Can Britain Join the Eu Again

With the Brexit clock ticking ever louder, the demand to plan the Great britain's time to come relationships with non just the EU merely other trading partners too becomes more than urgent. Ane option is to seek membership of the European Free Trade Association (EFTA), the grouping comprising Norway, Switzerland, Iceland and Liechtenstein.

This would provide some continuity in terms of preferential admission to a non insignificant market for UK goods. EFTA accounts for 8.5% of UK exports. Membership should also, through EFTA's free trade agreements with 38 countries, provide preferential admission to a range of markets without the U.k. having to negotiate new bilateral agreements. Plus, securing EFTA membership would facilitate participation in the European Economic Surface area (EEA) if the U.k. wanted to pursue this post-Brexit. EFTA membership does not entail EEA membership, but but EU and EFTA member states can currently be contracting parties to the EEA Understanding.

This raises the question of what is the process for joining EFTA, an organisation of which the UK was in fact a founding member in 1960 and which it only left in 1972 to bring together the European Community.

Article 56 of the EFTA Convention sets out the formal requirements. Information technology states:

Whatever State may accede to this Convention, provided that the Council decides to approve its accretion, on such terms and atmospheric condition every bit may be fix out in that decision.

It later adds that:

Whatsoever State acceding to this Convention shall employ to go a party to the free trade agreements between the Member States on the one hand and 3rd states, unions of states or international organisations on the other.

Joining EFTA is therefore a relatively straightforward process. It is essentially left to the EFTA Council – ministerial representatives of the four EFTA member states – to decide whether a state can join the EFTA Convention. Each fellow member state has a vote in the council. Provided in that location is unanimity, the bidder can exist admitted.

Terms and weather condition

The main focus of the council decision is the terms and weather of accession agreed with the bidder land. These cover the obligations contained in the EFTA Convention and its assorted annexes. The focus is on the liberalisation of merchandise betwixt EFTA states, so includes provisions on the abolitionism of tariffs and quotas as well as on rules of origin and various community matters.

EFTA is focused on making trade easier. shutterstock.com

Following revisions to the EFTA Convention in 2002, agreement would accept to be reached on commitments regarding the liberalisation of investment and merchandise in services between member states as well equally arrangements flowing from provisions on various issues including agriculture, intellectual property rights, movement of persons, air and land transport and social security. The council'south decision would also demand to cover the contribution of the acceding state to EFTA'due south annual upkeep. This is currently simply over 22m Swiss francs (roughly £17m).

Plus, a new member state has to apply to bring together the various merchandise agreements that the EFTA states take concluded with tertiary countries. These currently provide for free trade with well-nigh European states outside the European union, Canada, United mexican states, the Philippines, Hong Kong, the Gulf Cooperation Council and the S African Community Union. Negotiations on additional agreements with India, Republic of indonesia and Malaysia amid others are ongoing. Joining EFTA is non per se provisional on really joining these merchandise agreements, but on applying to join them. Revisions to those agreements would be part of divide negotiations.

Compared to what is required of states wishing to join the Eu, the requirements of EFTA membership are relatively minor. They are though significantly greater than when the Uk was member in the 1960s and early on 1970s.

Where EFTA also differs significantly from the Eu is in terms of its experience of admitting new members. The Eu has enlarged seven times to include 22 states across the original six that established the European Coal and Steel Community in 1952. EFTA, by contrast, has lost five of its original members (Denmark, the Great britain, Portugal, Austria and Sweden) plus one subsequent member (Republic of finland), and gained only three. Its feel of processing membership applications is limited.

Moreover, of the three states admitted, Finland (in 1986) was already in an extremely close relationship with EFTA through its FINEFTA association agreement. Similarly, Liechtenstein (admitted in 1991) was closely linked through its customs marriage with Switzerland. Their accretion was therefore relatively straightforward. Meanwhile, the accession of Republic of iceland (in 1970) was virtually fifty years agone when EFTA's focus was essentially on free trade in industrial goods.

The accretion process

If EFTA were to receive a membership awarding from the UK – which could only join once it had withdrawn from the EU – and the EFTA states agreed to proceed with the application, an accretion process would need to be devised. Given the more limited scope of EFTA cooperation activities compared to those of the European union, negotiations on the terms of accession could be straightforward, assuming no intractable bug emerged and the consensus on admitting the UK held. What could complicate matters is the nature of any transitional arrangements regarding the UK's departure from the Eu and its customs wedlock. Whether the UK's withdrawal from the EEA is amicably negotiated could too have a bearing.

The procedure would not stop with agreement on the terms of accession and the EFTA Quango's green low-cal. The council'southward decision would also require domestic approving in each of the EFTA states. The EFTA Convention is silent on the actual approval requirements. With the accretion of Finland, the EFTA states were required to give discover that they either accepted the decision "without reservation" or that "their affirmative vote ha[d] been approved in conformity with their ramble requirements".

The process by which each EFTA state tin provide such notice is for each to make up one's mind. Precedent suggests and constitutional requirements provide for a parliamentary vote. No statutory requirement exists anywhere for a referendum, but opting to keep with a referendum cannot necessarily be ruled out. Every bit for the Uk, it would be for the government to ratify. Parliament's role would be one of scrutiny with the option to block ratification.

From application to accession could take less than a year depending on the timing of an application, the progress of negotiations and domestic parliamentary calendars. The result of an application cannot, still, be taken for granted.

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Source: https://theconversation.com/could-the-uk-rejoin-the-european-free-trade-association-efta-after-brexit-81208

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