# United Kingdom membership of the European Economic Area

Part of a series of articles on :
UK membership of the European Union (1973–2020) :
Accession
Treaty of Accession 1972
1972 EC Act
1973 enlargement of the EC :
1975 referendum
Referendum Act (results) :
Treaty amendments Single European Act, 1986 (UK ratification) Maastricht Treaty, 1992 (UK ratification) Treaty of Amsterdam, 1997 (UK ratification) Treaty of Nice, 2001 (UK ratification) Treaty of Lisbon, 2007 (UK ratification)
Related:
2011 UK Act on new EU Treaty amendments
EU-related British Acts
Proposed European Constitution referendum
European Union Bill 2004–2005 :
MEPs for UK constituenciesMembers 1973–1979 (elected by parliament)Members 1979–1984 (1979 election)Members 1984–1989 (1984 election)Members 1989–1994 (1989 election)Members 1994–1999 (1994 election)Members 1999–2004 (1999 election)Members 2004–2009 (2004 election)Members 2009–2014 (2009 election)Members 2014–2019 (2014 election)Members 2019–2020 (2019 election)
Women :
Officials and bodies
House of Lords EU Committee
House of Commons EU Committee
Permanent EU Representatives for UK
Northern Ireland Executive in Brussels
EU Representative in London
UK European Commissioners
Department for Exiting the European Union :
Issues and events
Economy
The Euro
Black Wednesday
UK budget rebate
Nationality law
Euroscepticism in the UK
United Kingdom opt-outs from EU legislation
Maastricht Rebels
Balance of Competences Review :
Withdrawal
2015 UK general election
2015–2016 membership renegotiation
2016 EU membership referendum
Vote Leave
Britain Stronger in Europe
Notification of withdrawal
2017 UK general election
Brexit negotiations
Impact of Brexit
Future relationship
Withdrawal agreement
No-deal Brexit
Impact on Irish border
Northern Ireland Protocol
Parliamentary votes
Proposed second referendum
2019 UK general election :
EU portal
UK portal :
vte :
Part of a series of articles on :
Brexit :
Withdrawal of the United Kingdom from the European Union
Glossary of terms :
Background
European Communities Act
1975 EC membership referendum
UK rebate
Bruges speech
No. No. No.
Maastricht Rebels
Black Wednesday
European Union (Amendment) Act 2008
European Union Act 2011
UK opt-outs from EU legislation
Euroscepticism in the UK
UK opinion polling on EU membership
Campaigns for a referendum
People's Pledge
Labour for a Referendum
Bloomberg speech
In or Out
2013–14 EU (Referendum) Bill (unsuccessful)
2014 European Parliament election
2014 UK Parliament by-elections
Clacton
Heywood and Middleton
Rochester and Strood
2015 UK general election
2015–16 EU membership renegotiation :
2016 EU referendum
EU Referendum Act (Gibraltar)
EU Referendum (Date of Referendum etc.) Regulations
EU Referendum (Conduct) Regulations
Issues
Endorsements
Opinion polling
UK Government pro-EU leaflet
Campaigns
Leave campaigns
Vote Leave (official)
Business for Britain
Conservatives for Britain
BeLeave
Leave.EU
Bpoplive
The Freedom Association
Better Off Out
Grassroots Out
Labour Leave
Get Britain Out
Bruges Group
Campaign for an Independent Britain
Brexit: The Movie
Remain campaigns
Britain Stronger in Europe (official)
Labour In for Britain
European Movement UK
Britain in Europe
British Influence
Business for New Europe
Nucleus
Project Fear
Outcome
Results
Causes for result
International reactions
Immediate aftermath
2016 Conservative Party election
2016 Labour Party election
2016 UKIP election
Department for Exiting the EU
Department for International Trade
Allegations of unlawful campaigning
Alleged Russian interference :
Notice of withdrawal
Article 50 process
Miller case (Article 50)
EU (Notification of Withdrawal) Act 2017
Brexit plan
Repeal Bill plan
2017 UK general election :
Negotiations
Negotiation positions
EU negotiation mandate
Chequers agreement
Timeline: 2017, 2018, 2019
2019 European Parliament election
2019 UK general election :
Withdrawal agreement
Brexit divorce bill
Fish for finance
Irish backstop
No-deal Brexit
Northern Ireland Protocol
Northern Ireland Protocol Bill
Windsor Framework :
Legislation
Withdrawal Act 2018 (Gibraltar)
Nuclear Safeguards Act 2018
Cooper–Letwin Act
Benn Act
2019 suspension of rebel Conservative MPs
Public Vote Bill (not passed)
Terms of Withdrawal Bills (not passed)
Scottish EU Continuity Bill (blocked)
Withdrawal Agreement Act (Gibraltar)
Scottish EU Continuity Act
Internal Market Act
EU (Future Relationship) Act
Retained EU Law (Revocation and Reform) Bill :
Impact
Impact on the Irish border
Good Friday Agreement
Impact on the EU
Economic effects
Effects on Gibraltar
Scientific cooperation
Retained EU law
2021 Jersey dispute :
EU–UK relations
Relations pre- and post-Brexit
EU–UK trade negotiation
EU–UK Trade and Cooperation Agreement (TCA)
Partnership Council
Partnership Assembly
Relations with EU member states
Austria
Belgium
Bulgaria
Croatia
Cyprus
Akrotiri and Dhekelia
Czech Republic
Denmark
Estonia
France
Germany
Greece
Hungary
Ireland
Ireland–UK border
British–Irish Council
North/South Ministerial Council
Italy
Lithuania
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Spain
Status of Gibraltar
Gibraltar–Spain border
Sweden
Conjectured EEA membership :
Opposition
Post-referendum opinion polling
New initiatives
Change Britain
More United
Open Britain
The New European
Unite to Remain
Led By Donkeys
Revoke Article 50 petition
Postcards from the 48%
Proposed second Scottish independence referendum
Calls for a second referendum
People's Vote
Britain for Europe
European Movement UK
For our Future's Sake
Healthier IN the EU
InFacts
Open Britain
Our Future Our Choice
Scientists for EU
Other organisations
Best for Britain
Bollocks to Brexit
Change UK
Liberal Democrats
Right to Vote :
Timeline Bloomberg speech Jan 2013 Referendum Bill blockedJan 2014 European Parliament election May 2014 2015 general election May 2015 Renegotiation begins Jun 2015 Referendum Act passed Dec 2015 Renegotiation concluded Feb 2016 Referendum held Jun 2016 David Cameron resigns as PM Jul 2016 Theresa May becomes PM Jul 2016 Article 50 judgement Jan 2017 Brexit plan presentedFeb 2017 Notification Act passed Mar 2017 Article 50 invoked Mar 2017 Repeal Bill plan presentedMar 2017 2017 general election Jun 2017 Brexit negotiations begin Jun 2017 Withdrawal Act passedJun 2018 Chequers plan presented Jul 2018 Withdrawal agreement plan presented July 2018 Withdrawal agreement released Nov 2018 Scottish Continuity Bill blockedDec 2018 Meaningful votes Jan–Mar 2019 Brexit delayed until 12 April Mar 2019 Cooper–Letwin Act passed Apr 2019 Brexit delayed until 31 October Apr 2019 European Parliament election May 2019 Theresa May resigns as PM Jul 2019 Boris Johnson becomes PM Jul 2019 Prorogation and annulment Aug–Sep 2019 Benn Act passed Sep 2019 Withdrawal agreement revised Oct 2019 Brexit delayed until 31 January Oct 2019 2019 general election Dec 2019 Agreement Act passed Jan 2020 UK leaves the European Union Jan 2020 Implementation period begins Jan 2020 UK–EU trade deal agreed Dec 2020 Future Relationship Act passed Dec 2020 Scottish Continuity Act passed Dec 2020 Implementation period ends Dec 2020 New EU–UK relationship begins Jan 2021 UK–EU trade deal ratified Apr 2021 Windsor Framework released Feb 2023 Windsor framework adopted Mar 2023 :
EU portal
UK portal :
vte :
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. During the transition period, which ended on 31 December 2020, 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.
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.

## Current status

The United Kingdom was a member of the European Economic Area as a member of the European Union. 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 – and, if the courts so decide, whether such notice given by the UK would require an Act of Parliament.
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.

## EFTA membership

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. However, if the United Kingdom were to re-join EFTA, it would not automatically become party to the EEA Agreement, as each EFTA State decides on its own whether it applies to be party to the EEA Agreement or not. According to Article 128 of the EEA Agreement, “any European State becoming a member of the Community shall, and the Swiss Confederation or any European State becoming a member of EFTA may, apply to become a party to this Agreement. It shall address its application to the EEA Council.” EFTA does not envisage political integration. It does not issue legislation, nor does it establish a customs union. Schengen is not a part of the EEA Agreement. However, all of the four EFTA States participate in Schengen and Dublin through bilateral agreements. They all apply the provisions of the relevant Acquis. 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 EU is also required to conduct extensive consultations with EEA EFTA members beforehand via its many committees and cooperative bodies. Some EU law originates from various international bodies on which non-EU EEA countries have a seat.
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; however, EEA countries are required to contribute to the EU Budget in exchange for access to the internal market.
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.

## EFTA views

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.
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. The president of Switzerland Johann Schneider-Ammann stated that the UK's return would strengthen the association. However, in August 2016 the Norwegian Government expressed reservations. 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. It would shift the balance, which is not necessarily in Norway's interests".

## Scottish membership of EFTA

Given Scotland's vote in the 2016 referendum to remain in the EU, contrasted with that of the UK as a whole, the Scottish Government has looked into methods of retaining access to or membership of the EEA. 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.

## UK Government view

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, 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).

## Role of the European Court of Justice

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. The Court also resolves disputes between EEA persons and the EFTA Surveillance Authority.

## Separation agreement

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.
It defines the relationship between the United Kingdom and the EFTA during the transition period.