The 32 territories that exist in a European legal twilight zone

The 32 territories that exist in a European legal twilight zone
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In short: They are part of Europe, yet often outside its borders. From the Caribbean to the Antarctic, these 32 special territories navigate a complex web of unique customs, varying currencies, and selective EU laws that define their very existence.

The European Economic Area (EEA) encompasses 32 special territories that occupy a unique legal middle ground. These territories, belonging to EU and EFTA member states, are categorized into three distinct groups. The first are the nine Outermost Regions (OMR), which are integral parts of the EU but benefit from specific derogations due to their extreme distance from mainland Europe. The second group consists of thirteen Overseas Countries and Territories (OCT), which are not part of the EU but maintain a cooperative relationship through the OCT Association (OCTA). Finally, ten territories exist under ad hoc arrangements, often exempt from specific customs or VAT rules.

The legal landscape is constantly shifting. For example, the status of Saint Barthélemy transitioned from an OMR to an OCT on 1 January 2012 to facilitate trade with partners like the United States. Conversely, Mayotte moved from OCT status to become an OMR on 1 January 2014. These shifts are often driven by the need to manage the 'structural social and economic situation' caused by remoteness, small size, and difficult topography. While the OMRs are part of the EU customs area, some remain outside the Schengen Area and the EU VAT Area.

Geography and population vary wildly across this mosaic. Greenland represents approximately 80 percent of the total land area of these territories, which spans about 2,733,792 square kilometers. In contrast, the island of Saba is a mere 13 square kilometers. While the Canary Islands are the most populous, accounting for over one-third of the total 6.1 million inhabitants, the French Southern and Antarctic Lands remains the only territory without a permanent population. This diversity is reflected in the currencies used, ranging from the euro in Martinique to the US dollar in Bonaire.

The complexity of these relationships is rooted in history. The Outermost Regions were formally recognized during the 1992 Maastricht Treaty and later confirmed by the 2007 Treaty of Lisbon. Meanwhile, the OCTs have a long-standing, evolving relationship with the European community, with the number of territories fluctuating from 15 in 1957 to 25 in 2007, before settling at the current 13 as of July 2014.

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