"4. The EU and Euratom as well as the United Kingdom have agreed that EU law within the meaning of the withdrawal agreement includes international agreements concluded by the Euratom or by Member States acting jointly on behalf of the Union (or Euratom) or the Union (or Euratom) and its Member States. Brexit Minister Steve Barclay signed the agreement on behalf of the UK with representatives from Norway, Iceland and Liechtenstein. 12.The Euro annexed to the separation agreement states that it will apply "to territories covered by the EEA agreement and other international agreements on which the EEA-EFTA States cooperate with the UNION". As a result, provisions relating to citizens` rights, as well as provisions relating to intellectual property, public procurement, ongoing police and judicial cooperation, data procedures and judicial proceedings, will be extended to Gibraltar. The provisions relating to products on the market apply to crown dependencies. The EM notes that the agreement does not extend to other overseas territories or to the basic sovereign territory. We are delighted to have reached this agreement. It will protect the rights of our citizens when the UK leaves the EU and businesses are safe. From the end of the implementation period, we want to create new rules to protect our historical relationships, including in the area of trade. The proposal to separate the UK from the EEA agreement is full of legal loopholes, writes Michael-James Clifton (AELE Court). It argues that the draft EEA-EFTA separation agreement is poorly structured with regard to its contracting parties and that there are jurisdictional issues as to its material scope.
In this contribution, it examines the draft fragile provisions of the EEA-EFTA Separation Agreement on the entry into force and the effects of the potential for extension of the Article 50 TCE period. The agreement is an important milestone for both the UK and the three EEA-EFTA countries as it puts them on an equal footing with the EU in solving Brexit-related problems. It also notes that the agreement marks the beginning of a new phase, as negotiations on the future relationship between Iceland and the United Kingdom are under way. The proposed ratification of this treaty, particularly in the dualist countries of Iceland, Norway and the United Kingdom, will take some time. Liechtenstein is a monist country and will therefore probably be able to table its "instrument of ratification, acceptance or approval" fairly quickly. However, the agreement cannot enter into force until 30 March 2019, as long as the United Kingdom and one of the three EEA/EFTA states have tabled their own ratification instrument with the Norwegian government as custodians of the agreement (Article 70, paragraph 2, EEA-EFTA Separation Agreement). This puts considerable pressure on national ratification procedures. 2.The United Kingdom participates in a series of international agreements arising from its membership of the EU, which have strengthened its relations with the EFTA-EEA states (Iceland, the Principality of Liechtenstein and the Kingdom of Norway).