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United Kingdom membership of the European Economic Area

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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). Membership of the EEA is a consequence of membership of the European Union (EU). 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.[1] During the transition period, which ended on 31 December 2020,[2] the UK and EU negotiated their future relationship.

The EFTA members of the EEA and the UK signed a Separation Agreement on 28 January 2020. The Separation Agreement mirrors the relevant parts of the EU–UK Withdrawal Agreement.[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). 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.[4]

Withdrawal from the EEA

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The United Kingdom was a member of the European Economic Area as a member of the European Union. In January 2017, the then Prime Minister of the United Kingdom Theresa May confirmed in January 2017 that the government would not seek to participate in the European single market following the UK's withdrawal from the European Union, since that would require accepting free movement of people and the jurisdiction of the European Court of Justice.[4] The UK remained a member of the EEA until the end of the Brexit transition period on 31 December 2020.[1]

In addition to the withdrawal agreement which it signed with the EU, the UK signed separate withdrawal agreements with the three EEA member states which were not also EU members: Norway, Iceland, and Liechtenstein.[5]

Potential EEA participation through EFTA

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The UK was one of the founding members of the European Free Trade Association (EFTA) in 1960, but left in 1972 to join the European Economic Community, which later became the EU. If it were to rejoin EFTA, it would be given the option to apply to participate in the EEA under Article 128 of the EEA Agreement between EFTA and the EU.[6] This was one option presented to the Parliament of the United Kingdom in a 2013 research paper which discussed alternatives to the UK's membership in the EU that would allow it to continue participating in the European single market.[7] Participating in the EEA as a member of EFTA rather than the EU would mean that the UK would be exempt from certain EU agreements such as the Common Agricultural Policy and the EU Customs Union,[8] which it was subject to while it was a member of the EU.

In the first meeting of EFTA members following the UK's vote to withdraw from the EU, EFTA indicated that they were open to the prospect of the UK rejoining, with Swiss president Johann Schneider-Ammann stating that EFTA would be strengthened by the UK's return.[9] However, the Norwegian minister for European affairs expressed reservations, stating in an interview with Aftenposten that allowing country as large as the UK into EFTA would "shift the balance," and was not necessarily in Norway's interest.[10] The UK would require unanimous approval from EFTA's current members in order to join the association, potentially allowing Norway to veto its membership.[10]

Scottish membership of EFTA

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In contrast to England and Wales, Scotland voted to remain in the EU during the 2016 referendum. Following the referendum, the Scottish Government investigated the possibility of joining EFTA in order to retain Scotland's access to the EEA.[11] However, EFTA members have stated that membership is only open to sovereign nations, so Scotland would not be allowed to join unless it were to become independent from the UK.[12]

See also

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References

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  1. 1 2 "Frequently asked questions on EFTA, the EEA, EFTA membership and Brexit". EFTA. Retrieved 2 February 2020.
  2. ↑ Asa Bennett (27 January 2020). "How will the Brexit transition period work?". Telegraph.
  3. ↑ "Frequently asked questions on EFTA, the EEA, EFTA membership and Brexit | European Free Trade Association". www.efta.int. Retrieved 2020-02-01.
  4. 1 2 Wilkinson, Michael (17 January 2017). "Theresa May confirms Britain will leave Single Market as she sets out 12-point Brexit plan". The Daily Telegraph. Retrieved 18 January 2017.
  5. ↑ Department for Exiting the European Union (2018-12-20). "UK agreements with the EEA EFTA states and Switzerland". GOV.UK. Retrieved 2026-07-05.
  6. ↑ Agreement on the European Economic Area - Final Act - Joint Declarations - Declarations by the Governments of the Member States of the Community and the EFTA States - Arrangements - Agreed Minutes - Declarations by one or several of the Contracting Parties of the Agreement on the European Economic Area, vol. 001, 1993-12-13, retrieved 2026-07-05
  7. ↑ "Leaving the EU – RESEARCH PAPER 13/42". House of Commons Library. 2013-07-01. Retrieved 2015-05-19.
  8. ↑ "The Basic Features of the EEA Agreement". European Free Trade Association. Retrieved 8 August 2013.
  9. ↑ "The Latest: Lithuania says UK must say if decision is final". CNBC. 2016-06-27. Archived from the original on 2016-07-03. Retrieved 2016-09-18 – via Associated Press.
  10. 1 2 Patrick Wintour (2016-08-09). "Norway may block UK return to European Free Trade Association | World news". The Guardian. Retrieved 2016-08-17.
  11. ↑ "Sturgeon hints the Scottish Government could seek Norway-style EU relationship". 2016-11-17. Retrieved 2016-11-17.
  12. ↑ "Iceland: Scotland could not start applying for EFTA until after independence". The Daily Telegraph. 2017-03-16. Retrieved 2017-03-24.
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