As I indicated in this previous article, the British government`s argument that, after the UK`s exit from the EU, pursuant to Article 126 of the EEA, the « territories on which [EU treaties] are applied » are shrinking to exclude the UNITED Kingdom. By interpreting in this way and on the basis of Article 126 of the EEA, the United Kingdom Government deprives the specific withdrawal provision, Article 127 EEA, of any effect contrary to the teleological interpretation method of the EEA agreement. Moreover, the basic structure of the EEA-EFTA agreement is inherently problematic: the United Kingdom claims to leave a joint multilateral agreement with thirty other contracting parties, as well as the European Union, without written notification, and sever its direct relations by attempting to conclude a treaty with only three contracting parties to the EEA. DE DÉSIRANT establish the necessary provisions for the UK`s withdrawal from the EU, the EEA agreement and other applicable agreements between the United Kingdom and Iceland, Liechtenstein or Norway because of the Uk`s membership of the EU. » The EEA-EFTA states and the United Kingdom signed a separation agreement on 28 January 2020. The separation agreement reflects the relevant parts of the EU-UK withdrawal agreement and guarantees the rights of EEA-EFTA and UK citizens who already live or work in the EEA-EFTA states or the UK. In addition to the citizens` rights provisions, the separation agreement includes other separation issues – such as goods marketed before the end of the transition period, intellectual property rights, ongoing police and judicial cooperation, judicial proceedings, data protection and public procurement – as well as institutional provisions. In the unlikely event of a « no deal » with the EU, the UK would continue the citizens` rights agreement with the EEA-EFTA states. We are discussing this with the EEA-EFTA countries. In any event, EFTA citizens may remain in the UK after the withdrawal.
5.Am January 28, 2020, Mr. Barclay wrote us a letter saying that the agreement had been signed. He noted that the EEA-EFTA agreement « is largely in line with the terms of the EU withdrawal agreement. » However, he acknowledged that since the publication of the draft agreement in December 2018, the United Kingdom and EEA-EFTA states « have made a limited number of amendments to the text, resulting in some unnecessary wording … [and] make minor corrections. » The letter states that « the material obligations of the parties have not changed. » 25.Article 46 of the agreement provides for certain intellectual property rights. In particular, the Euro annexed to the agreement stated that, with regard to geographical indications, « existing geographical indications remain protected in the United Kingdom until a future agreement comes into force and replaces these agreements. Existing geographical indications of the UNITED Kingdom will continue to be protected by the current EU regime. 17.In correspondence, FCO officials pointed out a number of differences between the EU withdrawal agreement and the eee-EFTA withdrawal agreement.