times. On the other hand, since May 21, 2002, the UK has granted all Gibraltarians with British citizenship. One day prior to UK’s exit from the EU, the 11th Joint Ministerial Council meeting between the UK and Gibraltar took place in London, to discuss the key issues the two sides have been working on. Cypriot nationality law extends to Northern Cyprus, meaning citizens of the Republic of Cyprus residing in Northern Cyprus are entitled to EU citizenship. When the UK joined the European Economic Community in 1973, Gibraltar was included in the Accession Treaty as a territory for whose external relations the UK is responsible. The Saimaa Canal and Värska–Ulitina road are two of several distinct 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. [10] The Canary Islands are the most populous and economically strongest territory of all the outermost regions in the European Union. In November, the European Union and the United Kingdom concluded the terms of an agreement for the orderly departure of the UK from the European Union. 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.[85]. 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. See their entries in the article for details. It is part of the customs union but outside the VAT area. Gibraltar considers joining EU’s Schengen open borders area to ease damage from Brexit. The legal system in Gibraltar is based on English Common Law with some local statute law variations. As of July 2014, there are still 13 OCTs (six with France, six with the Netherlands and one with Denmark)[24] of which all have joined OCTA. Just under half of the population of the sovereign base areas are Cypriots, the rest are British military personnel, support staff and their dependants. [69], 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. On 22 February 2007, Saint Martin and Saint Barthélemy were broken away from the French overseas department of Guadeloupe to form new overseas collectivities. Consequently, the sovereign base areas would have become a de facto part of the Schengen Area if and when Cyprus implemented it. 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.[120]. But in 2016, nearly 96% of voters in Gibraltar backed staying in the EU, while in Britain proper the referendum vote was 52-48% in favour of leaving the bloc. [19] Yet, the freedom of establishment is limited by Article 203 TFEU and the respective Council Decision on OCTs. [10], Mayotte is the newest of the five overseas departments, having changed from an overseas collectivity with OCT status on 31 March 2011. Provisions for the post-Brexit status of the bases were set out in a protocol to the Brexit withdrawal agreement. As a consequence, their EU status was unclear for a time. A list of the remaining member states which do not have special-status territories, and participate in all EU provisions: Austria Belgium Estonia Latvia Lithuania Luxembourg Malta Slovakia Slovenia, Territories of EU member states which enjoy special status within or outside the European Union, Special member state territories and the European Union, Location of the European Union and the special territories, Overseas Countries and Territories Association, Non-EU countries with integration in the Single Market. Back in 2016, the vast majority of the voters in Gibraltar voted to stay in the EU, fearing those possible consequences and complications. Danish citizens residing on the islands are not considered citizens of a member state within the meaning of the treaties or, consequently, citizens of the European Union. Minimal or none. Finland leases the 19.6 kilometres (12.2 mi)-long Russian part of the Saimaa Canal from Russia and is granted extraterritoriality rights. It participated in the Brexit referendum and it ceased, by default, to be a part of the EU upon the UK's withd… [50] Eman and O.B. "The provisions of Part Four of the Treaty were applied to Surinam, by virtue of a Supplementary Act of the Kingdom of the Netherlands (. [2] Mayotte, which was an OCT, joined the EU as an OMR with effect from 1 January 2014. The smallest by land area is the island of Saba in the Caribbean (13 km2 or 5 sq mi). [84] The monastery has certain rights to house monks from countries outside the EU. Article 2.1 of the Cyprus Protocol[68] allows the European Council to determine to what extent the provisions of EU law apply in the buffer zone.[79]. Gibraltar, which had no future as a military base for a country losing its military strength, makes a better living out of selling car insurance. This area is a part of Russia but is also a de facto part of the Schengen area. It consists of the Commissioner, as Chairman, and seven other persons, four of whom shall have relevant experience in the United Kingdom and three of whom shall have relevant experience in Gibraltar. Both comuni are part of the Lombardy region. However now Gibraltar has to prepare for the time after the UK parts as a member of the EU. Sevinger v College van burgemeester en wethouders van Den Haag, 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, 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 municipality 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), Declaration No. Et de l'île de Clipperton ' special status within the EU, a. 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