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BREXIT

‘Double disaster’: Brits in France left furious over UK’s Brexit deal on citizens’ rights

While the British Prime Minister Theresa May was celebrating reaching a deal with the EU over Brexit, British citizens living in France and the EU felt betrayed.

'Double disaster': Brits in France left furious over UK's Brexit deal on citizens' rights
AFP

After months of fraught Brexit negotiations British Prime Minister Theresa May heralded an agreement with the European Commission on Friday that covered three thorny issues: the Irish border, the divorce settlement and citizens' rights.

The “hard won” agreement allows the British government and Brussels to move Brexit negotiations onto trade talks.

The initial deal brought smiles to the face of May, who was probably in danger of losing her job if talks had broken down again, but left British citizens living in France and other EU countries less than happy.

While the deal guarantees their rights to remain and work in France (although that was never really in doubt) the agreement does not guarantee them the right to continue moving freely around Europe, as is the case currently.

In the small print of the agreement it says the issue of freedom of movement was “outside the scope” of the initial negotiations, meaning the rights of Brits living in France to be able to move and work freely in other EU countries may depend on how trade negotiations go.

The group British in Europe, which represents the 1.2 million British citizens living in the EU accused the government of “negotiating away our rights” and said “the deal was even worse than expected”.

British in Europe's chair Jane Golding described it as a” double disaster”.

'We are bigger bargaining chips than before'

Kalba Meadows who runs the group Remain in France Together, which is linked to British in Europe told The Local: “This is far worse than we were expecting and hoping for and leaves us as greater bargaining chips than before, as freedom of movement and our other outstanding issues have to jostle with the issue of trade.

“Continuing freedom of movement has been deemed 'out of scope' – and yet this is so important for so many of our members.

“This isn't about the ability to visit friends in another country or pop over the border to do your shopping – many British people in France rely on freedom of movement for their livelihoods and without it they risk being unable to provide for their families.”

Another member of RIFT Craig McGinty added: “Some may have thought the battle was over, but it looks like the fight is still on. The issue of freedom of movement is going to be caught up in the second round of talks, meaning our rights could be tied up in agreements on how many widgets pass though Dover.

“Many of us have always feared it was always our rights May was gambling with and a key part looks to have been cast to one side,” he added.

'Yet more uncertainty for Brits in France'

While the future of Brits already living in France is secure, the agreement sets up the likelihood that they will have to apply for a residency permit to obtain “settled status”.

While each country has the right to decide whether to implement the scheme, the likelihood is if Britain sets up a residency card scheme for EU nationals living in the EU, France and other EU countries are likely to do the same.

That would give Brits in France two years from the official Brexit date to apply for settled status. It is likely that anyone who has a carte de sejour residency permit will be able to convert it into “settled status”.

“I think most UK people in France accept that some sort of residency paper is going to be required, EU citizens in the UK are going to face similar,” McGinty told The Local.

“And the authorities will need to have a record of who was here before whatever day Brexit is, here's hoping it is simple and not expensive to apply for.”

But for RIFT's Kalba Meadows, the agreement just throws up yet more uncertainty for Brits living in France.

“We don't know of course whether France would want to implement it, and it would obviously depend on the political will and situation – but the fact that this deal opens it up as a possibility is really disturbing, and just creates another level of uncertainty for Brits in France,” Meadows told The Local.

For members

EES PASSPORT CHECKS

How will the new app for Europe’s EES border system work?

With Europe set to introduce its new Entry/Exit biometric border system (EES) in the autumn there has been much talk about the importance of a new app designed to help avoid delays. But how will it work and when will it be ready?

How will the new app for Europe's EES border system work?

When it comes into force the EU’s new digital border system known as EES will register the millions of annual entries and exits of non-EU citizens travelling to the EU/Schengen area, which will cover 29 European countries.

Under the EU Entry/Exit System (EES), non-EU residents who do not require a visa will have to register their biometric data in a database that will also capture each time they cross an external Schengen border.

Passports will no longer be manually stamped, but will be scanned. However, biometric data such as fingerprints and facial images will have to be registered in front of a guard when the non-EU traveller first crosses in to the EU/Schengen area.

Naturally there are concerns the extra time needed for this initial registration will cause long queues and tailbacks at the border.

To help alleviate those likely queues and prevent the subsequent frustration felt by travellers the EU is developing a new smartphone app.

READ ALSO: What will the EES passport system mean for foreigners living in Europe?

The importance of having a working app was summed up by Uku Särekanno, Deputy Executive Director of the EU border agency Frontex in a recent interview.

“Initially, the challenge with the EES will come down to the fact that travellers arriving in Europe will have to have their biographic and biometric data registered in the system – border guards will have to register four of their fingerprints and their facial image. This process will take time, and every second really matters at border crossing points – nobody wants to be stuck in a lengthy queue after a long trip.”

But there is confusion around what the app will actually be able to do, if it will help avoid delays and importantly when will it be available?

So here’s what we know so far.

Who is developing the app?

The EU border agency Frontex is currently developing the app. More precisely, Frontex is developing the back-end part of the app, which will be made available to Schengen countries.

“Frontex is currently developing a prototype of an app that will help speed up this process and allow travellers to share some of the information in advance. This is something we are working on to support the member states, although there is no legal requirement for us to do so,” Uku Särekanno said in the interview.

Will the 29 EES countries be forced to use the app?

No, it is understood that Frontex will make the app available on a voluntary basis. Each government will then decide if, when and where to use it, and develop the front-end part based on its own needs.

This point emerged at a meeting of the House of Commons European scrutiny committee, which is carrying out an inquiry on how EES will impact the UK.

What data will be registered via the app?

The Local asked the European Commission about this. A spokesperson however, said the Commission was not “in a position to disclose further information at this stage” but that travellers’ personal data “will be processed in compliance with the high data security and data protection standards set by EU legislation.”

According to the blog by Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP the Frontex app will collect passengers’ name, date of birth, passport number, planned destination and length of stay, reason for travelling, the amount of cash they carry, the availability of a credit card and of a travel health insurance. The app could also allow to take facial images. It will then generate a QR code that travellers can present at border control.

This, however, does not change the fact that fingerprints and facial images will have to be registered in front of a guard at the first crossing into the Schengen area.

So given the need to register finger prints and facial images with a border guard, the question is how and if the app will help avoid those border queues?

When is the app going to be available?

The answer to perhaps the most important question is still unclear.

The Commissions spokesperson told The Local that the app “will be made available for Schengen countries as from the Entry/Exit System start of operations.” The planned launch date is currently October 6th, but there have been several delays in the past and may be another one.

The UK parliamentary committee heard that the prototype of the app should have been ready for EU member states in spring. Guy Opperman, Under-Secretary of State at the UK Department for Transport, said the app will not be available for testing until August “at best” and that the app will not be ready in time for October. The committee previously stated that the app might even be delayed until summer 2025.

Frontex’s Särekanno said in his interview: “Our aim is to have it ready by the end of the summer, so it can then be gradually integrated into national systems starting from early autumn”.

READ ALSO: How do the EES passport checks affect the 90-day rule?

Can the system be launched if the app is not ready?

Yes. The European Commission told The Local that “the availability of the mobile application is not a condition for the Entry/Exit System entry into operation or functioning of the system. The app is only a tool for pre-registration of certain types of data and the system can operate without this pre-registration.”

In addition, “the integration of this app at national level is to be decided by each Schengen country on a voluntary basis – as there is no legal obligation to make use of the app.”

And the UK’s transport under secretary Guy Opperman sounded a note of caution saying the app “is not going to be a panacea to fix all problems”.

When the app will be in use, will it be mandatory for travellers?

There is no indication that the app will become mandatory for those non-EU travellers who need to register for EES. But there will probably be advantages in using it, such as getting access to faster lanes.

As a reminder, non-EU citizens who are resident in the EU are excluded from the EES, as are those with dual nationality for a country using EES. Irish nationals are also exempt even though Ireland will not be using EES because it is not in the Schengen area.

Has the app been tested anywhere yet?

Frontex says the prototype of the app will be tested at Stockholm’s Arlanda Airport, in Sweden. Matthias Monroy’s website said it was tested last year at Munich Airport in Germany, as well as in Bulgaria and Gibraltar.

According to the German Federal Police, the blog reports, passengers were satisfied and felt “prepared for border control”.

This article is published in cooperation with Europe Street News.

 
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