Special member state territories and the European Union

Outermost regions

The outermost regions (OMR) are territories forming part of a member state, situated a significant distance from mainland Europe, which are 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". All form part of the EU's customs area, however some fall outside of Schengen Area and European Union Value Added Tax Area (EU VAT Area).

Seven outermost regions were recognised at 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. Mayotte, which was formerly an OCT, joined the EU as a 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.

Autonomous Regions of Portugal

Azores and Madeira are two groups of Portuguese islands in the Atlantic. Azores and Madeira are integral parts of the Portuguese Republic, but both have the special status as Autonomous Regions, with a degree of self-governance. 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 EU VAT Area.

Canary Islands

The Canary Islands are a Spanish archipelago off the African coast which form one of the 17 Autonomous Communities of Spain–the country's principal first-level administrative division. They are outside the EU VAT 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 regions

French Guiana, Guadeloupe, Martinique, Mayotte, and Réunion are five French overseas regions which under French law are, for the most part, treated as integral parts of the Republic. The euro is legal tender, however they are outside the Schengen Area and the EU 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.

Collectivity of Saint Martin

Saint Martin is the only overseas collectivity of France with the status of being an outermost region of the EU. As with the French overseas regions, the euro is legal tender in Saint Martin, and it is outside the Schengen Area and the EU VAT Area.

On 22 February 2007, Saint Martin and Saint Barthélemy were broken away from the French overseas department of Guadeloupe to form new overseas collectivities. As a consequence their EU status was unclear for a time. While a report issued by the French parliament suggested that the islands remained within the EU as outermost regions, European Commission documents listed them 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 them as an outermost region. However, Saint Barthélemy ceased being an outermost region and left the EU, to become an OCT, on 1 January 2012.

Overseas countries and territories

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. Yet, the freedom of establishment is limited by Article 203 TFEU and the respective Council Decision on OCTs (2013/755/EU). 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." Again this can be, according to Article 51(2)(b) limited. The obligations provided for in paragraph 1 of this Article shall not apply to treatment granted under measures providing for recognition of qualifications, licences or prudential measures in accordance with Article VII of the General Agreement on Trade in Services (GATS) or the GATS Annex on Financial Services.

The OCTs 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) do not have a permanent population.

British Overseas Territories

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:

Anguilla

Bermuda

British Antarctic Territory

British Indian Ocean Territory

British Virgin Islands

Cayman Islands

Falkland Islands

Montserrat

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 the 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 territories

A total of six French overseas territories currently have OCT status within EU.

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. It has sui generis status 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 use the euro, 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 and Saint Martin were separated from the French overseas department of Guadeloupe to form new overseas collectivities. As a consequence, their EU status was unclear for a time. While a report issued by the French parliament suggested that the islands remained within the EU as outermost regions, European Commission documents listed them 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 them as outermost regions. 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 territories

Six territories of the Netherlands — all of which are Caribbean islands — have OCT status. 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 receive various EU funds (i.e. from the European Development Fund). The inhabitants of the islands are EU citizens owing to their Dutch citizenship, with the right to vote in elections to the European Parliament. Initially they did not have voting rights for such elections, but the European Court of Justice granted them such rights, when they ruled their exclusion from the franchise was contrary to EU law, as all other Dutch citizens resident outside the EU did have the right to vote. Neither of the islands use the euro as their currency. The US Dollar is used on Bonaire, St. Eustatius and Saba, while Curaçao and St. Maarten utilize their own shared currency the Antillean guilder, and finally the currency of Aruba is the Aruban florin.

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. 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. 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.

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

Greenland joined the then European Community in 1973 as a county along with Denmark, but voted to leave the EC in 1982 and left in 1985, to become an OCT. Citizens of Greenland are, nonetheless, EU 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.

Special cases

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 have 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.

Åland Islands

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 any Finnish citizen legally resident in Åland for 5 years that can demonstrate an adequate knowledge of the Swedish language.

Büsingen am Hochrhein

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 Livigno

The Italian exclave village of Campione d'Italia is enclaved 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 Melilla

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.

Channel Islands

The Bailiwick of Jersey and Bailiwick of Guernsey—which form the Channel Islands—are Crown dependencies, under the sovereignty of the British monarch. The islands take part in the EU freedom of movement of goods but not labour, services or capital. They are outside the VAT area, but inside the customs union.

Channel Islanders are British citizens and hence European citizens. As a result, they can travel freely within the EU, and all European citizens can travel to the islands without restrictions. However, the islands do not participate in the freedom of movement of labour, and as a result their citizens are not entitled to work or reside within the EU unless they are directly connected (through birth, or descent from a parent or grandparent) with the United Kingdom. After five years continuous residence in the United Kingdom, islanders are entitled to participate in the freedom of movement of labour or services throughout the EU.

Isle of Man

The Isle of Man is a Crown dependency, under the sovereignty of the British monarch. The island takes part in the EU freedom of movement of goods but not labour, 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. As a result, they can travel freely within the EU, and all European citizens can travel to the Isle of Man without restrictions. However, the island does not participate in the freedom of movement of labour, and as a result its citizens are not entitled to work or reside within the EU unless they are directly connected (through birth, or descent from a parent or grandparent) with the United Kingdom. After five years continuous residence in the United Kingdom, Manx people are entitled to participate in the freedom of movement of labour or services throughout the EU.

Cyprus

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. If the island is reunified, the Council of the European Union will repeal the suspension by a decision. 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.

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.

Akrotiri and Dhekelia

The United Kingdom has two sovereign base areas 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 base areas. 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 areas' 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 base areas to ensure that the border between the sovereign base areas and the Republic of Cyprus can remain fully open and will not have to be policed as an external EU border. Consequently, the sovereign base areas will become a de facto part of the Schengen Area if and when Cyprus implements it. The base areas 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 base areas have never been entitled to British citizenship or to the European Union citizenship that would go with it, however Cypriot nationality law extends to Cypriots in the Sovereign Base Areas, meaning Cypriot residents, as citizens of the Republic of Cyprus, are entitled to EU citizenship. 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 zone

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.

Faroe Islands

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. 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. However, Faroese people 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

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. In 2016 Gibraltar voted "remain" in the UK EU membership referendum; however Gibraltar's membership is not distinct from the UK's and Gibraltar is bound by the overall result of "leave".

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."

Heligoland

Heligoland is an island of Germany situated in the North Sea 70 km (43 mi) off the German north-western coast. It is part of the EU, but is excluded from the customs union and the VAT area.

Mount Athos

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 extraterritoriality

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. Some have become superfluous thanks to the Schengen Agreement.

Saimaa Canal

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.

Värska–Ulitina road

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.

Former special territories

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 these territories seceded before the implementation of the Maastricht treaty in 1993 and the following years, meaning that cooperation like the EU citizenship, the VAT union or the Eurozone did not exist, so it made less difference to be a special territory then.

These were:

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 annexed by 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 two 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.

Greenland

Saint Barthélemy

Bermuda

Mayotte

European Free Trade Association

Some European countries are strongly connected to the European Union, through the European Economic Area or similar agreements. These countries are Iceland, Liechtenstein, Norway and Switzerland, the member states of the European Free Trade Association (EFTA). They are inside the single market (with exceptions) and the Schengen area, but outside the Eurozone, customs territory, and VAT area. Norway and Switzerland have special areas.

Liechtenstein

De facto limitations on free movement of workers as a result of indefinite use of safeguard measures

Norway

Svalbard

Switzerland

Samnaun

Summary

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.

Summary for member states that do not have special-status territories, but do not participate in certain EU provisions as they are either not yet eligible or have an opt-out.

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