Third State participation in EU agencies: Exploring the EEA precedent

Abstract

The EEA EFTA States are the only non-EU States that have been allowed, on a regular basis, to participate in the work of EU agencies governing the internal market. Participation in the work of an agency does not include the right to vote, nor are third States automatically bound by decisions enacted by the agency. Participation “in the work” of an EU agency is a way of providing decision-shaping rights in exchange to third countries that are willing to enter into mechanisms that grant the binding effect of agency decisions in their territories. As these mechanisms are intertwined with the attribution of decision-shaping rights, the arrangements for participation in the work of an EU agency become highly complex. The paper identifies and examines four different models for participation. It argues that the direct participation of third countries in EU agencies, with voting rights, would be favourable compared to the current approach.