Address https://gelex.eu/eli/EU/decision/2010/718@2010-10-29/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
   3. Article 3

THE EUROPEAN COUNCIL,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 355(6) thereof,

Having regard to the initiative of the French Republic,

Having regard to the opinion of the European Commission,

Whereas:

(1) Article 355 of the Treaty on the Functioning of the European Union (TFEU) allows the European Council, on the initiative of the Member State concerned and acting unanimously after consulting the Commission, to adopt a decision amending the status, with regard to the Union, of a Danish, French or Netherlands country or territory referred to in paragraphs 1 and 2 of Article 355.

(2) In a letter from the French President dated 30 June 2010, the French Republic (hereinafter France) asked the European Council to take such a decision as regards the island of Saint-Barthélemy which is referred to in Article 355(1) of the TFEU. France has requested that the status of this island should change from that of outermost region, covered by Article 349 of the TFEU, to that of overseas country or territory, covered by Part Four of the TFEU.

(3) France’s request reflects the desire expressed by the elected representatives of the island of Saint-Barthélemy, which is a French overseas collectivity, governed by Article 74 of the French Constitution, with autonomy, to obtain a status with regard to the Union which would be better suited to its status under national law, particularly given its remoteness from the mainland, its small insular economy largely devoted to tourism and subject to difficulties in obtaining supplies which hamper the application of some Union standards.

(4) France has undertaken to conclude the agreements necessary to ensure that the interests of the Union are preserved when this change takes place. These agreements should relate firstly to monetary matters, as France intends to retain the euro as the sole currency on Saint-Barthélemy and it must be ensured that the application of the law of the Union in the essential fields of the good functioning of economic and monetary union is maintained. Secondly, such agreements should relate to taxation and aim to guarantee that the mechanisms of Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation and taxation of insurance premiums and Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments, which aim in particular at combating fraud and cross-border tax evasion, will continue to apply in future to the territory of Saint-Barthélemy. The citizens of Saint-Barthélemy should remain citizens of the Union and should enjoy the same rights and freedoms within the Union as other French citizens, just as all citizens of the Union should continue to benefit from the same rights and freedoms in Saint-Barthélemy as they do now.

(5) As a result, the change in the status with regard to the Union, of the island of Saint-Barthélemy, in response to the democratically expressed request of its elected representatives, should not jeopardise the Union’s interests and should be consistent with the access of the island to autonomous status under national law,

HAS ADOPTED THIS DECISION:

Article 1

With effect from 1 January 2012, the island of Saint-Barthélemy shall cease to be an outermost region of the Union and shall have the status of overseas country or territory referred to in Part Four of the Treaty on the Functioning of the European Union (TFEU).

Article 2

The TFEU shall consequently be amended as follows:

1. in the first paragraph of Article 349, the words Saint-Barthélemy shall be deleted;

2. in Article 355(1), the words Saint-Barthélemy shall be deleted;

3. in Annex II, an indent shall be inserted, between that relating to Saint Pierre and Miquelon and that relating to Aruba, which shall read as follows:

— Saint-Barthélemy,.

Article 3

This Decision shall enter into force on the date of its adoption. It shall apply from 1 January 2012.

Done at Brussels, 29 October 2010. For the European Council The President H. van Rompuy

Versions

1. 2010-10-29

Cited by

• Council Decision No 528/2012/EU of 24 September 2012 amending Decision 2001/822/EC on the association of the overseas countries and territories with the European Community (the Overseas Association Decision) Act · Grade B

  European Council Decision 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy amends the Treaty, and in particular Annex II thereto, by including the island of Saint-Barthélemy in the list of overseas countries and territories to which the fourth part of the Treaty applies.

• Council Decision No 528/2012/EU of 24 September 2012 amending Decision 2001/822/EC on the association of the overseas countries and territories with the European Community (the Overseas Association Decision) Act · Grade B

  Decision 2010/718/EU has applied since 1 January 2012. It is therefore appropriate to apply as from 1 January 2012 the measures set out in Decision 2001/822/EC to the island of Saint-Barthélemy that are favourable to the OCTs and that do not involve obligations for them, apart from those relating to development cooperation financing. In this respect, France has undertaken not to apply for European Development Fund intervention for the island of Saint-Barthélemy under the programming for 2007-2013,

• Council Decision of 12 July 2011 on the signing and conclusion of the Monetary Agreement between the European Union and the French Republic on keeping the euro in Saint-Barthélemy following the amendment of its status with regard to the European Union (2011/433/EU) Decision · Grade B

  By European Council Decision 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy, the island of Saint-Barthélemy is to cease to be an outermost region of the Union with effect from 1 January 2012 and is to have the status of an overseas country or territory, as referred to in Part Four of the Treaty, as from that date. The French Republic has undertaken to conclude the agreements necessary to ensure that the interests of the Union are preserved when this amendment takes place.

• Council Decision of 12 July 2011 on the signing and conclusion of the Monetary Agreement between the European Union and the French Republic on keeping the euro in Saint-Barthélemy following the amendment of its status with regard to the European Union (2011/433/EU) Decision · Grade B

  Saint-Barthélemy is an integral part of the French Republic but will no longer be part of the European Union as from 1 January 2012, in accordance with European Council Decision 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy;

• Council Decision of 15 November 2013 on the signing, on behalf of the European Union, of the Agreement between the European Union and the French Republic concerning the application to the collectivity of Saint-Barthélemy of Union legislation on the taxation of savings and administrative cooperation in the field of taxation (2013/671/EU) Decision · Grade B

  In accordance with the provisions of European Council Decision 2010/718/EU, the island of Saint-Barthélemy ceased to be an outermost region of the European Union with effect from 1 January 2012 and gained the status of overseas country or territory referred to in Part Four of the Treaty on the Functioning of the European Union (TFEU). The French Republic had undertaken to conclude the agreements necessary to ensure that the interests of the Union were preserved when the change took place, to ensure, inter alia, that the mechanisms of Council Directive 2011/16/EU and of Council Directive 2003/4

• Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (Text with EEA relevance) Regulation · Grade B

  outermost regions means regions as defined in Article 349 of the Treaty. In accordance with European Council Decision 2010/718/EU, from 1 January 2012, Saint-Barthélemy ceased to be an outermost region. In accordance with European Council Decision 2012/419/EU on 1 January 2014, Mayotte became an outermost region;

• Wednesday 18 April 2012The role of cohesion policy in the outermost regions of the European Union in the context of EU 2020 P7_TA(2012)0125 European Parliament resolution of 18 April 2012 on the role of Cohesion Policy in the outermost regions of the European Union in the context of EU 2020 (2011/2195(INI)) 2013/C 258 E/01 Notice · Grade B

  having regard to the Commission’s communication to the European Council of 18 October 2010 entitled Commission opinion pursuant to Article 355(6) of the Treaty on the Functioning of the European Union on the initiative of the French Government to amend the status of Saint-Barthélemy with regard to the Union (COM(2010)0559), and to Decision 2010/718/EU of 29 October 2010 of the European Council amending the status with regard to the European Union of the island of Saint-Barthélemy,

• Communication from the Commission Guidelines for the examination of State aid to the fishery and aquaculture sector 2015/C 217/01 Notice · Grade B

  outermost regions means the regions referred to in Article 349 of the Treaty. Under European Council Decision 2010/718/EU, Saint-Barthélemy ceased to be an outermost region from 1 January 2012 on. Under European Council Decision 2012/419/EU, Mayotte became an outermost region on 1 January 2014;