Is Britain in the EES?

The system will operate at the Port of Dover and Eurostar and Eurotunnel terminals in the UK. The UK government has reciprocal agreements with France that the French authorities can operate border checks at these UK departure points into the EU. Operators of services at these points have expressed concerns about the impact of EES, and its potential to increase delays at border checkpoints (pdf). The logistics of operating EES for travellers passing through the Port of Dover and Eurotunnel terminal in Folkestone are seen as particularly challenging. The UK Government has said it is engaging with local operators and the French authorities to minimise impact on border flows and traffic build-up when EES is implemented.

The EU, and countries operating EES, are still working on implementation plans for EES. Some details on how the system will operate are therefore not clear. The European Commission has said it is looking at introducing the system in a gradual and flexible way to avoid long waiting times at certain border crossings.

Why is the UK not in the EEA?

Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

Is the UK still part of the EEA after Brexit?

54.The UK could in principle join the European Free Trade Area (EFTA) and become a signatory to the EEA Agreement, becoming a non-EU EEA member.62 It would then join the current non-EU members of the EEA, Norway, Liechtenstein and Iceland. An overview of the EFTA and the EEA is given in Box 1.

Box 1: The European Free Trade Area (EFTA) and the European Economic Area (EEA)

The European Free Trade Area (EFTA) is an intergovernmental organisation that promotes free trade and economic integration to the benefit of its four members: Norway, Iceland, Liechtenstein and Switzerland. The EFTA Convention regulates the free trade relations between its four members. Although EFTA has the right to conclude FTAs with third countries, members are also allowed to negotiate their own trade deals.

55.Dr Sverdrup argued that even though the UK was already a member of the EEA through its membership of the EU, in order to join the EEA as a non-EU country it would have to join EFTA. Article 126 of the EEA Agreement states that the Agreement only applies to EFTA or EU Member States and it is therefore impossible to be a party to the EEA Agreement without being a member of the EU or EFTA.67 Dr Sverdrup explained this is because the EEA Agreement was “constructed as a two pillar system”, which “means that members of the EEA are supposed to be either members of the EU or members of EFTA.”68 The UK could do this by entering into three different Treaties and agreements: the EFTA Treaty (which has all four EFTA states as contracting parties); the “agreement on the surveillance mechanism in the EEA”; and the agreement on the EFTA Court (which has the three non-EU EEA states as contracting parties).69 The process of entering these various agreements would “not take too long”, and ratification of the various Treaties and agreements by the partner countries “could be done in a year or so.”70 If the UK joined EFTA, it is unclear whether it could remain party to the EEA Agreement if its withdrawal from the EU coincided with its joining of EFTA, or if the UK would have to re-join the EEA Agreement after joining EFTA.

56.Importantly, Dr Sverdrup told us that the EEA Agreement worked on the basis of unanimity and that all the non-EU EEA states “speak with one voice”. This had important implications, because it meant that “in reality the Prince of Liechtenstein has a veto power over Norway, and vice versa”.71 Joining the EFTA treaties and agreements would require unanimity of the other parties.72

57.Dr Sverdrup did not think the current non-EU EEA countries would be “eager to go out and try to recruit the UK”, for a number of reasons. First, expansion of the EFTA side of the EEA “has never been done before”. Before the EU’s enlargement, when some Central and Eastern European countries asked “if they could join the EEA first … the EFTA countries were reluctant to let them do that”. Second, while the UK and the EFTA countries “share a lot of cultural sentiments and orientations”, there were some very significant differences “in size, geography [and] history”. Third, and more importantly, there were “differences of interests” and “political orientation” in important policy areas such as agriculture. Finally, there would be some reservations about the “functioning of the EEA institutions” if the UK were to join.73 We note in particular that expanding a bloc of five million people to include an additional 65 million people would considerably alter the balance of the non-EU EEA bloc.74

Is UK an EEA country after Brexit?

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[5] – and, if the courts so decide, whether such notice given by the UK would require an Act of Parliament.[6]

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.[1]

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.[7] 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.[8][9] 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;[10] however, EEA countries are required to contribute to the EU Budget in exchange for access to the internal market.[11][12]

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.[13]

Does the EEA still apply to the UK?

If you were living in the UK before 1 January 2021, you may continue to live and work there. However, you need to to have settled or pre-settled status. Did circumstances prevent you from applying for a residence permit for yourself and/or your family members before 1 July 2021? If so, apply to the EU Settlement Scheme as soon as possible on the UK government website. Any of your family members who are not citizens of the United Kingdom will also have to apply.

When did the UK officially leave the EEA?

It has. The UK voted to leave the EU in 2016 and officially left the trading bloc - its nearest and biggest trading partner - on 31 January 2020.

However, both sides agreed to keep many things the same until 31 December 2020, to allow enough time to agree to the terms of a new trade deal.

It was a complex, sometimes bitter negotiation, but they finally agreed a deal on 24 December.

The deal contains new rules for how the UK and EU will live, work and trade together.

While the UK was in the EU, companies could buy and sell goods across EU borders without paying taxes and there were no limits on the amount of things which could be traded.

Under the terms of the deal, that won't change on 1 January, but to be sure that neither side has an unfair advantage, both sides had to agree to some shared rules and standards on workers' rights, as well as many social and environmental regulations. You can read more detail on other aspects of the deal, including more on travel, fishing, and financial services, here.

Is UK part of the EEA agreement?

Box 1: The European Free Trade Area (EFTA) and the European Economic Area (EEA)

What is EES & how does it work?

EES will be an automated IT system for registering travellers from non-EU countries, including the UK, each time they cross a border into or out of the EU. Travellers will need to scan their passports or other travel documents at an automated self-service kiosk prior to crossing the border.

What is EES & ETIAS?

The EU is expected to set out a revised schedule for EES and related systems (including ETIAS, see below) in October 2023. EES will be an automated IT system for registering travellers from non-EU countries, including the UK, each time they cross a border into or out of the EU.

What is the EU Entry/Exit System (EES)?

The European Union (EU) is planning to introduce two separate but interconnected schemes that will affect non-EU citizens travelling to most EU countries. These are: The EU Entry/Exit System (EES), which is an automated system for registering travellers from the UK and other non-EU countries each time they cross an EU external border.

Which EU countries have EES?

EES will be in place for 25 of the 27 EU member states — Ireland and Cyprus will continue with manual checks — as well as Norway, Iceland, Switzerland and Lichtenstein, as they’re part of the border-free Schengen Area. Where EES is in place, you’ll just need to scan your passport at the automated gates, as you would when entering the UK.