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Article 112 of the European Economic Area (EEA) Agreement is a provision that allows the EEA states to take unilateral measures to safeguard essential interests in situations where the agreement does not provide sufficient protection. The provision is similar to the safeguard clauses in international trade agreements, which allow states to impose temporary measures to protect their industries in the face of increased imports.
In general, the EEA Agreement seeks to create a level playing field for economic activity within the European Union (EU) and the EEA. The agreement covers a wide range of areas, including the free movement of goods, services, capital, and persons. However, there might be situations where the agreement does not provide sufficient protection for an EEA state`s essential interests.
Under Article 112, an EEA state can take unilateral measures such as suspending all or part of the agreement`s operation. The provision requires the state to notify the other EEA states and the European Commission of its intention to take such measures. The state must also provide a detailed explanation of the reasons for the measures and the expected duration.
The safeguard measures are limited in scope and duration. The state must ensure that the measures are proportionate and do not discriminate against the other EEA states. The measures cannot last for more than six months, but the state can apply for a renewal for a further six months if necessary.
Article 112 has been used in the past by Iceland and Liechtenstein to safeguard their fisheries. In 2010, Iceland applied the provision to ban mackerel fishing by foreign vessels in its waters. The measure was in response to the increased mackerel catch by the EU and Norway, which Iceland claimed was unsustainable and threatened its fishing industry. The ban lasted for a year and was lifted after negotiations with the EU and Norway.
More recently, Liechtenstein applied Article 112 in response to the EU`s adoption of the General Data Protection Regulation (GDPR). Liechtenstein claimed that the regulation would have a disproportionate impact on its small businesses and requested a temporary exemption. The European Commission granted the exemption, which lasted until the end of 2020.
In conclusion, Article 112 of the EEA Agreement is a provision that allows EEA states to take temporary measures to safeguard their essential interests. The provision is limited in scope and duration and requires the state to provide a detailed explanation of the reasons for the measures. While the provision has been used sparingly in the past, it remains an important safeguard for EEA states in situations where the agreement does not provide sufficient protection.
