The Options for the UK Outside the EU: Continuing As a Member of the EEA or Giving Notice Under Article 128 EEA Agreement of Exiting the EEA Too?

Some commentators during the referendum campaign and immediately afterwards talked about the ‘Norway model’ as an alternative model for the UK’s relationship with the EU once the UK exits the EU.   There is no ‘Norway model’ as such but another market ‘model’ called the European Economic Area (the EEA) in which both Norway and the UK are members. The UK is already a member of the ‘Norway model’ market.

This paper will argue that the UK is a full member of the EEA irrespective of its membership of the EU and exiting the EU does not automatically mean that the UK is no longer a member of the EEA. Even if as part of the ‘divorce’ from the EU, the UK is required to agree to leave the EEA, then a separate ‘divorce’ will have to take place in accordance with Article 128 of the EEA Agreement.  It will explain the process under Article 128.

The UK Government has no mandate for the UK to leave the EEA as that question was not put to the voters in the referendum.  Within that context, the paper will consider the extent to which the UK could continue with its membership of the EEA market? In examining that question the position will be examined not only both from the point of view of the UK but also from the point of view of the other members of the EEA.