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OPINION AND ANALYSIS

OPINION: Brexit deal does not deliver on the rights of Britons in Europe

While the UK Prime Minister Theresa May insisted that her final draft Brexit deal delivers on the referendum vote, groups representing the hundreds of thousands of Britons living across the EU say she had failed to deliver on their rights.

OPINION: Brexit deal does not deliver on the rights of Britons in Europe
Photo: AFP

Theresa May told parliament and members of her government on Wednesday that the Brexit deal agreed with Brussels was the best possible agreement for the UK to leave the EU and one that delivers on the result of the referendum in 2016.

Her deal was however attacked by both leavers and remainers and it remains highly doubtful that the agreement would win the necessary support in her cabinet and then the British parliament before it can be signed and sealed.

The agreement certainly hasn't won any support among campaign groups representing the 1.2 million British citizens living across the EU.

“Claims by the British government that 'they have delivered on citizens' rights' are entirely false,” Brian Robinson from the Brexpats Hear our Voice campaign group told The Local.
 
“The draft agreement only touches upon some treaty rights, and ignores the rest.”
 
The citizens' rights aspect of the bill was agreed back in March and the EU Commission confirmed to The Local on Wednesday that nothing has changed since then.
 
“The citizens’ rights part of the Withdrawal Agreement was agreed in full back in March,” the spokesman said.
 
That means that while Brits will be allowed to stay, work and receive healthcare in the EU countries where they live they will be lose their current right to onward freedom of movement – in other words the right to move to another EU country.
 
 
'More holes than cheese': A recap of what Theresa May's Brexit deal means for Brits in Europe

That means that while Brits will be allowed to stay, work and receive healthcare in the EU countries where they live they will be lose their current right to onward freedom of movement – in other words the right to move to another EU country.

This is a big deal for many people whose livelihoods depend on being able to work in an EU country other than their country of residence.

“Onward freedom of movement has not yet been agreed, and many UK citizens in the EU rely on this for their livelihood,” said Robinson.
 
The umbrella group British in Europe have long called for onward freedom of movement to be guaranteed for Brits in the EU and while they have won support in the European Parliament, their requests have fallen on deaf ears among those negotiating the deal in Brussels and London.

British in Europe's chair Jane Golding told The Local: “If this draft agreement is agreed and becomes legally binding then it will only confirm the current rights we have in one country.

“But most of us moved on the assumption that those rights were valid across the EU27. Some of us have lived in several countries.”

Kalba Meadows from the Remain in France Together group said even if freedom of movement is guaranteed at a later date it would be too late for many Brits in Europe.

“If the crucial issue of free movement will be omitted it will become the subject of the 'future relationship' negotiations along with a million and one other issues – and too late to avoid serious disruption to the lives of many Brits in Europe,” she told The Local.

While freedom of movement was the main omission from the Brexit deal, campaigners were also unhappy about other rights that were not included in the March agreement.

They cover matters such as the right to provide cross-border services as self-employed people, recognition of some professional qualifications and the right to be joined by a future spouse or partner who you were not in a relationship with before the end of the transition period.

One of the major downsides of the deal is that EU countries may adopt a “constitutive system” meaning Brits would have to apply and prove their status in a country rather than just being granted it. The worry is that some expats who have been settled in a country for a years won't meet the criteria around minimum income.

But perhaps the main bone of contention campaigners have with the Brexit deal is that citizens rights have not been ring-fenced, meaning if Theresa May's much criticized bill fails to get through and the UK lurches towards a no-deal then suddenly Brits in Europe lose everything.

“We are stuck with the principle that nothing is agreed until everything is agreed,” said British in Europe's Jane Golding.

Remain in France Together's Kalba Meadows stressed that there was a long way to go before Brits in Europe and EU citizens in the UK can rest easy.

“There's no doubt that for citizens' rights a deal is better than no deal, so there are five million people today with their hearts in their mouths. But even if the deal is accepted by the cabinet there's a long way to go … it still has to get though the UK and European parliaments, so nobody can start counting chickens just yet,” she said.

“So we wait and we hope.”

The hope of all these groups is that Theresa May relents and accepts the growing demand for a “people's vote” on the final deal that would include an option to remain in the EU.

Member comments

  1. For all its bluster, it’s the EU that is insisting on restricting Brit citizens rights in Europe. It is for them to allow onward movement. The equivalent restriction in the Uk would, for example, be if EU citizens in the UK were restricted to the town, city or country of their current residence within the UK.

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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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