5 attached to the Final Act of the, Watch map services, [27], The French Southern and Antarctic Lands (which also include the French Scattered Islands in the Indian Ocean, and the French claim of Adélie Land in Antarctica) is a French Overseas Territory but has no permanent population. 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. 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. Gibraltar is not part of the UK, but contrary to all other British Overseas Territorieswas a part of the European Union like the UK. 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. Is Gibraltar part of the EU? Well, Gibraltar is a British Overseas Territory, and also part of the European Union, but under Article 28 of the 1971 UK Accession Treaty it is not part of the European Union VAT Area. The people of Gibraltar are predominantly of Spanish, Maltese and other Mediterranean descent, and are bilingual Spanish/English speakers, with English the language of business and Spanish otherwise dominant. As a consequence, their EU status was unclear for a time. Bonaire, Saba, and Sint Eustatius: Inherited status as non-member from the Netherlands Antilles. Single Market states and their territories. [57] However, there are some derogations due to the islands' special status. 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. 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. Gibraltar has a special relationship with the European Community, which is different from any other overseas territory of a member state. [1] The Treaty of Lisbon included two additional territories (Saint Barthélemy and Saint Martin) in 2007. The Faroe Islands are not part of the Schengen Area, and Schengen visas are not valid. 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". Some European countries are strongly connected to the European Union, through the European Economic Area or similar agreements. 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. The overseas countries and territories (OCT) are dependent territories that have a special relationship with one of the member states of the EU. The FSC can be accessed on http://www.fsc.gi/fsc/home.htm. Norway and Switzerland have special areas. [75] The UK also agreed in the Protocol to keep enough control of the external (i.e. 10 member state territories have ad hoc arrangements in their relationship with the EU. 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. This page was last edited on 13 December 2020, at 05:09. [77] 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.[78]. The FSC can be accessed on. Under the Treaty of Rome 1973 and the UK Act of Accession of the same year, Gibraltar was classified as … The Government of Gibraltar Information Services also has a gambling section on http://www.gibraltar.gov.gi/remotegambling/. Which VAT applies to goods arriving from EU territories not covered by EU VAT rules? 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]. 3 MEMORIE VAN TOELICHTING", 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, "Declaration on the towns of Ceuta and Melilla regarding Schengen", Information on the "Territorial status of EU countries and certain territories" from the European Commission, Review of CARIFORUM-EU EPA - and Implications for the British and Dutch Caribbean Octs, European Coal and Steel Community (1951–2002), European Economic Community (1958–1993/2009), Mechanism for Cooperation and Verification, Cities with more than 100,000 inhabitants, Largest cities by population within city limits, https://en.wikipedia.org/w/index.php?title=Special_member_state_territories_and_the_European_Union&oldid=993920761, Articles tagged for attention after Brexit, Special territories of the European Union, Wikipedia articles needing clarification from September 2009, Articles containing potentially dated statements from 2011, All articles containing potentially dated statements, Articles with unsourced statements from June 2008, Articles with French-language sources (fr), Articles with unsourced statements from October 2010, Pages using collapsible list with both background and text-align in titlestyle, Pages using infobox country or infobox former country with the flag caption or type parameters, Articles with unsourced statements from September 2020, Wikipedia articles in need of updating from May 2019, All Wikipedia articles in need of updating, Creative Commons Attribution-ShareAlike License, Belgium (with multiple territories, from ECSC formation until 1962), France (with multiple territories, from ECSC formation), The Netherlands (with multiple territories, from ECSC formation), Portugal (with multiple territories, from, United Kingdom (with multiple territories, from. On 22 February 2007, Saint Barthélemy and Saint Martin were separated from the French overseas department of Guadeloupe to form new overseas collectivities. Due to this situation, they have derogation from some EU policies despite being part of the European Union. Until 31 December 2020, EU rights will continue to apply to all residents of Gibraltar and the United Kingdom. There are also special rules concerning vessels travelling to Finland via the canal. [6], The 9 Outermost Regions of the European Union are:[7]. The change was made to facilitate trade with countries outside the EU, notably the United States,[32] 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. Other areas were and remain fully outside EU integration. It participated in the Brexit referendum and it ceased, by default, to be a part of the EU upon the UK's withd… Please update this article to reflect recent events or newly available information. Gibraltar, with a population of just under 30,000 inhabitants, is almost certainly the smallest jurisdiction in the EU with an obligation to transpose and implement EU directives. 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. Gibraltar, colloquially known as The Rock, (or simply 'Gib'), is an overseas territory of the United Kingdom sitting at the entrance to the Mediterranean Sea. In addition, to protect the local economy, the treaty of accession allows for a concept of hembygdsrätt/kotiseutuoikeus (regional citizenship). Eman and O.B. Residents of "The Rock" voted overwhelmingly - by 96% - to stay in the European Union. Does this mean you need to charge VAT on sales to Gibraltar? “[10]… Since the territory of Gibraltar is a European territory, within the meaning of Article 299(4) EC, for whose external relations the United Kingdom is responsible, the provisions of the Treaty apply to it…” However, the court did not go on to decide whether Gibraltar is “part of the United Kingdom” for EU purposes (see para Gibraltar is a British Overseas Territory, ceded to the British Crown in 1713 under the Treaty of Utrecht following the Spanish War of Secession. 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. This table summarises the various components of EU laws applied in the EU member states and their sovereign territories. One of the French territories subsequently switched status from OMR to OCT (Saint Barthélemy), while another French territory switched from OCT to OMR (Mayotte). Spain continues to dispute the UK over its right to maintain an irredentist claim to sovereignty over Gibraltar to this day, which is essentially a claim based on the fact that Gibraltar had been a part of Spain in the past. This area is a part of Russia but is also a de facto part of the Schengen area. 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. Between that date and 16 July 1976 Suriname had OCT status. [28] It has sui generis status within France.[29]. If there is one place in the UK that definitely doesn't want to leave the EU it is Gibraltar. 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. 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. [5] Saint Barthélemy changed its status from OMR to OCT with effect from 1 January 2012. 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. [3] They were listed in the 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[18] and freedom of establishment. [2] Mayotte, which was an OCT, joined the EU as an OMR with effect from 1 January 2014. Chief minister Fabian Picardo says it does not ‘make sense’ for the territory to be cut off However now Gibraltar has to prepare for the time after the UK parts as a member of the EU. [86] Euros are accepted for the canal fees. [61] The euro is legal tender, though the Swiss franc is preferred. [40] In October 2015, the review concluded the present legal structures for governance and integration with European Netherlands was not working well within the framework of WolBES, but no recommendations were made in regards of whether a switch from OCT to OMR status would help improve this situation.[41][42][43][44]. The Faroe Islands are not part of the EU, and they have not been part of the EU since Denmark joined the community in 1973. 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. 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]. Perhaps the newsagent now sells El País. 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]. Gibraltar has implemented the EU directive on administrative cooperation on tax matters with all 28 member states. [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. Gibraltar is rich because its relationship with the EU and UK make it so. Finland leases the 19.6 kilometres (12.2 mi)-long Russian part of the Saimaa Canal from Russia and is granted extraterritoriality rights. The special territories divide themselves in three categories: 9 Outermost Regions (OMR) that form part of the European Union, though they benefit from derogations from some EU laws due to their geographical remoteness from mainland Europe, 13 Overseas Countries and Territories (OCT) that do not form part of the European Union, though they cooperate with the EU via the Overseas Countries and Territories Association, and 10 special cases that form part of the European Union (with the exception of the Faroe Islands), though EU law make ad hoc provisions. 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. The French Southern and Antarctic Lands is the only special territory without a permanent population. On the other hand, since May 21, 2002, the UK has granted all Gibraltarians with British citizenship. [34], Aruba, Curaçao, and Sint Maarten are classified as "countries" under Dutch law, and have considerable internal autonomy. Since then it has been fully managed by Russian authorities, and is no longer part of the concession territory. [70][71] Citizens of the Republic of Cyprus living in Northern Cyprus are EU citizens and are nominally entitled to vote in elections to the European Parliament; however, elections to that Parliament are not organised in Northern Cyprus as it is governed de facto a separate state, albeit a state recognized only by Turkey.[72]. Its Article 51(1)(a) prescribes only that "the Union shall accord to natural and legal persons of the OCTs a treatment no less favourable than the most favourable treatment applicable to like natural and legal persons of any third country with whom the Union concludes or has concluded an economic integration agreement." Phase until the end of 2020, which is different from any other in. 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