European Economic Area: UK Membership — House of Commons, 2017-11-06
Topic: International Affairs
David Ian Jones (Conservative, Centre-right): It is a great pleasure to follow the hon. Member for Aberavon (Stephen Kinnock), who has raised some important and interesting constitutional issues The motion before the House today asks us to conclude that "for the UK to withdraw from the European Economic Area (EEA) it will have to trigger Article 127 of the EEA Agreement" It is certainly the case that article 127 provides that every contracting party to the agreement may withdraw from it, provided that it gives at least 12 months’ notice in writing to the other contracting parties. The question is whether that formality actually needs to be adopted. The EEA agreement is an arrangement that has been concluded among the member states of the European Union, the European Union itself and three of the four European Free Trade Association states—namely, Iceland, Norway and Liechtenstein. There is no doubt, as the hon. Gentleman has said, that the United Kingdom is a contracting party to that agreement in its own right. Indeed, it has no option but to be so, because article 128 of the EEA agreement provides that every European state must, on applying to become a member of the EU, apply for EEA membership. In other words, Britain’s membership of the EEA is a consequence of its membership of the European Union The UK has given notice of its intention to withdraw from the European Union, and by application of the provisions of article 50 that notice will become effective no later than midnight on 30 March 2019, at which point the EU treaties will cease to apply to the United Kingdom. The UK’s departure from the European Union will indeed have an impact on its membership of the EEA. Article 126 of the EEA agreement provides that it shall apply to the territories to which the treaty establishing the European Economic Community, now the European Union, is applied, as well as to the three signatory EFTA member states. Given that the EU treaties will no longer apply to the UK at the moment of its departure, pursuant to article 50, and that the UK is not one of the three EFTA signatories, it necessarily follows that at that moment, on the stroke of midnight on 30 March 2019, it will also cease to be subject to the provisions of the EEA agreement. In other words, for all practical purposes, British membership of the EEA will fall at that point. It will remain a contracting party to the agreement, but under the terms of the EEA agreement, the agreement will cease to apply to it There has been a great deal of academic discussion as to whether that is indeed the case, but a view supporting the proposition that Britain will effectively cease to be a member of the EEA on leaving the EU has been given by no less a figure than Professor Baudenbacher, to whom the hon. Gentleman has referred. The professor has said: "A state can only be an EEA Contracting Party either qua EU membership or qua EFTA membership. That follows from the two pillar structure of the EEA agreement. You are either in the EU pillar or in the EFTA pillar but you cannot be floating around freely." The hon. Gentleman has mentioned the desirability of the United Kingdom becoming a member of EFTA. It may or may not be desirable—I personally would oppose it—but it has to be recognised that if we are not a member of either EFTA or of the EU, we cannot be a member of the EEA.