[7][8] Some EU law originates from various international bodies on which non-EU EEA countries have a seat. These rules aim to enable free movement of persons, goods, services, and capital within the European Si… Although the UK has not been a party to the European Economic Area (EEA… It would shift the balance, which is not necessarily in Norway's interests". [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]. In the first meeting since the Brexit vote, EFTA reacted by stating that it was open to the prospect of the UK rejoining the association, but that the UK has many issues to work through. [3], Following the completion of its withdrawal from the EU, the UK could have sought to continue to be a member of the EEA through mechanisms available to members of the European Free Trade Association (EFTA). The Separation Agreement mirrors the relevant parts of the EU–UK Withdrawal Agreement. United Kingdom of Great Britain and Northern Ireland (including Gibraltar, excluding the Channel Islands, BNO passport holders and Isle of Man) From 31 January 2020 the UK is no longer an EU/EEA member state. But there is a 'transition period' or 'implementation period' until 31 December 2020. 2.5 million people could be caught out by Brexit passport rules. 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. Neither the EU, nor its current 28 member States, are members of EFTA. The European Free Trade Association FAQs on Brexit make a number of statements clarifying the UK’s position as regards EEA membership. The president of Switzerland Johann Schneider-Ammann stated that the UK's return would strengthen the association. General Explanation UK intermediaries It would be prudent for intermediaries to check whether their regulatory permissions allow them to place any given risk. Karen Hennessy and Richard Smith from our Employments & Benefits team, with Vincent Chung from Dixcart Legal talk about some of the changes to the immigration systems in the UK and Ireland after the transition period, post- 31 December 2020, when the UK will no longer be subject to EU law, particularly for European Economic Area citizens and people from countries outside the EEA. For the EEA: Article 217 of the Treaty on the Functioning of the European Union (Association Agreements). UK Politics. The EEA has been formed as a response to equestrian employers contacting the British Grooms Association for support for their employment of grooms and running of their business. Under the present wording of the EEA Agreement, many have interpreted that it is impossible to be a party to the EEA Agreement without being a member of the EU or EFTA. The EU is also required to conduct extensive consultations with EEA EFTA members beforehand via its many committees and cooperative bodies. 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. It might be the case that following the end of the transition period, a UK intermediary is no longer permitted to perform distribution activities in respect of risks located in an EEA […] All Rights Reserved. Article 126 of the EEA Agreement provides that the EEA Agreement shall apply to the territories establishing the European Economic Community (now the EU) and to Iceland, Liechtenstein and Norway. [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]. Overview. The EEA EFTA States have agreed to treat the UK as an EU Member State during this period. 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. This rule has changed as they have since become full members of the EEA. Norway's Centre Party has called the UK's trade deal with the European Union "a better agreement" than the one Norway has as a member of the European Economic Area. 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. Liechtenstein. the Scottish Government has looked into methods of retaining access to or membership of the EEA. Accordingly, the rights and obligations contained in the EEA Agreement continue to apply between the UK and the EEA EFTA States until 31 December 2020. PENSION assets held by UK expats may continue to be impacted by Brexit in the coming months, even with a deal agreed. The UK no longer has access to … 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. 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. The EEA EFTA States and the UK signed a Separation Agreement on the 28 January 2020. The UK government amended their EEA regulations to define an EEA as a ‘national of an EEA state who is not also a British citizen’. 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). The EEA includes EU countries and also Iceland, Liechtenstein and Norway. At 11 pm on 31 January 2020, the UK is expected to cease to be part of the EU (or the EEA) – although the transition period means that, for most purposes, the UK will continue to be subject to EU law until 31 December 2020. 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). In light of the UK leaving the EU at the end of 2020, we continue to review the services we offer to customers within the European Economic Area (EEA). [4], The United Kingdom was a member of the European Economic Area as a member of the European Union. After the transition period has ended, the UK will be a third country in terms of the EEA Agreement. 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. But it is yet to reach an equivalent with Iceland and Norway. The EFTA members of the EEA and the UK signed a Separation Agreement on 28 January 2020. 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]. 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. Further information on the Separation Agreement can be found on the Department for Exiting the EU website. [14], Given Scotland's vote in the 2016 referendum to remain in the EU, contrasted with that of the UK as a whole, Home News. The UK also has to roll over trade agreements with EEA members. All EEA and Swiss nationals can enter and live in the UK without needing to apply for permission. According to recent analysis, … The BGA was formed in 2007 by a group of ex grooms who recognised the need for a professional association to offer support, advice and education to all of those that work in our industry. It allows them to be part of the EU ’s single market. Previously nationals from of Bulgaria or Romania needed to apply for permission to start work in the UK. You will also find other legal documents, such as all adopted Joint Committee Decisions and the EEA status of EU legal acts. The UK cannot unilaterally provide for free flow of personal data from the EEA into the UK so these are the data flows most at risk. The EEA Agreement only applies to EU Member States, in addition to Iceland, Liechtenstein and Norway. Article 126 of the Withdrawal Agreement between the EU and the UK provides for a transition period until 31 December 2020. Accordingly, the rights and obligations contained in the EEA Agreement continue to apply between the UK and the EEA EFTA States until 31 December 2020. The Separation Agreement mirrors the relevant parts of the EU-UK Withdrawal Agreement and secures the rights of EEA EFTA and UK citizens that are already residing or working in the EEA EFTA States or the UK, respectively. Under the EEA Agreement, the UK would not necessarily be subject to European Court of Justice rulings but possibly also the EFTA Court, which resolves disputes under the EEA Agreement regarding EFTA Member States. 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. Only EU or EFTA members can currently become members of the EEA, meaning if Britain wants to secure full access to the single … Here you can find the main text of the Agreement on the European Economic Area (EEA), as well as updated versions of all Annexes and Protocols. Membership of United Kingdom in 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? The European Economic Area (EEA) Agreement is an agreement made in 1992 that brings together the European Union (EU). UK organisations can currently transfer personal data freely between the UK and the European Economic Area (EEA) under the provisions of the EU-UK Withdrawal Agreement. European Economic Area EEA - Information about EEA Countries As a ring-fenced bank, Barclays UK products are designed for customers within the UK. It has already reached a continuity trade agreement with Liechtenstein, via its agreement with Switzerland (part of EFTA but not the EEA). Nevertheless, during the transition period the UK will continue to be treated as an EEA State (see below). This was following a case heard at the Court of Justice of the European Union (CJEU) which stated that in order for an EU national to benefit from EU law, they had to exercise their right to reside in another EEA state of which they are not a citizen. The EEA EFTA States have agreed to treat the UK as an EU Member State during this period. ", "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 United Kingdom (UK) ceased to be a Contracting Party to the EEA Agreement after its withdrawal from the EU on 31 January 2020. Withdrawal of the United Kingdom from the European Union. The EEA links the EU member states and three EFTA states (Iceland, Liechtenstein, and Norway) into an internal market governed by the same basic rules. Were the UK to join the EEA as an EFTA member, it would sign up to existing EU internal market legislation that is part of the EEA Agreement. 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). 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. Will the UK leave the EEA after Brexit? 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. Countries that belong to the EEA include Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden. 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. The European Economic Area (EEA) 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 B… [1] During the transition period, which ended on 31 December 2020,[2] the UK and EU negotiated their future relationship. As of 23:00 GMT on 31 January 2020, the UK is no longer a member of the European Union. Norton Rose Fulbright’s Financial services: Norton Rose Fulbright, LLP © 2021. 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. However, a Swiss national has the same rights of residence as an EU/EEA citizen. In addition to provisions on citizen rights, the Separation Agreement covers other separation issues – such as goods placed on the market before the end of the transition period, intellectual property rights, ongoing police and judicial cooperation, judicial procedures, data protection, and public procurement – and institutional provisions. The UK ceased to be a Contracting Party to the EEA Agreement after its withdrawal from the EU on 31 January 2020. [13] However, in August 2016 the Norwegian Government expressed reservations. The European Economic Area (EEA) was established via the Agreement on the European Economic Area, an international agreement which enables the extension of the European Union's single market to member states of the European Free Trade Association. Prima facie, the UK's departure from the EU will not undo that. The EEA is composed of all EU members states as well as the following: Iceland. EEA. Home News. ... UK and Norway agree deal to protect citizens' rights in no-deal Brexit. As the EEA Agreement does not establish a common commercial or a trade policy, this means that the trade relationship between the EEA EFTA States and the UK after the transition period will have to be agreed in negotiations between the EEA EFTA States and the UK. [17] The Court also resolves disputes between EEA persons and the EFTA Surveillance Authority. EU policy, regulatory and legislative updates, EBA publishes final draft technical standards to identify investment firms’ risk takers and to specify the instruments used for the purposes of variable remuneration, European Commission consults on EMIR equivalence decisions, Commission consults on the establishment of a European single access point for financial and non-financial information publicly disclosed by companies, ESMA updates guidelines on written agreements between CCP college members, FCA consults on restricting CMC charges for financial services and products claims. The UK would withdraw from the EU and join the European Free Trade Association (EFTA). Norway. 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 … Membership of the EEA is a consequence of membership of the European Union (EU). Switzerland is not part of the EEA, but has an agreement that extends the single market to include it. Those relying on such transfers will need to enter into one of the approved data transfer mechanisms in the absence of an adequacy decision. However, from 31 December 2020, the UK will become a “third country” and two sets of rules will begin to apply; the UK transfer rules and the EU transfer rules (applicable to data from the EU and EEA). EEA to UK data transfers. After the transition period has ended, the UK will be a third country in terms of the EEA Agreement. It defines the relationship between the United Kingdom and the EFTA during the transition period. The United Kingdom has also confirmed that it has, on a transitional basis, deemed EEA Member States and those other countries which, as at 31 December 2020, were covered by a European Commission 'adequacy decision', to be adequate to allow for data flows from the UK without any additional safeguards being required. The UK is nearing the end of its Brexit transition period (the Transition Period), which expires Dec. 31, 2020. Nothing in the Agreement expressly deals with the consequences of an individual state withdrawing from the EU (or, indeed, from EFTA). During this period the UK is 'in' the EU single market and customs union. Home > United Kingdom > Is the UK still a member of the EEA? It follows from Article 129 of the Withdrawal Agreement that, during the transition period, the UK shall be bound by the obligations stemming from the international agreements concluded by the EU, including the EEA Agreement. This is not, however, explicitly stated in the EEA Agreement and will be a matter that will need to be decided through the legal process. The UK is a party to the EEA Agreement in its own right. The EEA extends the single market to all 31 member states and allows nationals of participating countries to travel freely between them. Membership of the EEA is a consequence of membership of the European Union (EU). The UK no longer registers EEA -qualified healthcare professionals for temporary and occasional (T&O) services. [10][11], A 2013 research paper presented to the Parliament of the United Kingdom proposed a number of alternatives to EU membership which would continue to allow it access to the EU's internal market, including continuing EEA membership as an EFTA member state, or the Swiss model of a number of bilateral treaties covering the provisions of the single market.[12]. Strengthen the Association, Liechtenstein and Norway on such transfers will need to into. 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