Abstract
This chapter provides an introduction to the third paragraph of Article 299 TEC, dealing with the Overseas Countries and Territories (OCTs), just before entry into force of the corresponding Lisbon Treaty provision. The key developments since 1957 relevant to this paragraph are examined, including Member State accessions and territories, impact of and points of divergence with the EU/ACP partnership, relevant legislation and case law of the European courts, main Treaty amendments including key amendments introduced by the Lisbon Treaty. An overview of the OCT framework is also examined.
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Notes
- 1.
European Commission Legal Service JUR (78) D/01681, 17 May 1978, Territories of Member States to which the EC competition rules apply.
- 2.
Although formerly an OCT as listed in Annex II infra, TEC, Bermuda does not benefit from the EU/OCT Association.
- 3.
Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community, OJ L314/1 30 November 2001 and OJ L324/1 7 December 2001, as amended by Council Decision 2007/249/EC, OJ L109/33, 26.4.2007.
- 4.
The Netherlands Antilles was dissolved on 10 October 2010, resulting in two new constituent countries, Curaçao and Sint Maarten, with the other islands joining the Netherlands as special municipalities. This change has not however, been reflected in Annex II of the TFEU. For simplicity therefore, this book will continue to use the generic “Netherlands Antilles” to refer to the territories having that status prior to 10 October 2010.
- 5.
See Sect. 9.4 supra on The DOMs, TOMs and France.
- 6.
See Megret 1987.
- 7.
Written Question No 1007/84 OJ C62/34, 11 March 1985 by John Ford to the Commission on the status of Clipperton Island.
- 8.
Dewost 1979.
- 9.
See also Preamble to Council Decision 2001/822/EC, supra footnote 3.
- 10.
The last protocol was initialled in June 2006 and runs from January 1, 2007 to December 31, 2012.
- 11.
Joint Declaration by the European Community, on the one hand, and the Home Rule Government of Greenland and the Government of Denmark, on the other, on partnership between the European Community and Greenland, OJ L 208/32, 29.7.2006.
- 12.
Council Decision 2006/526/EC of 17 July 2006 on relations between the European Community, on the one hand, and Greenland and the Kingdom of Denmark, on the other, OJ L208/28, 29 July 2006; Commission Regulation 4391/2007/EC implementing Council Decision on relations between the European Community on the one hand, and Greenland and the Kingdom of Denmark on the other, OJ L104/20, 21 April 2007.
- 13.
Collectivitéerritoriale.
- 14.
The category of overseas collectivities (collectivitésd'outre-mer or COM), was created with the constitutional reform on 28 March 2003.
- 15.
The other French COMs are French Polynesia, St Pierre et Miquelon and Wallis and Futuna.
- 16.
Supra footnote 7. Specifically, the Commission responded: “It follows from the combined provisions of Article 227(1, 2, and 3) of the Treaty establishing the European Economic Community that, as far as the French Republic is concerned, the Treaty applies to its European territory and overseas departments. As the French territory of Clipperton Island belongs to neither, it is not covered by the Treaty.”
- 17.
Present day OCTs outlined in bold
- 18.
Now Mali
- 19.
Now Guinea
- 20.
Now Bénin
- 21.
Now Burkina Faso
- 22.
Now Republic of Congo
- 23.
Now Central African Republic
- 24.
St Pierre et Miquelon, originally a French TOM, became a DOM in 1976 and later, in 1985, reverted to a TOM
- 25.
Now the Union of the Comoros
- 26.
Now Djibouti
- 27.
Now Vanuatu
- 28.
Now the Republic of Congo
- 29.
Now Rwanda and Burundi
- 30.
Upon independence, Italian Somaliland united with British Somaliland to form the Republic of Somalia
- 31.
Now part of Indonesia’s provinces, Papua and West Papua
- 32.
Gained independence in November 1975
- 33.
Now Belize
- 34.
Now Antigua and Barbuda
- 35.
Now St Vincent and the Grenadines
- 36.
Now Nevis and Anguilla. Currently, only Anguilla is an OCT
- 37.
Now the Republic of Kiribati
- 38.
Now Kiribati
- 39.
Now Tuvalu
- 40.
Now the Republic of Seychelles
- 41.
Added to the OCT framework by Article 4 of the Treaty amending with regard to Greenland, the Treaties establishing the European Communities OJ L29 1 February 1985
- 42.
The first such Council Decision applicable to the OCTs was Decision 64/349/EEC of 25 February 1964, OJ 1964/1472. It was replaced by a succession of Decisions: 70/549/EEC of 25 September 1970, OJ 1970 L282/83; 76/568/EEC of 29 June 1976, OJ 1976 L176/8; 80/1186/EEC of 16 December 1980, OJ 1980 L361/1; 86/283/EEC of 30 June 1986, OJ 1986 L175/1; 91/482/EEC of 25 July 1991, OJ 1991 L263/1 as amended by Decision 97/803/EC of 24 November 1997, OJ 1997 L329/50.
- 43.
Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community,supra footnote 3.
- 44.
Supra footnote 42.
- 45.
See Annex XI infra Declaration on the Overseas Countries and Territories, Maastricht Treaty 1992.
- 46.
Since Macao was returned to China in December 1999 and East Timor gained independence in May 2002, the Declaration no longer applies to these jurisdictions.
- 47.
See Annex XII infra Declaration No. 36 on the OCTs, Amsterdam Treaty 1997.
- 48.
Commission Green Paper: Future relations between the EU and the Overseas Countries and Territories, COM (2008) 383 final, 25 June 2008; Commission staff working document accompanying the Green Paper, SEC (2008) 2067, 25 June 2008. .
- 49.
See Annex XIII infra Part Four (Articles 182–188) TEC 2009.
- 50.
Communication from the Commission: The status of OCTs associated with the EC and options for “OCT 2000”, COM (1999) 163 final, 20 May 1999.
- 51.
Supra, footnote 3.
- 52.
Joined Cases C-100/89 and 101/89 Peter Kaefer and Andréa Procacci v. French State Kaefer & Procacci, supra footnote 23.
- 53.
Case C-300/04 M.G. Eman and O.B. Sevinger v. College van burgemeester en wethouders van Den Haag [2006] ECR I-8055.
- 54.
For example, see Ziller 2006.
- 55.
Joined Cases T-480/93 and T-483/93 Antillean Rice Mills NV, Trading & Shipping Co. Ter Beek BV, European Rice Brokers AVV, Alesie Curaçao NV and Guyana Investments AVV v. Commission [1995] ECR II-2305.
- 56.
Council Decision 2007/249/EC 19 March 2007 amending Decision 2001/822/EC on the association of the overseas countries and territories with the European Community, supra footnote 3.
References
Dewost J L (1979) L’Application Territoriale du Droit Communautaire: disparition et resurgence de la notion de frontière, Société Franςaise pour le Droit International, Colloque de Poitiers
Megret J (1987) Le Droit de la Communauté Economique Européene, Editions de L’Université de Bruxelles, 1987, page 484
Ziller J (2006) Article 299 on Extension of TEC, Hans Smit, Peter Herzog, Christian Campbell & Gudrun Zagel (eds.), Smit & Herzog on the Law of the European Union Vol. 4, Lexis-Nexis
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Murray, F. (2012). Article 299(3): Overseas Countries and Territories. In: The European Union and Member State Territories: A New Legal Framework Under the EU Treaties. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-826-2_10
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