Overseas territories affiliated with euro area countries
Should countries and territories listed in Annex II of the Treaty on the Functioning of the European Union (TFEU) be considered as reporting Member States pursuant to the AnaCredit Regulation? Furthermore, how should countries and territories that are not listed in Annex II be treated if they have a specific constitutional relationship with reporting Member States, such as France, Finland, Spain and Germany?
Annex II of the Treaty on the Functioning of the European Union (TFEU) contains a list of overseas countries and territories to which the provisions of Part Four of TFEU apply. These countries and territories are: Greenland; New Caledonia and Dependencies; French Polynesia; the French Southern and Antarctic Territories; the Wallis and Futuna Islands; Mayotte; Saint Pierre and Miquelon; Aruba; the Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); Anguilla; the Cayman Islands; the Falkland Islands; South Georgia and the South Sandwich Islands; Montserrat; Pitcairn; Saint Helena and Dependencies; the British Antarctic Territory; the British Indian Ocean Territory; the Turks and Caicos Islands; the British Virgin Islands; and Bermuda (hereafter the “countries and territories of TFEU Annex II”).
Countries and territories of TFEU Annex II are not Member States. TFEU defines them as countries and territories that may enter in an association with Member States. Therefore, countries and territories of TFEU Annex II are not considered as reporting Member States. The AnaCredit Regulation therefore does not apply in countries and territories of TFEU Annex II, with the exception of Saint Pierre and Miquelon, and Saint-Barthélemy, which are considered part of France. In these two cases, the AnaCredit Regulation applies and credit institutions or foreign branches that are resident in these two territories report data to the Banque de France.
The following countries and territories are not listed in TFEU Annex II but have a specific constitutional relationship with a Member State and are therefore considered part of the relevant reporting Member State:
- Guadeloupe, French Guiana, Martinique, Mayotte, la Réunion and Saint Martin (in relation to France)
- the Åland Islands (in relation to Finland)
- the Canary Islands (in relation to Spain)
- the island of Heligoland and the territory of Büsingen (in relation to Germany).
The Principality of Monaco is an autonomous state and is not part of France. However, entities resident in Monaco are required to report data to the Banque de France pursuant to an agreement between the Principality of Monaco and the European Union of 29 November 2011.
Furthermore, in the case of counterparties resident in a country or territory with an existing ISO 3166-1 code (including the countries and territories of TFEU Annex II) the specific two-letter code of the country (territory) is reported to AnaCredit. This also applies in cases where the country is a subdivision of another country.
It should be noted that the same coverage applies as for the reporting of MFI balance sheet statistics or balance of payments statistics.