TNAG-2367-FCO40-3440-British-Dependent-Territories-(British-Overseas-Territories)-1991 — Page 127

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18 February 1991

Mr McLaren

Mr Beamish

Mr Greenstock Mr Anderson

Mr Burns

Mr Jones Parry, ECD (E)

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Mr Eaton, UKREP BRUSSELS

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THE 19/

DEPENDENT TERRITORIES AND THE EUROPEAN COMMUNITY

1.

At the PUS's morning meeting recently, Mr Anderson mentioned a recent ruling by the European Court of Justice which may affect the relationship between Community law and the law in certain Dependent Territories. The PUS may like to know the background.

2.

Part IV of the EEC Treaty provides for the "association" with the Community of non-European territories which have special relations with member states. Effectively this means the Dependent Territories of member states essentially ours and those of the French. In our case, it covers all Dependent Territories with the exception of Hong Kong and Gibraltar. "Association" mainly covers aid and trade, the precise details of which are laid down in a quinquennial Council Decision, drafted in parallel to the Lomé Convention, aimed at ensuring that the Dependent Territories maintain their advantage over the independent countries of Africa, the Caribbean and Pacific.

3. The ECJ recently gave judgment in a case concerning the right to enter and reside in a French overseas territory under the provisions of the Treaty and the last Council Decision. The judgment is significant because:

(i)

(ii)

the ECJ held that a court in an overseas territory is able to make references to the ECJ; and

the Court also held that, in certain circumstances, provisions of the EEC Treaty and the Council Decision may apply directly in the Dependent Territories, and in such cases could be relied upon by individuals in legal proceedings.

MJ1ARS

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