Article 2

1. This Directive and the Directives listed in Article 1 (2) shall apply in the territory of the Community as defined, for each Member State, by the Treaty establishing the European Economic Community, and in particular Article 227 thereof, except for the following national territories: in the case of the Federal Republic of Germany, the Island of Heligoland and the territory of Buesingen, in the case of the Italian Republic, Livigno, Campione d'Italia and the Italian waters of Lake Lugano, in the case of the Kingdom of Spain, Ceuta and Melilla. 2. Nothwithstanding paragraph 1, this Directive and the Directives referred to in Article 1 (2) shall not apply to the Canary Islands. However, the Kingdom of Spain may give notice, by means of a declaration, that these Directives apply to those territories in respect of all or some of the products referred to in Article 3 (1) below, as from the first day of the second month following deposit of that declaration. 3. By way of derogation from paragraph 1, neither this Directive nor those referred to in Article 1 (2) shall apply to the overseas departments of the French Republic. However, the French Republic may give notice, by means of a declaration, that these Directives apply to those territories - subject to measures to adjust to their extreme remoteness - from the first day of the second month following deposit of the declaration. 4. The Member States shall take the necessary measures to ensure that transactions originating in or intended for: the Principality of Monaco are treated as transactions originating in or intended for the French Republic, Jungholz and Mittelberg (Kleines Walsertal) are treated as transactions originating in or intended for the Federal Republic of Germany, the Isle of Man are treated as transactions originating in or intended for the United Kingdom of Great Britain and Northern Ireland, San Marino are treated as transactions originating in or intended for the Italian Republic. 5. The provisions of this Directive shall not prevent Greece from maintaining the specific status granted to Mount Athos as guaranteed by Article 105 of the Greek Constitution. 6. If the Commission considers that the exclusions provided for in paragraphs 1, 2, 3 and 4 are no longer justified, particularly in terms of fair competition, it shall submit appropriate proposals to the Council.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-31 · Text as adopted (Official Journal); later amendments are not incorporated in this text.