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Originally Posted by thenoflyzone
Saint Pierre and Miquelon is also a french overseas collectivity. They have no bilateral air agreement with Canada, and yet Air Saint Pierre carries passengers between FSP and YUL/YHZ, etc. How could they if they are not part of the EU bilateral and they have no bilateral of their own with Canada?
French Saint Martin is also a French collective, yet is a part of the EU. (The link you provided says so). So there seems to be exceptions to the rule that French collectivities arent a part of the EU.
In the Canada-EU air agreement, Article 1 mentions that all land areas (mainland and islands) of the countries involved are covered by the agreement. Nowhere is there mention of French overseas department or collectivity. They just use the word "islands".
All of these points make me 99.9% sure that French Polynesia and Saint Pierre et Miquelon are covered under the Canada-EU bilateral air agreement.
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Official Departments are all members of the EU's Outermost Regions, which:
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Despite the thousands of kilometres separating them from the European continent, these regions are an integral part of the EU. Therefore, EU law and all the rights and duties associated with EU membership apply to the outermost regions.
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Source:
https://ec.europa.eu/regional_policy/en/...%20counts,the%20Canary%20Islands%20(Spin).
French Polynesia is considered EU Overseas Countries and Territories (OCT) and per the European Union do not form part of the the EU Territory:
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They play an important role as outposts of the EU in the areas where they are located, but do not, however, form part of the EU territory nor of the EU single market.
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Source:
https://ec.europa.eu/international-partnerships/where-we-work/overseas-countries-and-territories_en
I'll point out again that
Aruba of the Netherlands, which is an OCT, has a separate air service bilateral with Canada.
Now, with regards to Saint Pierre and Miquelon, I believe you may be correct that the Canada-EU bilateral applies here because I don't have evidence that it does not otherwise apply. However, there is some history behind Saint Pierre and Miquelon with the then EEC as this was the only territory status unilaterally changed by the Member State (France) per
No. 400/76. Given that the Treaty of Lisbon, which is the architecture of the formation of the European Union, is based on previous treaties including the Treaty of Rome, I'm not exactly sure if and how the Saint Pierre and Miquelon precedent applies or doesn't apply today. But there has been debate (see works by Ziller). While not an official source,
Armand de Mestral of McGill wrote an article on the Canada-EU bilateral which states Air Saint Pierre as a designated foreign airline under France (I can't find the primary source for this). Note that Air Tahiti Nui is not listed.
Air Tahiti Nui in 2018 applied for additional bilateral rights to codeshare. The application states that:
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Air Tahiti Nui is licensed to operate, through code sharing, a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the French Republic, signed on June 15, 1976, as amended (Agreement).
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Source:
https://www.otc-cta.gc.ca/node/567858
This directly suggests that French Polynesia is not covered under the Canada-EU bilateral but rather by the agreement between France and Canada signed 1976, the status of which is still "in force" by the Government of Canada. Details of the agreement are stated here:
https://www.treaty-accord.gc.ca/text-texte.aspx?id=100052
Also, Air France
successfully applied to operate "Route 3" between Papeete and Vancouver (per the original 1976 agreement) which provides another evidence suggesting that the Canada-EU bilateral does not extend to all French overseas territories beyond what is recognized as part of the EU.
It seems that should Air Tahiti Nui be permitted to carry passengers both between PPT-CDG, PPT-YVR, and YVR-CDG, additional bilaterals will need to be applied for.
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