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Senat Brexit Law
Senat Brexit Law
Senat Brexit Law
http://www.senat.fr/rap/l18-092/l18-0921.pdf?
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This includes ensuring that periods of activity in the United Kingdom are
taken into account before the withdrawal in the calculation of unemployment
insurance and contributory benefits (old age, disability, occupational accident
and occupational disease) . Professional qualifications obtained by French
nationals in the United Kingdom prior to withdrawal will also be recognised.
The same is true in the field of defence for licenses and authorisations for the
transfer of goods and materials to the United Kingdom. Approximately 1500
licenses would no longer be valid after the withdrawal. The access of the
French entities to the UK interbank settlement and settlement systems (CLS,
CHAPS and CREST) must, moreover, be maintained. It is also a question of
allowing the continuity of the framework agreements in the field of financial
services and of securing the conditions of execution of the contracts
concluded before the withdrawal. The transfer of contracts to entities
governed by European Union law should also be considered. The question
of keeping British nationals elected as municipal councilors until the
end of their term of office, initially envisaged by the Government, is not
finally retained in the draft law. Guarantees have however been provided
during the work of your special commission (see below).
Article 2 concerns the carriage of passengers and goods by rail between
France and the United Kingdom. Measures should be adopted at
European level. However, it is a question of anticipating a lack of
validity of the licenses and safety authorisations issued by the United
Kingdom to the transport operators and to ensure the respect by France
of its commitments as a franchise holder in the Channel Tunnel.
1.5.1. Existing law British citizens living in France are covered by two
European regulations of 2004 and 2009 on social protection, coordinating
social security schemes4. Responding to the principle of non-discrimination
between European citizens, these coordination rules cover: - sickness,
maternity and paternity benefits; 1 Council of State, 16 November 1983,
Commune of Gemenos, Case No. 24484. 2 Council of State, 22 November
1995, Gamblin, Case No. 139328. Conversely, in case of Brexit with
agreement, the British officials would remain in office at least until the
end of the transitional period, ie until 31 December 2020. 4 Regulation
(EC) No 883/2004 on the coordination of social security systems and
Regulation (EC) ) No 987/2009 Laying down detailed rules for the application
of Regulation (EC) No 883/2004. old-age pensions and early retirement
benefits as well as invalidity benefits; - survivors' benefits and death grants; -
unemployment benefits; - family benefits; - benefits in the event of accidents
at work and occupational diseases. According to the regulations, every
European citizen belongs to the social security system of only one Member
State at a time, so that he has to pay contributions only in one country. Where
the person is eligible to receive benefits, it is in the Member State in which he
pays his contributions (principle of uniqueness). In addition, all European
citizens have the same rights and are subject to the same obligations as
nationals of the Member State in which they are insured (principle of equal
treatment). When a person applies for a benefit, the previous periods during
which he was insured, worked or resided in another Member State shall be
taken into account if necessary, in particular to establish that the person was
insured for the minimum period required by national law to receive a benefit
(totalisation principle). Finally, where a person is entitled to receive a cash
benefit from a Member State, he can usually obtain it even if he lives in
another Member State (principle of export). With regard to unemployment,
European law provides for the portability of rights. Before leaving his State of
origin, any citizen can request the portable document U1 "Periods to be taken
into account for the granting of unemployment benefits" to the local
employment services. If, after a return to work in France, he finds himself in a
situation of involuntary unemployment, he may, when registering as a
jobseeker, submit this document to the services of the Agence Pôle Emploi
which, taking into account of the totalization of the periods of employment
completed in the two States, will determine whether it also fulfills all the other
conditions provided for by French legislation to give entitlement to
compensation.
1.5.2. The consequences of a withdrawal without agreement
In the event of withdrawal without agreement, access to social security
coverage for British nationals living in the territory would no longer be
governed by European law.
The exit of the United Kingdom from the European Union without an
agreement would imply that every British national has a residence
permit, a professional activity and a stable residence in order to be
affiliated to the scheme. French social security, as an expatriate. British
nationals could therefore have access to Universal Health Protection
(PUMa). If they did not have a job but reside in a stable and regular way
in France (with a residence permit), British nationals could, after a
period of 3 months, ask the Primary Health Insurance Fund of the place
of residence to be affiliated with the PUMa on residency criteria. This
fund would examine whether the conditions are met to benefit from the
assumption of health care costs for the residence. Affiliation is free or
expensive depending on resources. With regard to the beneficiaries, the
Health Insurance Fund indicates the terms and conditions of their assumption
of responsibility according to the French legislation. In case of withdrawal
without agreement, a British national should, in addition, to be registered on
the lists of job-seekers and to benefit from an unemployment allowance, to
hold a valid residence permit (resident card, card of stay of competence and
talents, temporary residence permit, residence visas of more than three
months) or of a provisional certificate of work when the employment contract
concluded with an employer established in France, was broken before its
term, because employer, for a reason attributable to it or for force majeure1.
According to the Government's impact study, only 458 employment center
beneficiaries have opened rights in the next to last activity in the United
Kingdom, ie 6% of the requests relating to past activity within the United
Kingdom. a country of the European Union or the European Economic Area.
With regard to social minima, a third-country national must have five years of
uninterrupted residence in France under cover of a residence permit
authorizing him to work in order to benefit from an allowance2, as against
three months for a national of the European Union or the European Economic
Area. The number of UK households benefiting from Social Work Income is
now estimated at 3,020 by the Government in its impact study.
1.7.2. The Brexit stakes As of March 29, 2019, the United Kingdom
becoming a third country, an agreement with this country will be necessary to
ensure the continuity of the flows of road transport of goods or persons. Such
an agreement could be concluded either by France or by the European
Union. For example, there is a bilateral agreement between the European
Community and the Swiss Confederation on the carriage of goods and
passengers by rail and road signed on 21 June 1999, which specifies the
conditions for issuing the authorisations required for the operation such
services between the countries concerned. In the absence of an agreement
with the European Union, certificates, licenses and certificates issued in the
United Kingdom will no longer be valid in the European Union at 27, which
will create a legal vacuum. In particular: - companies established in the
United Kingdom, as well as the transport managers who reside there, will no
longer fulfil the residency requirement which is one of the conditions of
access to the exercise of the profession of road transport operator in the
United Kingdom. The union ; - Certificates of professional competence issued
by the United Kingdom will no longer be recognised; - British long-term non-
resident drivers in the European Union, working for a Union carrier, must hold
a driver attestation issued in the Member State of establishment of the carrier;
- Community licenses and driver certificates, allowing access to the market
for the carriage of goods within the Union, issued by the United Kingdom
authorities, will no longer be recognised; - Community licenses and
authorisations for regular services issued by the United Kingdom for access
to the passenger transport market in the Union will no longer be valid. 1
Regulation (EC) No 561/2006 of the European Parliament and of the Council
of 15 March 2006 on the harmonisation of certain provisions of social
legislation in the field of road transport. 2 Regulation (EU) No 165/2014 of the
European Parliament and of the Council of 4 February 2014 on tachographs
in road transport. A Brexit without agreement would, moreover, have the
effect of removing the United Kingdom from the Interbus Agreement and the
existing agreements between the European Union and the Swiss
Confederation. However, certain situations could be settled in the context of
international law provisions, which are less detailed than European Union law,
in particular the system of multilateral quota for transport licenses introduced
on 1 January 1974 by the European Conference of Ministers of Transport.
(ECMT), today known as the International Transport Forum (ITF). Created in
2006, the International Transport Forum comprises 59 Member States,
including France and the United Kingdom. These provisions of international
law are, however, not sufficient to ensure the continuity of transport flows
between the EU 27 and the United Kingdom. They do not cover all the
strands currently covered by European Union law and do not allow in
particular cabotage. At 31 December 2017, 298 512 road hauliers held a
Community license for the carriage of goods in the European Union, of which
9 949 were established in the United Kingdom. In 2017, merchandise trade
between France and the United Kingdom accounted for 3.6 million trucks by
sea and 1.6 million trucks by rail. As of 1 August 2018, 104 regular passenger
service authorisations between the United Kingdom and the European Union,
and 1 authorisation for services between the United Kingdom and Ukraine,
were in force. Of these, 38 relate specifically to services between France and
the United Kingdom, 29 of which are issued by the French authorities. The
latter are divided between the Eurolines, Ouibus and Flixbus companies.
Article 2 1 ° of the draft authorization law provides for the taking into
account periods of activity of French nationals in the United Kingdom
before the withdrawal in the calculation of unemployment insurance and
benefits contributory (old age, disability, occupational accident and
occupational illness). The number of French residents in the United
Kingdom is estimated at 300,000.
Text of the draft law Text adopted by the special committee in first
reading Bill to Empower Government to Make an Order Preparing for the
Withdrawal of the United Kingdom from the European Union
Government Legislation t to make by order the measures for the
withdrawal of the United Kingdom from the European Union Amdt
COM-24 Article 1 Article 1 In order to draw the consequences of
withdrawal from the United Kingdom of the European Union without an
agreement concluded in accordance with the Article 50 of the Treaty on
European Union, in particular by adapting the ordinary law to deal with
current situations and providing, where appropriate, for derogations,
the Government is authorised, under the conditions laid down in Article
38 of the Constitution, to make by ordinance, within a period of twelve
months from the publication of this law, the measures pertaining to the
field of law which are necessary because of this withdrawal, in matters:
I. - In the the conditions laid down in Article 38 of the Constitution, the
Government is authorised to take by order the measures falling within
the field of law in order to draw the consequences of a withdrawal of the
United Kingdom from the Union. European Union without an agreement
concluded in accordance with Article 50 of the Treaty on European
Union, in respect of: Amdt COM-10 1 ° right of entry and residence of
British nationals in France; 1 ° Right of entry and residence of British
nationals in France; (2) the employment of British nationals lawfully
exercising a salaried professional activity in France at the date of
withdrawal from the United Kingdom of the European Union; (2) the
employment of British nationals lawfully exercising at the time of the
withdrawal from the United Kingdom of the European Union a paid
professional activity in France or to engage in paid professional activity
in companies located in the United Kingdom the date of the withdrawal
of the United Kingdom from the European Union having chosen to
deploy in France after it; Amdt COM-16 3 ° of a natural or legal person
legally exercising on the date of the withdrawal from the United
Kingdom of the European Union of an activity or profession whose
access or exercise are subject to compliance with conditions; 3 ° the
exercise, by a natural or legal person exercising legally on the date of
withdrawal from the United Kingdom of the European Union, of an
activity or profession the access or exercise of which is subject to
compliance with of conditions. The professional qualifications obtained
in the United Kingdom are recognised immediately when the holders of
those professions carry out their activity in the United Kingdom where
they are to engage in paid professional activity in companies located in
the United Kingdom on the date of the withdrawal of the United
Kingdom from the European Union which has chosen to deploy in
France after this one; Amdt COM-17 4 ° rules applicable to the situation
of civil servants and trainees in the public service of British nationality;
4. Rules applicable to the situation of civil servants and trainees in the
public service of British nationality; (5) application to British nationals
lawfully resident in France on the date of the withdrawal of the United
Kingdom from the European Union from the legislation relating to social
rights and social benefits; 5 ° Applicable to British nationals lawfully
resident in France on the date of withdrawal from the United Kingdom of
the European Union of legislation relating to social rights and social
benefits or, after that date, called upon to exercise a salaried
professional activity in companies established in the United Kingdom
on the date of the withdrawal of the United Kingdom from the European
Union having chosen to deploy in France after it; Amdt COM-18 6 °
control of goods and passengers to and from the United Kingdom and
veterinary and phytosanitary control of imports from the United
Kingdom; 6. Control of goods and passengers to and from the United
Kingdom and veterinary and phytosanitary control of imports from the
United Kingdom; (7) the carrying out of road transport operations of
goods or persons on the French national territory, including transit, by
persons established in the United Kingdom. 7 ° Carrying out operations
of road transport of goods or persons on French territory, including in
transit, by natural or legal persons established in the United Kingdom.
Amdt COM-20 Under the conditions of the first paragraph, the
Government is also empowered to take any other measure necessary to
deal with the situation of British nationals residing in France or carrying
on business there, as well as legal entities established in the United
Kingdom and exercising an activity in France. Under the conditions set
out in the first paragraph of this I, the Government is also empowered to
take any other measure necessary to deal with the situation of British
nationals residing in France or engaged in an activity there and of legal
persons established in the United Kingdom and exercising an activity in
France to preserve France's economic, financial, defense and security
interests. Amdt COM-11 COMPARATIVE TABLE - 163 - Text of the bill
Text adopted by the special committee at first reading II. (new) - The
orders referred to in I shall, until the entry into force, as the case may
be, of treaties or bilateral agreements between France and the United
Kingdom, to: 1 ° Draw the consequences of the absence of a
withdrawal agreement on the situation in France of British nationals; 2 °
Preserve economic activities on French territory; 3 ° Preserve flows of
goods and people from the United Kingdom; 4 ° Guarantee a high level
of health security in France; 5 ° Provide exemptions, simplified
administrative procedures and regularization periods for the legal or
natural persons concerned. Amdt COM-10 The orders provided for in
this Article may provide that measures granting United Kingdom
nationals or legal persons established in the United Kingdom treatment
more favorable than that of third country nationals or legal persons
established in third countries will cease to have effect if the United
Kingdom does not accord equivalent treatment to a date fixed by
decree. Such orders may provide that measures granting United
Kingdom nationals or legal persons established in the United Kingdom
more favorable treatment than that of third country nationals or legal
persons established in third countries shall cease to have effect if the
United Kingdom does not grant equivalent treatment. Amdts COM-10,
COM-12 III. (new) - Orders made under this section shall be made within
twelve months of the publication of this Act. Amdt COM-10 Article 2 In
order to draw the consequences of a withdrawal United Kingdom of the
European Union without an agreement concluded in accordance with
Article 50 of the Treaty on European Union, in particular with a view to
preserving the national interests and the situation of French nationals
and other persons to whom the right of the Union forbids different
treatment, the Government is authorised, under the conditions set out
in Article 38 of the Constitution, to make an order, within twelve months
of the publication of this law, of the measures within the scope of the
law which are necessary to permit: I. - Under the conditions provided for
in Article 38 of the Constitution, the Government is authorized to make
by ordinances the measures falling within the scope of the law to draw
the consequences of a withdrawal of the United Kingdom from the
European Union without an agreement concluded in accordance with
Article 50 of the Treaty on European Union, as regards: Amdt COM-13 1
° taking into account, for the opening and the determination of the
social rights, periods of insurance, activities or professional training
exercised or carried out in the United Kingdom before the date of its
withdrawal from the European Union; 1 ° The taking into account, for
the opening and the determination of the social rights, periods of
insurance, activities or professional training exercised or carried out in
the United Kingdom before the date of its withdrawal from the European
Union; 2 ° the taking into account of diplomas and professional
qualifications acquired or in the course of acquisition in the United
Kingdom on the date of its withdrawal from the European Union and the
professional experience acquired in the United Kingdom on the same
date; 2 ° Taking into account diplomas and professional qualifications
acquired or in the process of being acquired in the United Kingdom on
the date of his withdrawal from the European Union and professional
experience acquired in the United Kingdom on the same date and that
diplomas and professional qualifications forming part of a training
program integrating those obtained or in the process of acquisition at
March 30, 2019; Amdt COM-19 3 ° the pursuit by the beneficiaries of
licenses and authorizations for the transfer of products and materials to
the United Kingdom, issued pursuant to Articles L. 2335-10 and L.
2335-18 of the Defense Code before the date of the withdrawal of the
United Kingdom from the European Union, the supply of these products
and materials until the expiry of the term fixed by these licenses and
authorizations; 3 ° The pursuit by the beneficiaries of licenses and
authorizations for the transfer of products and materials to the United
Kingdom, issued pursuant to Articles L. 2335-10 and L. 2335-18 of the
Defense Code before the date of withdrawal from the United Kingdom of
the European Union, the supply of these products and equipment until
the expiry of the term fixed by these licenses and authorizations; 4 ° the
access of French entities to the interbank payment settlement and third
country delivery settlement systems, including the United Kingdom, by
ensuring the definitive nature of the payments made through these
systems, the continuity of the use of framework agreements in matters
4 ° The access of the French entities to the interbank payment and
settlement systems of third countries including the United Kingdom by
ensuring the settlements made through these systems, the continuity of
the use of the framework agreements in respect of financial services
and the securing of the conditions for the performance of the contracts
concluded prior to the loss of the recognition of the British entity's
licences in France; and securing the conditions for the execution of
contracts concluded prior to the loss of recognition of UK entity
approvals in France; 5 ° the continuity of the flows of passengers and
goods between France and the United Kingdom through the Channel
Tunnel to ensure France's compliance with its commitments as a
franchisor of the Channel Tunnel . 5 ° Continuity of passenger and
freight transport flows between France and the United Kingdom through
the Channel Tunnel to ensure France's compliance with its
commitments as a franchisor of the Channel Tunnel . II. (new) - The
orders provided for in I shall, until the entry into force, as the case may
be, of treaties or bilateral agreements between France and the United
Kingdom, to: 1 ° Preserve social and professional rights
French nationals and other persons to whom EU law prohibits different
treatment; 2 ° Preserve the interests of France in economic, financial,
defense and security. III. (new) - Orders made under this section shall be
made within twelve months of the publication of this Act. Amdt COM-13
Article 3 Article 3 Under the conditions provided for in Article 38 of the
Constitution, the Government is authorized to make an order, within six
months of the publication of this Act, of the measures within the scope
of the law made necessary by the prospect of a withdrawal of the United
Kingdom from the European Union, in order to provide for the particular
procedural rules applicable to work for the construction or the urgent
installation of premises, port, rail, airport and road facilities or
infrastructure required for the reestablishment of controls of goods and
passengers to or from the United Kingdom. I. - Under the conditions set
out in Article 38 of the Constitution, the Government is authorized to
take by order measures in the field of law rendered temporarily
necessary by the prospect of withdrawal from the United Kingdom of
the Union in order to provide for the simplified procedural regime
applicable to works for the urgent construction or improvement of port,
rail, airport and road premises, installations or infrastructures required
for the re-establishment of checks on goods and passengers at their
destination. or from the United Kingdom. Amdts COM-14, COM-21,
COM-22 In particular, the Government is authorized to make the
provisions of the provisions of this Article applicable to the provisions
of this Article: - 166 - MEASURES PREPARING FOR THE WITHDRAWAL
OF THE UNITED KINGDOM THE EUROPEAN UNION Text of the draft law
Text adopted by the Special Committee at first reading operations
referred to in the first paragraph directly related to the organization of
such controls, adaptations or derogations, in particular as regards
planning, urban planning, expropriation for reasons of public interest,
preservation of heritage, roads and transport, public ownership, public
commission, rules applicable to seaports, public participation and
environmental assessment, in order to adapt them the urgency of these
operations. operations referred to in the first paragraph directly related
to the organization of such controls, adaptations or derogations, in
terms of planning, urban planning, expropriation for reasons of public
utility, preservation of heritage, roads and transportation, public
ownership, public procurement, seaport rules, public participation and
environmental assessment, in order to adapt them to the urgency of
these operations. Amdt COM-23 The adjustments or derogations thus
instituted temporarily, while respecting the rights and freedoms
guaranteed by the Constitution, are strictly proportionate to the
objective of maintaining the security and fluidity of the transport flows.
Amdt COM-25 II. (new) - Orders made under this section shall be made
within six months of the publication of this Act. Amdt COM-14 Article 4
Article 4 A ratification bill shall be tabled in Parliament within six
months of the publication of the ordinances. For each of the orders
provided for in sections 1 to 3, a ratification bill shall be tabled in
Parliament within three months of its publication.