Agreement On The European Economic Area Signed At Oporto On 2Nd May 1992

The nature of the EEA agreement as a joint agreement has consequences under EU law for an EU member state wishing to withdraw from it. With regard to the structure of the EEA agreement itself, including Article 127 and the means by which it was ratified and integrated by the 1993 EEA Agreement, the United Kingdom must take appropriate measures, both domestic and international, to withdraw from the EEA agreement. As a result, a country withdrawing from the EU must also withdraw separately from a mixed agreement and no longer be part of the contracting parties. The EEA agreement is a mixed agreement within the framework of EU law. As explicitly stated in Article 2, point (c), of the EEA, the United Kingdom is itself a contracting party to the EEA agreement and, as an EU member state, is bound by the EEA agreement. Yuliya Kaspiarovich and Nicolas Levrat also discuss this point in their play ”The UK and the EU Joint Market Agreement after Brexit: the case of the EEA” of 24 October 2018. The consequences of the mix were expressed by General Counsel Sharpston in her conclusions on the 2/15 notice procedure concerning the EU free trade agreement with Singapore in Nos. 76 and 77, including the fact that ”every Member State remains free, under international law, to denounce this agreement according to the appropriate whistleblowing procedure by the agreement. Finally, their participation in the agreement as a sovereign state party is not only an appendage of the European Union and that ”[d] it reflects the ability to act as an independent actor under international law, the permanent international competence of the Member State; the fact that the Member State remains partially bound by the agreement, even if, under international law, it does not reflect international law, but EU law.” On the basis of the arguments put forward by General Counsel Sharpston in findings 2/15 as a joint agreement, if the UK wishes to leave the EEA agreement in addition to withdrawing from the EU, it must notify the other contracting parties in writing ”at least 12 months” in accordance with Article 127 of the EEA. Membership of the EEA/EFTA is a possible possibility in the draft political declaration between the UK and the EU. The EU`s chief negotiator, Michel Barnier, said on 29 November 2017: ”Only the combination of the internal market and the customs union allows for the smooth functioning of trade between us.” As this author said, the In-depth and special partnership agreement with the EU, desired by the Prime Minister, could perhaps be best achieved on the basis of an updated version of the EEA agreement.

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