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BREXIT

‘We need your help. Don’t let a no-deal Brexit haunt our lives in France’

Brits in France must act together with Brits around Europe so a no-deal Brexit doesn't become a nightmare that ruins their lives in France, argues Kalba Meadows from Remain in France Together

'We need your help. Don't let a no-deal Brexit haunt our lives in France'
The European Union flag flies in front of the Houses of Parliament in Westminster. Photo: Daniel Leal-Olivas/AFP
Promises don’t protect people
 
The People’s Vote march is over – you probably saw it in the media, passing all expectations of numbers with some 700,000 participants.
 
Among them were around 400 Brits living in all four corners of the EU, who came together to meet and march together alongside our friends the EU citizens in the UK. We walked, we talked, we chanted, we danced our way through London’s streets and if we only made it, because of sheer numbers, as far as Trafalgar Square, it didn’t detract at all from the fantastic sense of solidarity that was the keynote of the day for us all. 
 
But the campaign to defend our rights is not over: even before the wheels of my plane home hit the tarmac it was back to working on the next phase of our vital Last Mile Citizens’ Lobby. And that’s where you come in. 
 
There is an urgency in the Brexit negotiations, and it’s not just the Irish border.
 
Five million EU citizens in the UK and British citizens in the EU are at risk of losing their existing rights on 29 March without a deal between Westminster and Brussels. And that includes you. If there is No Deal, unless something is done in the next five months 1.2m UK citizens across the EU27 States could wake up as illegal immigrants with no rights on 30 March 2019. 
 
France and No Deal
 
The French government is taking the possibility of No Deal very seriously, and is proposing to put into place a decree – enabling legislation – that would permit quickly-passed laws for ‘legalising’ Brits living here and protecting at least some of our rights if the worst should happen. It should be coming before the Senate in 10 days or so, in fact.
 
READ ALSO: 
Brexit: Brits in France must start preparing for the worst
 
 
So that’s okay then, isn’t it? We’re safe.
 
Well, no, not exactly. It’s better than nothing, and kind of reassuring to know that our host country’s government at least has us in mind. But there are several problems with this kind of unilateral promise of rights – in fact it’s the worst of all possible solutions.
 
Here’s why. There are no guarantees and it would be unenforceable.  At any point in the future, a French government could simply change its mind and go back on what it had said it would do. This is not at all a fanciful consideration in the current political climate. It wouldn’t cover those aspects of our rights currently dealt with by on a reciprocal basis: provision of health care via the S1 system, aggregation of pension contributions, payment of some social security and other benefits and continued recognition of qualifications.
 
The Minister for Europe, Nathalie Loiseau, has repeatedly stated that France’s primary interest is in the treatment of its own nationals living in the UK. The draft decree is clear: any rights accorded to resident Brits in a No Deal Brexit would only be equal to those given by the UK to French citizens living in the UK. Any reduction in rights on the other side of the Channel would be matched by a corresponding reduction in our own rights.
 
Add this to point 1 above and you can see that we would risk being perpetual bargaining chips, never certain that our rights would endure. This is no way to live.
 
So what’s the alternative?
 
Here is one simple, moral and obvious solution: to ring-fence the citizens’ rights part of the Withdrawal Agreement.  In other words for the negotiators to agree, now, that even if they can agree nothing else, the agreement already made in draft on citizens’ rights will stand as the only agreement under Article 50. 
 
What’s different about citizens’ rights is that both sides have said right from the start that preserving them is their number one priority, to be dealt with quite apart from Ireland and widgets and trade deals.  On the assumption that this was said honestly, quite frankly neither side has anything to gain from making the citizens’ rights agreement conditional on any other.  We are human beings, not bargaining chips.
 
And so this is what we’re focusing on in the Last Mile Citizens’ Lobby. British in Europe is hard at work talking to politicians and officials in the EU and right across the EU27 (including in France – more about that soon). But on 5 November we’re focusing our efforts on the UK Parliament, and we need your help and support.
 
Remember, remember the 5th of November British in Europe and the3million are going to Parliament – not with gunpowder, but in a mass lobby of MPs. Before that, we’ll be forming a human chain from Parliament Square to Downing Street, where 6 of us (including me) will be handing over a letter to Theresa May at Number Ten.
 
If you can join us in London you’ll be very welcome indeed. But even if you can’t, you can join in the mass lobby, and you don’t even need to leave your armchair.
 
Join the e-lobby
 
All you have to do is personalise our pre-written letter and send it to your MP, to ask them to do 2 things: Support our campaign for ring-fencing by signing this simple pledge “I support honouring under Article 50, as a minimum, the agreement already reached on citizens’ rights, whatever the outcome on Brexit”. 
 
Come and meet committee members of British in Europe and the3million at Parliament on the afternoon of 5 November, where we can explain why ring-fencing is so important.
 
We need thousands of people to take part. And it’s now or never. 
 
All the instructions, and the template letter for you to use, are here.
 
Don’t let a No-Deal become a nightmare that will haunt our lives in France for years to come. More than ever, we must all come together now to make sure that this doesn’t happen. The e-lobby is open now, and will take you no more than 20 minutes. Please get involved.
 
No plot. No powder. Just people and their lives.

You can read more about the last mile lobby by clicking HERE.

Kalba Meadows is citizens' rights coordinator of the group Remain in France Together, and a member of the steering committee of British in Europe.

 

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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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