The Treaty establishing the European Community provides for the principle of free movement for workers (persons) between the associated overseas countries and territories (OCTs) and the EU member states, but to be governed by agreements requiring unanimous approval by the member states. Article 186 TEC:
Article 186 TEC
Subject to the provisions relating to public health, public security or public policy, freedom of movement within Member States for workers from the countries and territories, and within the countries and territories for workers from Member States, shall be governed by agreements to be concluded subsequently with the unanimous approval of Member States.
***
Original ToL
The original Treaty of Lisbon (ToL) contained the explicit but small amendment to the current TEC that agreements are to be replaced by legislative acts:
152) At the end of Article 186, the words ‘shall be governed by agreements to be concluded subsequently with the unanimous approval of Member States’ shall be replaced by ‘shall be regulated by acts adopted in accordance with Article 187’
***
TFEU consolidated
The unanimity requirement stands, although the procedure is described in other words, in Article 202 of the Treaty on the Functioning of the European Union (TFEU), in the consolidated Lisbon Treaty published OJEU 9.5.2008 C 115/138:
(PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES)
Article 202 TFEU
(ex Article 186 TEC)
Subject to the provisions relating to public health, public security or public policy, freedom of movement within Member States for workers from the countries and territories, and within the countries and territories for workers from Member States, shall be regulated by acts adopted in accordance with Article 203.
***
Special territories generally
If you want an introduction to the geographical scope of the EU treaties and the various special territories in general, you could read the Wikipedia article Special Member State Territories and the European Union, which discusses the outermost regions, the overseas countries and territories (OCTs) we have looked at in the latest blog posts, as well as special cases (latest update 12 January 2009):
http://en.wikipedia.org/wiki/Special_member_state_territories_and_the_European_Union
***
OCTs and freedom of movement for workers
Article 17 TEC establishes EU citizenship for every person holding the nationality of a member state and Article 18 TEC, in principle, lays down the right to move and reside freely within the territory of the member states, subject to the treaty and secondary legislation. (More detail is provided by the so called Citizenship Directive 2004/38/EC for EU citizens and notably their family members, but excluding social security.)
This means that the free movement rights of OCT residents depend on their citizenship. If they are full citizens of the “mother country”, they enjoy the rights of EU citizens.
***
Green Paper
The Commission’s Green Paper on the overseas countries and territories, COM(2008) 383 final, gives the following description of the situation (page 6 and 7):
In addition, unlike with third countries, all OCT nationals are in principle European citizens in the sense of Article 17 of the EC Treaty, which states that every person holding the nationality of a Member State is a citizen of the Union. More precisely, all nationals of Greenland and the French and Dutch OCTs also have the nationality of the related Member State automatically. As from 21 May 2002, the citizens of all the British OCTs are also British citizens, but they can renounce it in favour of remaining British overseas territories citizens only and are not obliged to have a passport describing them as a British citizen. As European citizens, OCT nationals are in principle also entitled to the rights conferred by Union citizenship (as laid down in Articles 18 to 22 of the EC Treaty), such as the right to move and reside (but not work) freely within the territory of the Member States. Moreover, OCT nationals can be granted the right to vote for and participate in the election of the European Parliament, subject to the conditions defined by the related Member States in compliance with Community law. This is, for example, the case for nationals of the French OCTs.
***
Commission Staff Working Document
The Staff Working Document SEC(2008) 2067 with the Annexes, accompanying the Green Paper gave the following additional information (page 31):
It is important to recall that, though not third countries, the OCTs do not form part of the Community single market. Therefore, the related four freedoms (free movement of people, goods, services and capital) that apply within the Community do not cover the OCT-EC association, although this does not affect the rights conferred upon OCT inhabitants by citizenship of the Union within the meaning of the EC Treaty. Instead, the above-mentioned arrangements for trade in goods, establishment and the provision of services apply to trade and economic relations between the Community and the OCTs. The Overseas Association Decision also contains provisions on current payments and capital movements. Furthermore, the free movement of workers between the OCTs and the Member States is mentioned in the EC Treaty, but this issue is to be governed by agreements to be concluded subsequently with the unanimous approval of the Member States. However, given this very cumbersome procedure laid down in Article 186 of the EC Treaty, such agreements have never been adopted so far. In this respect, it should be noted that the Treaty of Lisbon of 13 December 2007 makes the regulation of the free movement of workers between the OCTs and the Member States subject to the common procedure of Article 187 of the EC Treaty for adopting the detailed rules and procedures for the OCT-EC association, which could facilitate regulation of this issue.
***
Because no agreements have been concluded between the EU member states, citizenship determines the right to move and reside freely.
Ralf Grahn
Showing posts with label OCT. Show all posts
Showing posts with label OCT. Show all posts
Saturday, 24 January 2009
EU trade distortions: Overseas countries and territories
Preferential treatment causes trade distortions, but the Treaty establishing the European Community (TEC) foresees remedies should the level of duties applied by an overseas associated country or territory (OCT) to goods from a third country cause deflections of trade (as they are politely called) to the detriment of an EU member state.
According to Article 185 TEC the member state in question can ask the Commission to propose a remedy:
Article 185 TEC
If the level of the duties applicable to goods from a third country on entry into a country or territory is liable, when the provisions of Article 184(1) have been applied, to cause deflections of trade to the detriment of any Member State, the latter may request the Commission to propose to the other Member States the measures needed to remedy the situation.
***
TFEU consolidated
No explicit amendment concerned Article 185 TEC, so here is the corresponding provision of the Lisbon Treaty, Article 201 of the Treaty on the Functioning of the European Union (TFEU), published OJEU 9.5.2008 C 115/138:
(PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES)
Article 201 TFEU
(ex Article 185 TEC)
If the level of the duties applicable to goods from a third country on entry into a country or territory is liable, when the provisions of Article 200(1) have been applied, to cause deflections of trade to the detriment of any Member State, the latter may request the Commission to propose to the other Member States the measures needed to remedy the situation.
***
Practical value
The provision has little practical value, because these issues have been regulated through the rules of origin set out in the Overseas Association Decision 2001/822/EC, as amended and extended until 31 December 2013.
In addition to these, the reader might profit from the discussion on rules of origin in Annex IV of the Commission Staff Working Paper accompanying the Green Paper Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 SEC(2008) 2067 (page 33 to 34):
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2008:2067:FIN:EN:PDF
Ralf Grahn
According to Article 185 TEC the member state in question can ask the Commission to propose a remedy:
Article 185 TEC
If the level of the duties applicable to goods from a third country on entry into a country or territory is liable, when the provisions of Article 184(1) have been applied, to cause deflections of trade to the detriment of any Member State, the latter may request the Commission to propose to the other Member States the measures needed to remedy the situation.
***
TFEU consolidated
No explicit amendment concerned Article 185 TEC, so here is the corresponding provision of the Lisbon Treaty, Article 201 of the Treaty on the Functioning of the European Union (TFEU), published OJEU 9.5.2008 C 115/138:
(PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES)
Article 201 TFEU
(ex Article 185 TEC)
If the level of the duties applicable to goods from a third country on entry into a country or territory is liable, when the provisions of Article 200(1) have been applied, to cause deflections of trade to the detriment of any Member State, the latter may request the Commission to propose to the other Member States the measures needed to remedy the situation.
***
Practical value
The provision has little practical value, because these issues have been regulated through the rules of origin set out in the Overseas Association Decision 2001/822/EC, as amended and extended until 31 December 2013.
In addition to these, the reader might profit from the discussion on rules of origin in Annex IV of the Commission Staff Working Paper accompanying the Green Paper Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 SEC(2008) 2067 (page 33 to 34):
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2008:2067:FIN:EN:PDF
Ralf Grahn
EU customs duties: Associated overseas countries and territories
The asymmetric relationship between the EU member states and the associated overseas countries and territories (OCTs) is illustrated by the provisions on customs duties.
Customs duties are prohibited with regard to goods imported and originating from an OCT into an EU member states (paragraph 1).
Customs duties are prohibited with regard to imports from an EU member state or another OCT into an OCT (paragraph 2), but with the sizable exception that non-discriminatory customs duties which meet thee needs of its development and industrialisation or produce revenue for its budget (fiscal nature) are allowed (paragraphs 3 and 5).
Article 25 TEC referred to comprises not only to customs duties on imports and exports, but also to charges having equivalent effect.
The current Treaty establishing the European Community (TEC) sets out the principles concerning customs duties with regard to the non-European associated countries and territories in Article 184:
Article 184 TEC
1. Customs duties on imports into the Member States of goods originating in the countries and territories shall be prohibited in conformity with the prohibition of customs duties between Member States in accordance with the provisions of this Treaty.
2. Customs duties on imports into each country or territory from Member States or from the other countries or territories shall be prohibited in accordance with the provisions of Article 25.
3. The countries and territories may, however, levy customs duties which meet the needs of their development and industrialisation or produce revenue for their budgets.
The duties referred to in the preceding subparagraph may not exceed the level of those imposed on imports of products from the Member State with which each country or territory has special relations.
4. Paragraph 2 shall not apply to countries and territories which, by reason of the particular international obligations by which they are bound, already apply a non-discriminatory customs tariff.
5. The introduction of or any change in customs duties imposed on goods imported into the countries and territories shall not, either in law or in fact, give rise to any direct or indirect discrimination between imports from the various Member States.
***
Consolidated Lisbon Treaty
Article 184 TEC underwent no specific amendments, so we move on to the consolidated version of the Treaty on the Functioning of the European Union (TFEU, where the corresponding provision is Article 200 (OJEU 9.5.2008 C 115/138):
(PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES)
Article 200 TFEU
(ex Article 184 TEC)
1. Customs duties on imports into the Member States of goods originating in the countries and territories shall be prohibited in conformity with the prohibition of customs duties between Member States in accordance with the provisions of the Treaties.
2. Customs duties on imports into each country or territory from Member States or from the other countries or territories shall be prohibited in accordance with the provisions of Article 30.
3. The countries and territories may, however, levy customs duties which meet the needs of their development and industrialisation or produce revenue for their budgets.
The duties referred to in the preceding subparagraph may not exceed the level of those imposed on imports of products from the Member State with which each country or territory has special relations.
4. Paragraph 2 shall not apply to countries and territories which, by reason of the particular international obligations by which they are bound, already apply a non-discriminatory customs tariff.
5. The introduction of or any change in customs duties imposed on goods imported into the countries and territories shall not, either in law or in fact, give rise to any direct or indirect discrimination between imports from the various Member States.
***
OCT background and perspectives
The Commission’s Green Paper on future OCT relations. The Communication Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 COM(2008) 383 final, presents the existing relations between the European Union and the OCTs as well as questions about the future:
http://ec.europa.eu/development/icenter/repository/1_EN_ACT_part1_v8.pdf
***
Overview legal framework
Annex III The Overseas Association Decision of 27 November 2001 (page 28 to 31) of the Commission Staff Working Document accompanying the Green Paper Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 SEC(2008) 2067, presents a summary of legal framework ruling the relationship between the EU and the OCTs, both the development assistance aspect and the economic and trade relations:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2008:2067:FIN:EN:PDF
***
Trade relations overview
Annex IV Working document on the trade arrangements between the Community and the OCTs (page 32 to 38) of the Staff Working Document discusses regional integration, rules of origin, trade-related issues and transhipment.
***
Overseas Association Decision
The more exact arrangements are set out in the Overseas Association Decision 2001/822/EC, as amended and extended until 31 December 2013.
Ralf Grahn
Customs duties are prohibited with regard to goods imported and originating from an OCT into an EU member states (paragraph 1).
Customs duties are prohibited with regard to imports from an EU member state or another OCT into an OCT (paragraph 2), but with the sizable exception that non-discriminatory customs duties which meet thee needs of its development and industrialisation or produce revenue for its budget (fiscal nature) are allowed (paragraphs 3 and 5).
Article 25 TEC referred to comprises not only to customs duties on imports and exports, but also to charges having equivalent effect.
The current Treaty establishing the European Community (TEC) sets out the principles concerning customs duties with regard to the non-European associated countries and territories in Article 184:
Article 184 TEC
1. Customs duties on imports into the Member States of goods originating in the countries and territories shall be prohibited in conformity with the prohibition of customs duties between Member States in accordance with the provisions of this Treaty.
2. Customs duties on imports into each country or territory from Member States or from the other countries or territories shall be prohibited in accordance with the provisions of Article 25.
3. The countries and territories may, however, levy customs duties which meet the needs of their development and industrialisation or produce revenue for their budgets.
The duties referred to in the preceding subparagraph may not exceed the level of those imposed on imports of products from the Member State with which each country or territory has special relations.
4. Paragraph 2 shall not apply to countries and territories which, by reason of the particular international obligations by which they are bound, already apply a non-discriminatory customs tariff.
5. The introduction of or any change in customs duties imposed on goods imported into the countries and territories shall not, either in law or in fact, give rise to any direct or indirect discrimination between imports from the various Member States.
***
Consolidated Lisbon Treaty
Article 184 TEC underwent no specific amendments, so we move on to the consolidated version of the Treaty on the Functioning of the European Union (TFEU, where the corresponding provision is Article 200 (OJEU 9.5.2008 C 115/138):
(PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES)
Article 200 TFEU
(ex Article 184 TEC)
1. Customs duties on imports into the Member States of goods originating in the countries and territories shall be prohibited in conformity with the prohibition of customs duties between Member States in accordance with the provisions of the Treaties.
2. Customs duties on imports into each country or territory from Member States or from the other countries or territories shall be prohibited in accordance with the provisions of Article 30.
3. The countries and territories may, however, levy customs duties which meet the needs of their development and industrialisation or produce revenue for their budgets.
The duties referred to in the preceding subparagraph may not exceed the level of those imposed on imports of products from the Member State with which each country or territory has special relations.
4. Paragraph 2 shall not apply to countries and territories which, by reason of the particular international obligations by which they are bound, already apply a non-discriminatory customs tariff.
5. The introduction of or any change in customs duties imposed on goods imported into the countries and territories shall not, either in law or in fact, give rise to any direct or indirect discrimination between imports from the various Member States.
***
OCT background and perspectives
The Commission’s Green Paper on future OCT relations. The Communication Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 COM(2008) 383 final, presents the existing relations between the European Union and the OCTs as well as questions about the future:
http://ec.europa.eu/development/icenter/repository/1_EN_ACT_part1_v8.pdf
***
Overview legal framework
Annex III The Overseas Association Decision of 27 November 2001 (page 28 to 31) of the Commission Staff Working Document accompanying the Green Paper Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 SEC(2008) 2067, presents a summary of legal framework ruling the relationship between the EU and the OCTs, both the development assistance aspect and the economic and trade relations:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2008:2067:FIN:EN:PDF
***
Trade relations overview
Annex IV Working document on the trade arrangements between the Community and the OCTs (page 32 to 38) of the Staff Working Document discusses regional integration, rules of origin, trade-related issues and transhipment.
***
Overseas Association Decision
The more exact arrangements are set out in the Overseas Association Decision 2001/822/EC, as amended and extended until 31 December 2013.
Ralf Grahn
Friday, 23 January 2009
EU overseas association framework
The associated non-European, overseas countries and territories (OCTs) are special. They do not form part of the European Community (European Union), but neither are they third countries from the EU’s point of view.
The relations between the European Community and the OCTs are both special and asymmetric.
Article 183 of the Treaty establishing the European Community lays down some basic principles concerning this special relationship. The framework covers the trade regime, investments for development, procurement (tenders) and the right of establishment.
Trade: The EU member states apply the same rules to their trade with the OCTs as to the other member states (paragraph 1). .
An OCT applies the same trade rules to other EU member states as it applies to its mother country (paragraph 2).
Development investments: The EU member states contribute to development investments in the overseas countries and territories (paragraph 3).
Tenders: As a counterweight to the financial obligations of EU member states, businesses from all member states or other OCTs can participate in procurement procedures concerning Community investments in OCTs on equal terms (paragraph 4).
Establishment: Non-discriminatory rights of establishment are to be set out (paragraph 5).
The wording of Article 183 of the Treaty establishing the European Community (TEC):
Article 183 TEC
Association shall have the following objectives.
1. Member States shall apply to their trade with the countries and territories the same treatment as they accord each other pursuant to this Treaty.
2. Each country or territory shall apply to its trade with Member States and with the other countries and territories the same treatment as that which it applies to the European State with which is has special relations.
3. The Member States shall contribute to the investments required for the progressive development of these countries and territories.
4. For investments financed by the Community, participation in tenders and supplies shall be open on equal terms to all natural and legal persons who are nationals of a Member State or of one of the countries and territories.
5. In relations between Member States and the countries and territories the right of establishment of nationals and companies or firms shall be regulated in accordance with the provisions and procedures laid down in the Chapter relating to the right of establishment and on a non‑discriminatory basis, subject to any special provisions laid down pursuant to Article 187.
***
Consolidated Lisbon Treaty
Article 183 TEC underwent no specific amendments, so without looking at the intervening steps we present the consolidated version of the Treaty on the Functioning of the European Union (TFEU, where the corresponding provision is Article 199 (OJEU 9.5.2008 C 115/137):
(PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES)
Article 199 TFEU
(ex Article 183 TEC)
Association shall have the following objectives.
1. Member States shall apply to their trade with the countries and territories the same treatment as they accord each other pursuant to the Treaties.
2. Each country or territory shall apply to its trade with Member States and with the other countries and territories the same treatment as that which it applies to the European State with which is has special relations.
3. The Member States shall contribute to the investments required for the progressive development of these countries and territories.
4. For investments financed by the Union, participation in tenders and supplies shall be open on equal terms to all natural and legal persons who are nationals of a Member State or of one of the countries and territories.
5. In relations between Member States and the countries and territories the right of establishment of nationals and companies or firms shall be regulated in accordance with the provisions and procedures laid down in the Chapter relating to the right of establishment and on a non-discriminatory basis, subject to any special provisions laid down pursuant to Article 203.
***
Scadplus
The Commission’s Scadplus web pages contain summaries of Community legislation. The page Association of the OCTs with the European Community is available here (latest update 20 February 2008):
http://europa.eu/scadplus/leg/en/lvb/r12301.htm
The web page European Development Fund (EDF) presents the main instrument for aid to African, Caribbean and Pacific states (ACP countries) and OCTs (last updated 14 June 2007):
http://europa.eu/scadplus/leg/en/lvb/r12102.htm
***
Commission
The Commission’s Directorate-General Development offers additional information and links on the web page EU relations with its associated overseas territories:
http://ec.europa.eu/development/geographical/regionscountries/regionscountriesocts_en.cfm
***
Future overseas association relations
The Commission has issued a Green Paper on future OCT relations. The Communication Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 COM(2008) 383 final, is available here:
http://ec.europa.eu/development/icenter/repository/1_EN_ACT_part1_v8.pdf
With the Green Paper the Commission launched a discussion on the future relations between the EU and the OCTs, in the longer term. The grounds, objectives and nature of the solidarity between the EU and the OCTs are discussed. More specific issues regarding the trade regime applicable to the OCTs and the OCTs’ specific characteristics are dealt with in a Commission staff working paper.
In addition to the questions about the future, the Green Paper presents the situation of the European Community, the member states and OCT nationals, especially if you read the Annexes contained in
The Commission Staff Working Document accompanying the Green Paöer Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 SEC(2008) 2067:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2008:2067:FIN:EN:PDF
In other words, if you regard one of the following OCTs as more than an exotic holiday destination, you might want to read the Commission papers:
Greenland, New Caledonia and Dependencies, French Polynesia, French Southern and Antarctic Territories, Wallis and Futuna Islands, Mayotte, Saint Pierre and Miquelon, Aruba, Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten), Anguilla, Cayman Islands, Falkland Islands, South Georgia and the South Sandwich Islands, Montserrat, Pitcairn, Saint Helena and Dependencies, British Antarctic Territory, British Indian Ocean Territory, Turks and Caicos Islands, British Virgin Islands, [Bermuda].
Ralf Grahn
The relations between the European Community and the OCTs are both special and asymmetric.
Article 183 of the Treaty establishing the European Community lays down some basic principles concerning this special relationship. The framework covers the trade regime, investments for development, procurement (tenders) and the right of establishment.
Trade: The EU member states apply the same rules to their trade with the OCTs as to the other member states (paragraph 1). .
An OCT applies the same trade rules to other EU member states as it applies to its mother country (paragraph 2).
Development investments: The EU member states contribute to development investments in the overseas countries and territories (paragraph 3).
Tenders: As a counterweight to the financial obligations of EU member states, businesses from all member states or other OCTs can participate in procurement procedures concerning Community investments in OCTs on equal terms (paragraph 4).
Establishment: Non-discriminatory rights of establishment are to be set out (paragraph 5).
The wording of Article 183 of the Treaty establishing the European Community (TEC):
Article 183 TEC
Association shall have the following objectives.
1. Member States shall apply to their trade with the countries and territories the same treatment as they accord each other pursuant to this Treaty.
2. Each country or territory shall apply to its trade with Member States and with the other countries and territories the same treatment as that which it applies to the European State with which is has special relations.
3. The Member States shall contribute to the investments required for the progressive development of these countries and territories.
4. For investments financed by the Community, participation in tenders and supplies shall be open on equal terms to all natural and legal persons who are nationals of a Member State or of one of the countries and territories.
5. In relations between Member States and the countries and territories the right of establishment of nationals and companies or firms shall be regulated in accordance with the provisions and procedures laid down in the Chapter relating to the right of establishment and on a non‑discriminatory basis, subject to any special provisions laid down pursuant to Article 187.
***
Consolidated Lisbon Treaty
Article 183 TEC underwent no specific amendments, so without looking at the intervening steps we present the consolidated version of the Treaty on the Functioning of the European Union (TFEU, where the corresponding provision is Article 199 (OJEU 9.5.2008 C 115/137):
(PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES)
Article 199 TFEU
(ex Article 183 TEC)
Association shall have the following objectives.
1. Member States shall apply to their trade with the countries and territories the same treatment as they accord each other pursuant to the Treaties.
2. Each country or territory shall apply to its trade with Member States and with the other countries and territories the same treatment as that which it applies to the European State with which is has special relations.
3. The Member States shall contribute to the investments required for the progressive development of these countries and territories.
4. For investments financed by the Union, participation in tenders and supplies shall be open on equal terms to all natural and legal persons who are nationals of a Member State or of one of the countries and territories.
5. In relations between Member States and the countries and territories the right of establishment of nationals and companies or firms shall be regulated in accordance with the provisions and procedures laid down in the Chapter relating to the right of establishment and on a non-discriminatory basis, subject to any special provisions laid down pursuant to Article 203.
***
Scadplus
The Commission’s Scadplus web pages contain summaries of Community legislation. The page Association of the OCTs with the European Community is available here (latest update 20 February 2008):
http://europa.eu/scadplus/leg/en/lvb/r12301.htm
The web page European Development Fund (EDF) presents the main instrument for aid to African, Caribbean and Pacific states (ACP countries) and OCTs (last updated 14 June 2007):
http://europa.eu/scadplus/leg/en/lvb/r12102.htm
***
Commission
The Commission’s Directorate-General Development offers additional information and links on the web page EU relations with its associated overseas territories:
http://ec.europa.eu/development/geographical/regionscountries/regionscountriesocts_en.cfm
***
Future overseas association relations
The Commission has issued a Green Paper on future OCT relations. The Communication Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 COM(2008) 383 final, is available here:
http://ec.europa.eu/development/icenter/repository/1_EN_ACT_part1_v8.pdf
With the Green Paper the Commission launched a discussion on the future relations between the EU and the OCTs, in the longer term. The grounds, objectives and nature of the solidarity between the EU and the OCTs are discussed. More specific issues regarding the trade regime applicable to the OCTs and the OCTs’ specific characteristics are dealt with in a Commission staff working paper.
In addition to the questions about the future, the Green Paper presents the situation of the European Community, the member states and OCT nationals, especially if you read the Annexes contained in
The Commission Staff Working Document accompanying the Green Paöer Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 SEC(2008) 2067:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2008:2067:FIN:EN:PDF
In other words, if you regard one of the following OCTs as more than an exotic holiday destination, you might want to read the Commission papers:
Greenland, New Caledonia and Dependencies, French Polynesia, French Southern and Antarctic Territories, Wallis and Futuna Islands, Mayotte, Saint Pierre and Miquelon, Aruba, Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten), Anguilla, Cayman Islands, Falkland Islands, South Georgia and the South Sandwich Islands, Montserrat, Pitcairn, Saint Helena and Dependencies, British Antarctic Territory, British Indian Ocean Territory, Turks and Caicos Islands, British Virgin Islands, [Bermuda].
Ralf Grahn
Thursday, 22 January 2009
EU Law: Associated overseas countries and territories
The Treaty establishing the European Community sets out a special regime – association – for overseas countries and territories with a special relationship to one of the member states Denmark, France, the Netherlands or the United Kingdom.
These non-European countries and territories are not independent states. European Community (European Union) law does not apply directly to them.
***
Current TEC
The Preamble of the Treaty establishing the European Community (TEC) evokes the intention to confirm the solidarity which binds Europe and the overseas countries and the desire to ensure the development of their prosperity, in accordance with the principles of the Charter of the United Nations.
Among the activities of the European Community Article 3(1)(s) TEC mentions the association of the overseas countries and territories in order to increase trade and promote jointly economic and social development.
Article 182 TEC sets out the geographical scope of the associated overseas countries and territories, OCTs in Eurojargon.
First of all, such relations exist only with Denmark, France, the Netherlands and the United Kingdom.
Further, these non-European countries and territories are listed in TEC Annex II (below).
The purpose and the aims of association can be described as benevolent. They are laid down in the second and the third paragraph:
PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES
Article 182 TEC
The Member States agree to associate with the Community the non-European countries and territories which have special relations with Denmark, France, the Netherlands and the United Kingdom. These countries and territories (hereinafter called the ‘countries and territories’) are listed in Annex II to this Treaty.
The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Community as a whole.
In accordance with the principles set out in the preamble to this Treaty, association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire.
***
Original Lisbon Treaty (ToL)
Article 2, point 151 of the original Treaty of Lisbon (ToL) made a cosmetic change to Article 182 TEC (OJEU 17.12.2007 C 306/90):
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES
151) At the end of Article 182, first paragraph, the words ‘to this Treaty’ shall be deleted.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that Article 182 TEC became Article 182 TFEU (ToL) and was then renumbered Article 198 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/219).
***
Consolidated Lisbon Treaty
Article 198 TFEU
In addition to the specific but cosmetic amendment, the usual horizontal amendment replaced Community by Union. Article 198 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/137):
PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES
Article 198 TFEU
(ex Article 182 TEC)
The Member States agree to associate with the Union the non-European countries and territories which have special relations with Denmark, France, the Netherlands and the United Kingdom. These countries and territories (hereinafter called the ‘countries and territories’) are listed in Annex II.
The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Union as a whole.
In accordance with the principles set out in the preamble to this Treaty, association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire.
***
Annex II
The latest official version of the list of associated overseas countries and territories is annexed to the consolidated Treaty of Lisbon (OJEU 9.5.2008 C 115/334):
ANNEX II
OVERSEAS COUNTRIES AND TERRITORIES TO WHICH THE PROVISIONS OF PART FOUR OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION APPLY
— Greenland,
— New Caledonia and Dependencies,
— French Polynesia,
— French Southern and Antarctic Territories,
— Wallis and Futuna Islands,
— Mayotte,
— Saint Pierre and Miquelon,
— Aruba,
— Netherlands Antilles:
· Bonaire,
· Curaçao,
· Saba,
· Sint Eustatius,
· Sint Maarten,
— Anguilla,
— Cayman Islands,
— Falkland Islands,
— South Georgia and the South Sandwich Islands,
— Montserrat,
— Pitcairn,
— Saint Helena and Dependencies,
— British Antarctic Territory,
— British Indian Ocean Territory,
— Turks and Caicos Islands,
— British Virgin Islands,
— Bermuda.
Ralf Grahn
These non-European countries and territories are not independent states. European Community (European Union) law does not apply directly to them.
***
Current TEC
The Preamble of the Treaty establishing the European Community (TEC) evokes the intention to confirm the solidarity which binds Europe and the overseas countries and the desire to ensure the development of their prosperity, in accordance with the principles of the Charter of the United Nations.
Among the activities of the European Community Article 3(1)(s) TEC mentions the association of the overseas countries and territories in order to increase trade and promote jointly economic and social development.
Article 182 TEC sets out the geographical scope of the associated overseas countries and territories, OCTs in Eurojargon.
First of all, such relations exist only with Denmark, France, the Netherlands and the United Kingdom.
Further, these non-European countries and territories are listed in TEC Annex II (below).
The purpose and the aims of association can be described as benevolent. They are laid down in the second and the third paragraph:
PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES
Article 182 TEC
The Member States agree to associate with the Community the non-European countries and territories which have special relations with Denmark, France, the Netherlands and the United Kingdom. These countries and territories (hereinafter called the ‘countries and territories’) are listed in Annex II to this Treaty.
The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Community as a whole.
In accordance with the principles set out in the preamble to this Treaty, association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire.
***
Original Lisbon Treaty (ToL)
Article 2, point 151 of the original Treaty of Lisbon (ToL) made a cosmetic change to Article 182 TEC (OJEU 17.12.2007 C 306/90):
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES
151) At the end of Article 182, first paragraph, the words ‘to this Treaty’ shall be deleted.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that Article 182 TEC became Article 182 TFEU (ToL) and was then renumbered Article 198 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/219).
***
Consolidated Lisbon Treaty
Article 198 TFEU
In addition to the specific but cosmetic amendment, the usual horizontal amendment replaced Community by Union. Article 198 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/137):
PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES
Article 198 TFEU
(ex Article 182 TEC)
The Member States agree to associate with the Union the non-European countries and territories which have special relations with Denmark, France, the Netherlands and the United Kingdom. These countries and territories (hereinafter called the ‘countries and territories’) are listed in Annex II.
The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Union as a whole.
In accordance with the principles set out in the preamble to this Treaty, association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire.
***
Annex II
The latest official version of the list of associated overseas countries and territories is annexed to the consolidated Treaty of Lisbon (OJEU 9.5.2008 C 115/334):
ANNEX II
OVERSEAS COUNTRIES AND TERRITORIES TO WHICH THE PROVISIONS OF PART FOUR OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION APPLY
— Greenland,
— New Caledonia and Dependencies,
— French Polynesia,
— French Southern and Antarctic Territories,
— Wallis and Futuna Islands,
— Mayotte,
— Saint Pierre and Miquelon,
— Aruba,
— Netherlands Antilles:
· Bonaire,
· Curaçao,
· Saba,
· Sint Eustatius,
· Sint Maarten,
— Anguilla,
— Cayman Islands,
— Falkland Islands,
— South Georgia and the South Sandwich Islands,
— Montserrat,
— Pitcairn,
— Saint Helena and Dependencies,
— British Antarctic Territory,
— British Indian Ocean Territory,
— Turks and Caicos Islands,
— British Virgin Islands,
— Bermuda.
Ralf Grahn
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