I think we can go a little further than the argument here. Article 126 defines only the territorial scope of the agreement, not the parties to the agreement. Think of the Antarctic Treaty, to which the United Kingdom belongs: it applies only to areas south of 60 degrees South. No one says that this does not apply to the United Kingdom, although its provisions do not apply to the United Kingdom. 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. 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. The Common Market 2.0 proposal, published in January 2019 by Lucy Powell MP and Robert Halfon MP on behalf of the norway Plus multi-party group, depends entirely on the UK becoming an EEA/EFTA state. In the House of Lords, Lord Lea called on the UK to remain in a “family of developing EEA nations.” Given the proximity and content of these relations, while they would require a withdrawal agreement (in accordance with Article 50, paragraph 2, of the kill), the content and design of such a withdrawal agreement would be totally different from the withdrawal agreement between the UK and the EU, and not just with regard to the content of the political declaration. (2) In this Act, the terms defined in section 1 of the 1973 Act (including “communities,” “EU” and “treaties”) have the meaning attributed to them by that act, unless the context requires otherwise. The consequences of the United Kingdom`s failure to comply with its obligations to the EEA Agreement and the emphasis on the Treaty, as it concerns the United Kingdom, are considerable. However, if the United Kingdom seeks to establish a contractual relationship, whether it is closer to the common market 2.0 or a “comprehensive and special partnership agreement” with the other 30 states parties to the EEA agreement, it is certainly more sensible to remain a signatory to the EEA, but to violate the EEA than to withdraw and reintegrate.
On 20 December 2018, the day after the parliamentary rose, the government issued an “EEA-EFTA Separation Agreement”. This was accompanied by a “declaring EEA-EFTA.” So far, the separation agreement on the EEA-EFTA (European Free Trade Association) has been “agreed” but has not been “signed”. On 8 February 2019, the government published another draft agreement, the EEA-EFTA agreement on citizens` rights.