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Joining the EEA and the Implications for Free Movement of Persons

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Joining the EEA and the Implications for Free Movement of Persons 1 The fourth European Free Trade Association member state, Switzerland, is not a member of the EEA, and has a set of bilateral agreements with the European Union. 2 Article 1, EEA Agreement 3 Article 82, EEA Agreement 4 Norway contributes 95.8% of the €993.5 million put towards the EEA grant by the three EEA states in the period from 2009-2014. 5 Article 6, EEA Agreement 6 The EEA Joint Committee is required to update the Annexes and Protocols to the EEA Agreement in line with EU developments, to ensure its “effective implementation and operation” (Article 92) and “keep under constant review the developments of the case law” of the CJEU, and to “act so as to preserve the homogenous interpretation of the Agreement” (Article 105(2)). 7 See joined cases E-09/07 and E-10/07, L'Oréal Norge AS v Aarskog Per AS and Others and Smart Club Norge, para 28. 8 Article 34 of the EFTA Surveillance and Court Agreement 9 Free movement of persons is covered by Article 28 of the EEA Agreement, Annex V on Free Movement of Workers, and Annex VIII on Right of Establishment. 10 Articles 29, 30, 31, EEA Agreement 11 Point 3 of the Acts referred to in Annex VII of the EEA Agreement adapts Directive 2004/38/EC to include EEA nationals and their family members. 12 The Immigration (European Economic Area) Regulations 2006 13 See the Sectoral Adaptations in Annex VIII on the Right of Establishment. Liechtenstein’s position has also been addressed in Protocol 15 on Transitional Periods on the Free Movement of Persons (Liechtenstein); Decision No. 1/95 of the EEA Council confirming Liechtenstein’s full accession to the EEA in May 1995; EEA Joint Committee Decision 191/1999; and the subsequent EEA enlargement agreements. 14 Article 128(2), EEA Agreement 15 Nationality discrimination is specifically prohibited by Article 4 of the EEA Agreement. 16 Article 113, EEA Agreement 17 Article 114, EEA Agreement .
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