THREAD 1/ Some comments on Nick Boles’proposal « Norway For Now »#@NickBoles,#@Simon_Nixon, #StephenFidler1, #@pmdfoster
2/This could not be « a new transition », as neither EFTA nor EEA are open to a temporary membership and I doubt their members would accept such a change.
3/ On top of that, due to the fact that there would not be an actual period of transition, UK would fall in cliff edge and a backstop would be necessary because EEA does not allow custom union with EU and does not provide EU single market on agriculture.
4/ Calendar: It would be impossible to get a Norway model status « on 29th March 2019 », as U.K. candidacies to both organisations could not be negotiated before that date (art 217 TFEU).
5/ EFTA, EEA and agreements on EFTA Surveillance Authority and Court of Justice are not « 0ff-the-shelf ». These agreements necessarily need to be opened and negotiated on a number of points for a new accession. Ratifications by 30 States and the EU will have to follow.
6/ Waiting for conclusion and entry into force (or even provisional application) of these acceding treaties, the U.K. will not be able to avoid the cliff edge and the normal WTO rules (absence of transition period).
7/ “Britain maintaining continuity in its customs arrangements », ie to remain in the EU Customs union, would be incompatible with article 56(3) EFTA Convention, which binds acceding members to become party to the FTAs concluded by EFTA Members.
8/ Following that absence of CU with EU, the backstop on the Irish border issue would remain absolutely necessary.
