Read more. Write an article and join a growing community of more than 119,900 academics and researchers from 3,852 institutions. If you are a citizen of one of the EEA countries, but not the UK, and you also have citizenship of another non-EEA country, you will be able to come to the UK under European law. They also set the date from which so-called ‘triangulation’ will apply to 1 January 2021. EEA family permit would still be applicable allowing applicants to come to the UK provided they meet the following conditions. For instance, one of our clients, Jean, … The legal framework, however, would change fundamentally. UK could not have customs duties with other EFTA states. The UK tries one more time and ups the offer a bit more. The UK, Norway, Iceland and Liechtenstein have today signed the EEA EFTA Separation Agreement. He is a practising barrister and represented Northern Ireland parties in the Agnew Brexit case before the Supreme Court. Theresa May, then Prime Minister of the United Kingdom, stated in 2017 that the British government would not seek permanent membership of the European Single Market. As Brexit negotiations get underway, it is becoming increasingly difficult to see how the UK can pursue its former “have your cake and eat it” strategy, particularly when it comes to a trade deal. [6], The EEA still applied to the UK during the Brexit transition period, based on Article 126 of the withdrawal agreement between the EU and the UK.[1]. If you are involved in Energy Efficiency your business can become a member of the Energy Efficiency Association. The obvious question for many is if the UK were to join the EEA, what exactly was the point of the referendum? Erna Solberg told the Financial Times in an interview that the Nordic country was prepared to see the UK join the EEA, conceding that the option was “on … The EEA is well established and the obligations and benefits are clear. The EEA Agreement . It is referred to as ‘Norway Plus’ because as well as joining EFTA, under this scenario, the UK would also seek to remain in the EU Customs Union. When the UK withdraws from the EU, the most likely legal position is that the UK will also fall out of the EEA and will therefore not be able to participate as an EEA member in the single market. The EEA aims to support sustainable development by helping to achieve significant and measurable improvement in Europe's environment, through the provision of timely, targeted, relevant and reliable … [4], The United Kingdom was a member of the European Economic Area as a member of the European Union. Here’s a prediction. EFTA membership does not entail EEA membership, but only EU and EFTA member states can currently be contracting parties to the EEA Agreement. Even with DUP support, May still only has a two-vote majority. Irish authorities have now published full details of the new pre-clearance scheme for non-EEA family members of UK … [15] However, other EFTA states have stated that only sovereign states are eligible for membership, so Scotland could only join if it became independent from the UK.[16]. The UK, Norway, Iceland and Liechtenstein have today signed the EEA EFTA Separation Agreement. the Scottish Government has looked into methods of retaining access to or membership of the EEA. Such clarity is not available under any other Brexit deal at the moment, at least until trade negotiations are complete, which may take a very long time. Only EU or EFTA members can currently become members of the EEA, meaning if Britain wants to secure full access to the single market after Brexit, joining EFTA is the logical route. The EEA agreement meets several of Theresa May’s apparent negotiating red lines – no part of the UK would remain in the EU; no part of the UK would be subject to ever-closer union; no part of the UK would be subject to the jurisdiction of the Court of Justice. Withdrawal of the United Kingdom from the European Union. By Laura Whitcombe 07:17 … Membership of the EEA is a consequence of membership of the European Union (EU). However, their non-European Economic Area (EEA) family members will require immigration permission to enter, reside and work. Non-EEA nationals need an entry visa or approval letter to join a UK national family member. Sweden, Austria, and Finland became members of the EU instead. It could then participate in the EEA agreement , a dynamic arrangement bringing together the EFTA member states with the EU in … Background. The EFTA Convention from January 1960 states that any country may join EFTA … This will ensure that the social security provisions of the Separation Agreement function correctly for those in ‘triangular situations’ across the EEA EFTA states, UK and the EU. The UK would withdraw from the EU and join the European Free Trade Association (EFTA). UK nationals can sponsor qualified non-EEA family members to live in Ireland. The EU-27 should hang tough and offer no concessions to the UK at the present time. Copyright © 2010–2021, The Conversation US, Inc. The EU-27’s position is that dealing with the Irish problem is one of three “divorce” issues on which substantial progress must be made before future relations between the UK and the EU can be addressed, including any free trade … The European Union (EU) and European Economic Area (EEA) - which countries are in the EU and EEA, the single market and free movement of goods, capital, services and people Countries inside the EU allow the free movement of goods, people, services and … Andie Sophia Fontaine. In its … Membership of the EEA addresses important aspects of this, allowing the EU-27 to move to the free trade agreement that is the UK’s real aim. He or she should not be the citizen of UK and from the other country. When the family member arrives, they will need to register under the EU Settlement Scheme within 3 months of their arrival. Professor of Human Rights and Equality Law, Queen's University Belfast. The UK ceased to be a Contracting Party to the EEA Agreement after its withdrawal from the EU on 31 January 2020, as it was a member of the EEA by virtue of its EU membership, but retained EEA rights during the Brexit transition period, based on Article 126 of the withdrawal agreement between the EU and the UK. So why has this idea suddenly become a more tempting? Published August 28, 2019. Switzerland set up several dialogues with the UK: (1) a so-called Continuity Dialogue which deals with horizontal issues and oversees progress in each area, and (2) Specific Dialogues in areas currently … Under this model, the UK would leave both the customs union and the single market. An EEA/EFTA Brexit model would actually solve Theresa May’s problems – here’s how. It could then participate in the EEA agreement, a dynamic arrangement bringing together the EFTA member states with the EU in a single market. This follows from the two-pillar structure and Article 126 of the EEA Agreement, which states that the EEA Agreement applies to the territory of the EU and the three EEA EFTA States. Membership of the EEA is a consequence of membership of the European Union (EU). The separation agreement is the Agreement on arrangements between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland following the withdrawal of the United Kingdom from the European Union, the EEA Agreement and other agreements applicable between the United Kingdom and the EEA EFTA States by virtue of the United Kingdom’s membership of the European Union.[18]. It will no longer be lawful to transfer personal data from the remaining EU Member States to the UK without additional legal protections (e.g., consent, or contractual safeguards). How we can still get free trade after Brexit, but Europe warns perks don't come for free . The UK and EEA EFTA States adopted rules of procedure for the Joint Committee. [13] However, in August 2016 the Norwegian Government expressed reservations. Now, the question is what about non-EEA family members who wish to come to the UK to join their family member who is an EEA national? It would be subject in all such trade agreement to regulatory compliance equivalence with the EEA standards if it wishes to have access to the single market. Included in these changes are provisions in Appendix EU which allow EEA or Swiss citizens resident in the UK prior to 31 December 2020 to be joined by their family members under … British membership of the European Economic Area, Proposed European Constitution referendum, Department for Exiting the European Union, United Kingdom opt-outs from EU legislation, Opinion polling on the United Kingdom's membership of the European Union, R (Miller) v Secretary of State for Exiting the European Union, Continuing United Kingdom relationship with the European Union, European Union (Future Relationship) Bill, Effect on Scotland's constitutional position, Trade deal negotiation between the UK and EU, EU-UK Trade and Cooperation Agreement (TCA), Proposed second Scottish independence referendum, Common Agriculture and Fisheries Policies, Police and Judicial Co-operation in Criminal Matters, "Frequently asked questions on EFTA, the EEA, EFTA membership and Brexit", "How will the Brexit transition period work? All account holders need to be living in the UK and every address we have for everyone on the accounts must be a UK address. The UK tries one more time and ups the offer a bit more. With the EEA, the economic situation and trading environment that EU membership has delivered would remain substantially unchanged, allowing much of the status quo regarding the EU single market to be maintained as far as the UK is concerned. EFTA states are not part of the EU Customs Union as outlined above. Not saying it will definitely happen this way but it’s a likely enough scenario. But even if that is not so legally, it may take a long time to persuade the other members of the EEA that the UK remains a participant, … Procedurally, in order to become a member of the EEA after « the (EU) Treaties shall cease to apply » to … Words by. The Separation Agreement mirrors the relevant parts of the EU–UK Withdrawal Agreement. It would offer valuable certainty and clarity about the future. The EU is also required to conduct extensive consultations with EEA EFTA members beforehand via its many committees and cooperative bodies. Questions have been raised as to whether a state that withdraws from the EU automatically withdraws from the EEA, or whether such a withdrawal requires notice under Article 127 of the EEA Agreement[5] – and, if the courts so decide, whether such notice given by the UK would require an Act of Parliament. I don’t have an EEA address, so this must be associated with one of the people on my joint accounts. The UK and EEA EFTA States adopted rules of procedure for the Joint Committee. Economically, none of the options facing the UK is preferable to staying in the EU. To join the EFTA, the UK will need to gain the approval of current members, i.e. They are from outside the EEA or … Will they still be able to apply for an EEA family permit? Non-EEA nationals need an entry visa or approval letter to join a UK national family member; UK nationals can sponsor qualified non-EEA family members to live in Ireland; The new rules apply to non-EEA family members moving to Ireland after December 31, 2020 ; Non-EEA family members must apply from outside Ireland using the online AVATS portal; Applicants must receive a Join … This agreement largely mirrors the Withdrawal Agreement negotiated with the EU. The answer is yes. [7][8] Some EU law originates from various international bodies on which non-EU EEA countries have a seat. Neither the EU, nor its current 28 member States, are members of EFTA. It also quashes … This is the arrangement that was originally established in 1994 to extend the single market to Austria, Finland, Iceland, Liechtenstein, Norway and Sweden. The EU would also not let Britain join the EEA without some reforms to the current agreement. The European Environment Agency (EEA) is an agency of the European Union, whose task is to provide sound, independent information on the environment. The person must be a closely related member of any other EEA person in the UK. Join The Energy Efficiency Association. Queen's University Belfast provides funding as a founding partner of The Conversation UK. The issue of the permits does not fall under the stricter United Kingdom (UK) immigration rules. The European Economic Area agreement of 1994 gives three countries, Norway, Iceland and Lichetenstein, access to the single market without them having to be a member of the EU. Norway has more clout than you know", "The Basic Features of the EEA Agreement", "Why a British referendum on EU membership will not solve the Europe question", "The Latest: Lithuania says UK must say if decision is final", "Norway may block UK return to European Free Trade Association | World news", "Sturgeon hints the Scottish Government could seek Norway-style EU relationship", "Iceland: Scotland could not start applying for EFTA until after independence", https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/844413/2019-11-04_Updated_UK-EEA_EFTA_Separation_Agreement_.docx, https://en.wikipedia.org/w/index.php?title=Membership_of_the_United_Kingdom_in_the_European_Economic_Area&oldid=1001215801, Creative Commons Attribution-ShareAlike License, This page was last edited on 18 January 2021, at 19:12. Decisions are taken by joint EEA bodies (the EEA Council, the EEA Joint Committee, the EEA Joint Parliamentary Committee and the EEA Consultative Committee). At a Glance UK citizens will have an unrestricted right to reside and work in Ireland after December 31, 2020. the UK's continuing EEA membership, that will not bring any benefits if the other members of the EEA refuse to accept that position. The person that he or she going to join must have the EEA settlement or settled status. The United Kingdom (UK) was a member of the European Economic Area (EEA) from 1 January 1994 to 31 December 2020, following the coming into force of the 1992 EEA Agreement (as adjusted by a 1993 protocol). What is the EEA and could Britain join it? Can I keep the accounts open? Norway's European affairs minister, Elisabeth Vik Aspaker, told the Aftenposten newspaper: "It's not certain that it would be a good idea to let a big country into this organisation. You must be able to abide by the professional standards expected of EEA members as outlined in our Code of Conduct. Which would require a massive change of harts for millions in the UK. Our joint Strategy indicates our direction of travel. [1] During the transition period, which ended on 31 December 2020,[2] the UK and EU negotiated their future relationship. Tweet. It’s very possible that the EU member states would be on board with this option – the arrangement has worked well with Norway. Non-EU countries are expected to adhere to EU laws covering the free movement of goods, services, persons and capital, but legal disputes go to the EFTA court, not the EU’s Court of Justice. Drop in UK payments to EU by at least 55% although this figure could be much higher if the UK decided not to opt into a number of EU projects that the Norwegians wanted to join. Changes to the internal market would be incorporated into the EEA Agreement subject to the consent of the UK at the EEA Joint Committee; once in the EEA Agreement, the UK would have to incorporate these into UK law. Norwegian PM dismisses calls for Britain to join the EEA as a 'holding position' if there is no Brexit deal - as May again rules out the option The Prime … If UK was to join EFTA, it could not readily enter its own trade agreements. Doubtful. To some it seems like the most sensible option, but it would antagonise the hard Brexiteers. As an EEA member, Britain would not have these safeguards. The answer is yes. The UK was a co-founder of EFTA in 1960, but ceased to be a member in 1973 upon joining the EC, which became the EU. Is the UK Going to Join the EEA as a post-Brexit Backstop? They are a family member of an EEA (excluding UK nationals) or Swiss national. The purpose of the family permit is to allow overseas nationals, from outside of the EEA (non-EEA nationals) to enter the UK and accompany or join their EEA family member. But after the general election, this “hard Brexit” now seems highly unlikely. The EEA Agreement (EU and EFTA members except Switzerland) does not cover Common Agriculture and Fisheries Policies, the EU Customs Union, the Common Trade Policy, the Common Foreign and Security Policy, direct and indirect taxation, and Police and Judicial Co-operation in Criminal Matters, leaving EFTA members free to set their own policies in these areas;[9] however, EEA countries are required to contribute to the EU Budget in exchange for access to the internal market. A veto from one country affects the other countries: letting the UK join Efta and the EEC agreement to veto parts of it could undermine the agreement for all of us. B. Drop in UK payments to EU by at least 55% although this figure could be much higher if the UK decided not to opt into a number of EU projects that the Norwegians wanted to join. If you're joining your EU, EEA or Swiss citizen family member You can apply to join your EU, EEA or Swiss family member if they started living in the UK by 31 December 2020. If the UK does not join the EEA, then the GDPR will no longer apply in the UK. Eligible EEA nationals with either the intention of, or currently living in the UK on a long-term basis may sponsor their non-EEA family member to accompany or join them in the UK. We reserve the right to refuse membership to anyone deemed to fall short of these standards As a matter of law, it would, of course, be possible for the UK remain a member of the EEA as a non-EU Member State by agreement. NORWAY’s Prime Minister has urged the UK to join the European Economic Area (EEA) after Brexit, claiming there are “cost and benefits” that will give Oslo and London “bargaining power”. In January 2017, Theresa May announced a 12-point plan of negotiating objectives and confirmed that the British government would not seek continued permanent membership in the European Single Market,[4] leaving open an option of retaining EEA membership for a-one year transition period after EU exit day (originally 29 March 2019, postponed to 12 April and then to 31 October, before finally occurring on 31 January 2020). Non-EEA family members who are outside the UK will be entitled to apply for a Family Permit which allows them to come to the UK to join their EEA family members who reside in the UK. Despite being administered by the Home Office, EEA family permits are issued under the Immigration (EEA) Regulations 2006 and not UK Immigration Rules. One alternative option is to secure continued participation in the European Economic Area (EEA). The UK would withdraw from the EU and join the European Free Trade Association (EFTA). EU–UK Trade and Cooperation Agreement; EEA Joint Committee; EU–Swiss Joint Committee; Withdrawal Agreement Joint Committee; EFTA Court; European Court of Justice; References External links. The UK Government, therefore, seems to be relying on this provision to argue that once the UK leaves the EU, the EEA Agreement will no longer apply in the UK. The UK quit EFTA in 1972 but has the option of rejoining the group and then becoming part of the EEA as an EFTA member. As a model, EEA/EFTA keeps the benefits of the single market, yet takes the UK out of the common agriculture and fisheries policies. One option open to Britain to keep free trade after Brexit would be to leave the EU but remain a member of the EEA. A hardline approach in Brussels is perhaps the only way now of bringing British public opinion to its senses. EEA country and a non-EEA country. ", "Frequently asked questions on EFTA, the EEA, EFTA membership and Brexit | European Free Trade Association", "Theresa May confirms Britain will leave Single Market as she sets out 12-point Brexit plan", "EFTA Bulletin Decision Shaping in the European Economic Area", "Fax democracy? The European Economic Area (EEA) family permit scheme can be used by non-EEA citizens to join EEA family members living in the UK. After Brexit, the UK, not being a member of EFTA, and not anymore an EU member, could not be an EEA member and could not be a candidate to become one. This agreement largely mirrors the Withdrawal Agreement negotiated with the EU. EEA membership would also address important aspects of one of the trickier dilemmas for the UK: how to deal with the Irish border after Brexit. 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