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31.7.2012 Official
Journal
of
the
European
Union L
204/131
DECISIONS
EUROPEAN COUNCIL DECISION
of 11 July 2012
amending the status of Mayotte with regard to the European Union
(2012/419/EU)
THE EUROPEAN COUNCIL,
(5) The
amendment
of
the
status
with
regard
to
the
European Union of Mayotte, in response to a demo
Having regard to the Treaty on the Functioning of the European
cratically expressed request, should represent a step
Union, and in particular Article 355(6) thereof,
consistent with Mayotte’s acquisition of a status close
to that of the mainland,
Having regard to the initiative of the French Republic,
HAS ADOPTED THIS DECISION:
Having regard to the opinion of the European Commission,
Article 1
Whereas:
With effect from 1 January 2014, Mayotte shall cease to be an
overseas country or territory, to which the provisions of Part
(1)
Article 355(6) of the Treaty on the Functioning of the
European Union (TFEU) allows the European Council, on
Four of the Treaty on the Functioning of the European Union
the initiative of the Member State concerned and acting
(TFEU) apply, and shall become an outermost region of the
unanimously after consulting the Commission, to adopt a
Union within the meaning of Article 349 TFEU.
decision amending the status, with regard to the Union,
of a Danish, French or Netherlands country or territory
Article 2
referred to in paragraphs 1 and 2 of Article 355.
The TFEU shall be amended as follows:
(2) In
a
letter
from
the
French
President
dated
26
October
2011, the French Republic (hereinafter ‘France’) asked the
(1) in the first paragraph of Article 349, the word ‘Mayotte’
European Council to take such a decision to enable
shall be inserted after the word ‘Martinique’;
Mayotte, which currently has the status of an overseas
country or territory within the meaning of Article 355(2)
(2) in Article 355(1), the word ‘Mayotte’ shall be inserted after
TFEU and is listed as such in Annex II to the Treaty, to
the word ‘Martinique’;
acquire the status of an outermost region within the
meaning of Article 349 TFEU.
(3) in Annex II, the sixth indent shall be deleted.
(3)
France’s request reflects the choice by the inhabitants of
Mayotte to draw progressively closer to mainland France,
Article 3
confirmed by the referendum of 29 March 2009 in
which 95,2 % of the votes cast were in favour of a
This Decision shall enter into force on the day of its adoption.
proposal to make Mayotte a department. Accordingly,
on 31 March 2011, Mayotte became the 101st French
It shall apply from 1 January 2014.
department and the fifth French overseas department.
(4) The
structural
social
and
economic
situation
and
the Done at Brussels, 11 July 2012.
geographical situation of Mayotte present all the char
acteristics, referred to in Article 349 TFEU, of an
outermost region within the meaning of that provision.
For the European Council
References to Mayotte should therefore be inserted into
Article 349, making the whole of that Article applicable
The President
to Mayotte, and into Article 355(1) TFEU.
H. VAN ROMPUY

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