French Brexit Bill
French Brexit Bill
In accordance with this vote, the British Prime Minister formally notified, by
letter dated 29 March 2017 to the President of the European Council, the
intention of the United Kingdom to withdraw from the European Union and
Euratom on the basis of Article 50 of the Treaty on European Union (TEU) 1
(*). The United Kingdom was the first State to make use of this provision of
the TEU, which defines the procedure for withdrawing a Member State.
This deadline must allow the United Kingdom and the European Union to
negotiate, on the basis of Article 50 TEU, an agreement organising the
modalities for withdrawal from the United Kingdom. This agreement is
concluded on behalf of the European Union alone and not of its Member
States: as such, it is not subject to a national ratification procedure.
The stipulations which will define future relations between the European
Union and the United Kingdom will be negotiated on a separate legal basis,
relating to international agreements that the Union may conclude with third
countries (Article 216 et seq. Of the Treaty on the Functioning of the
European Union). the European Union2 (*)), only once will the United
Kingdom become a third State. On the other hand, Article 50 of the TEU
specifies that the withdrawal agreement is negotiated with the State wishing
to withdraw, "taking into account the framework of its future relations with the
Union". The framework for future relations must be the subject of a
declaration of a political nature, to which the withdrawal agreement will refer
In order to ensure the cohesion of the 27 Member States, the Council of the
European Union has entrusted the Commission with conducting the
negotiations on its behalf (declaration by the 27 Heads of State or
Government of 15 December 20163 (*), confirmed by the guidelines of the
European Council of 29 April 2017). The Commission systematically reports
to the European Council, the Council and its preparatory bodies on the
implementation of the mandate entrusted to it and also regularly informs the
European Parliament, which will have to approve the withdrawal agreement.
In accordance with the procedure laid down in Article 50 TEU, the Union has
defined its negotiating principles and objectives in the guidelines of the
European Council of 29 April 20174 (*) and the directives adopted by the
Council (General Affairs) on 22 next May5 (*).
Negotiations for the withdrawal of the United Kingdom from the European
Union were formally opened on 19 June 2017. In accordance with the
guidelines of the European Council of 29 April 2017, they take place
according to a sequenced approach.
The first phase of the negotiations, which took place from 19 June to 15
December 2017, focused on the withdrawal agreement and aimed at
providing legal certainty for citizens and businesses, and setting the terms for
separation and freedom from the rights and obligations of the United Kingdom
as a Member State. In this respect, a limited number of subjects were
considered strictly necessary for an orderly withdrawal from the United
Kingdom, in particular the acquired rights of citizens, the single financial
regulation and the special situation of Ireland.
Negotiations are still under way to settle the pending issues of the Withdrawal
Agreement. They should be completed in the autumn of 2018, to allow time
for ratification by both the European Union and the United Kingdom.
If this withdrawal agreement is signed and ratified, it will enter into force, in
principle, on March 30, 2019 (Article 168 of the draft withdrawal agreement in
its version of March 19, 2018). In such a case, a transitional period would
start from that date until 31 December 2020, during which all EU agreements
will continue to apply in the United Kingdom without it, however, being able to
continue to participate in the decision-making process of the Union. The
agreement on future relations between the European Union and the United
Kingdom will be negotiated during this period on the basis of Article 218
TFEU, the United Kingdom having become a third country.
Whatever happens, the Member States, the EU institutions and all relevant
actors must be prepared for the changes that will result from the withdrawal of
the United Kingdom from the European Union, as the Council has pointed
out. in its conclusions of 29 June last9 (*).
In this context, the purpose of this authorisation, which includes four articles,
is to enable the French authorities to react to all eventualities related to the
withdrawal of the United Kingdom, by adopting by order the measures within
the field of competence of the Member States which come under the domain
of the law.
It should be stressed that the content of the measures finally adopted will
depend primarily on the outcome of the current negotiations, which it is not
possible at this stage to anticipate. The Government may, in particular, waive
the adoption of such measures if conditions are not met for their adoption,
depending on the circumstances and in particular the reciprocal measures
adopted by the United Kingdom. These measures are also not intended to
replace the contingency measures that will be taken by the European Union
and can not, in any case, intervene in a field of competence of the European
Union.
(1) the right of entry and the right of residence in France of British
nationals
(4) the rules applicable to civil servants and trainees in the public
service of British nationality
Act No. 83-634 of 13 July 1983 on the rights and obligations of public
servants, known as the "Le Pors Act", provides that the status of civil servant
may be restricted to nationals of French nationality (Article 5) or, under certain
conditions, nationals of Member States of the European Union or of another
State Party to the Agreement on the European Economic Area other than
France (Article 5b).
Consequently, when the United Kingdom becomes a third State, its nationals
can no longer claim the status of a public official within the meaning of French
law.
In the event of withdrawal from the United Kingdom without agreement, the
social security coordination rules set out in Regulation 883/04 of the
European Parliament and of the Council of 29 April 2004 on the coordination
of social security systems and its regulation application 987/09 will no longer
apply between the United Kingdom and the Member States, including France.
The withdrawal will therefore have consequences for the opening and
determination of the social rights of British nationals and their dependents, as
well as for the determination of their eligibility for social minima. Legislative
adaptations are necessary to draw the consequences. They may also provide
for the contribution of British nationals and their dependents to certain
benefits, the assumption of which will no longer be the subject of financial
compensation by British social schemes.
(6) controls on goods and passengers to and from the United Kingdom
and veterinary and phytosanitary controls on import from the United
Kingdom.
A withdrawal of the United Kingdom from the European Union without
agreement would imply a reinstatement of the checks on goods and
passengers to and from the United Kingdom.
It would also involve a reinstatement of veterinary and phytosanitary controls
at the borders of the European Union for live animals, plants and animal and
plant products from the United Kingdom, or from other third countries but
transiting through the European Union. United Kingdom. Imports of this kind
from third countries to the European Union are indeed controlled at borders
because they can be a source of contamination and danger for human health,
animal health and plant health (agricultural crops and natural flora).
If the Union does not adopt unilateral contingency measures in this case, the
provisions of EU law do not prevent a Member State from adopting measures
with regard to a third State subject to it not affecting the law of the Union.
Lastly, it states that orders may provide that measures which grant British
natural or legal persons more favourable treatment than natural or legal
persons from third countries are conditional upon the grant of an equivalent
status to natural or legal persons who are French.
The set of measures provided for in the second article of the authorisation
aims at preserving national interests and the situation of French nationals and
other persons to whom Lavour law prohibits different treatment. Provisions
adopted by order on its basis must also be made within twelve months of its
publication.
The measure provided for in (1) of the second article aims at allowing for 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
In the event of withdrawal from the United Kingdom without agreement, the
social security coordination rules laid down in Regulation 883/04 and its
implementing Regulation 987/09 will no longer apply between the United
Kingdom and the Member States, whose France.
It follows that nationals, especially French, who leave the United Kingdom to
settle in France will no longer be able to be opened unemployment insurance
rights in France taking into account their periods of activity in the United
Kingdom, as is currently the case since they rework a minimum period in
France. It is proposed to make the necessary arrangements in this regard.
The measure provided for in (2) of the second article aims to allow 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 professional experience acquired in the United
Kingdom.
The measure provided for in (3) of the second Article aims to allow the
beneficiaries of licenses and authorisations for the transfer of products and
materials to the United Kingdom, issued pursuant to Articles L. 2335-10 and
L. 2335-18 of the Code. before the withdrawal of the United Kingdom, to
continue the supply of these products and equipment until the expiry of the
term fixed by these licenses and authorisations.
Given the estimated number of licenses that will be in effect at that date,
ranging from 1,000 to 1,500, the economic impact of a break in these
exchanges, and the administrative burden imposed by a new simultaneous
adoption of all licenses to the United Kingdom, the order will seek to
transform all these intra-Community transfer licenses into export licenses,
until the end of their initial validity.
This measure is also intended to allow the continuity of the use of the
framework agreements in the field of financial services and the securing of
the conditions of execution of the contracts concluded prior to the loss of the
recognition of the authorisations of the British entities in France.
The withdrawal of the United Kingdom from the European Union will lead to
the restoration of veterinary, sanitary, phytosanitary and safety controls and
customs formalities. These checks will have to be put in place on the day of
withdrawal in case of exit without agreement, or at the end of the transition
period in case of entry into force of the withdrawal agreement.
At present, with regard to the Channel / North Sea seaboard, border posts of
veterinary and phytosanitary border inspection services (SIVEP) are present
in Le Havre, Dunkirk, Saint Malo and Brest. However, they are not sized to
control all the batches coming from the United Kingdom or do not have
facilities approved for all types of flows (absence of control facilities for live
animals in Le Havre and Dunkirk in particular). In addition, the entry points to,
among others, Roscoff, Cherbourg, Caen-Ouistreham, Dieppe and Calais as
well as the Channel Tunnel do not have border posts to date.
To fulfil their obligations, these services need the provision by the operators of
premises adapted to the nature and volume of the flows introduced from the
United Kingdom. In addition, a location in a restricted access zone could be
retained in certain entry points, which should be subject to appropriate
security.
In addition, carrying out these checks will take a significant amount of time,
which will slow down the flow of traffic and may therefore quickly lead to
congestion in the port, rail and road infrastructures. In order to maintain the
fluidity of the port and ensure the safety of the various convoys, adequate
parking areas will have to be created.
They will have to be made before the withdrawal of the United Kingdom and
taking into account the arrangements that the other Member States will take.
Lastly, Article 4 of the Law sets a deadline of six months for draft ratification
laws to be tabled in Parliament after the publication of the ordinances.
LAW PROJECT
Decrees:
The present draft law authorising the Government to make by order the
measures of preparation to the withdrawal of the United Kingdom from the
European Union, deliberated in council of the ministers after opinion of the
Council of State, will be presented to the Senate by the minister of the Europe
and Foreign Affairs, which will be responsible for explaining the reasons and
supporting the discussion.
Article 1
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, in particular by adapting the ordinary law
to deal with current situations and by providing, as the case may be, for
derogations, the Government is authorised, under the conditions provided for
in Article 38 of the Constitution, to make an order, within twelve months of the
publication of this law, measures in the field of law that are necessary
because of this withdrawal, in:
(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
conditions;
(4) rules applicable to the situation of public servants and trainees in the
public service of British nationality;
(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.
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 favourable than that of third country nationals or legal
persons established in third countries shall cease to have effect if the United
Kingdom does not accord equivalent treatment to a date fixed by decree.
Article 2
(1)taking into account, for the opportunity for 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;
(3) the pursuit by the beneficiaries of licenses and authorisations for the
transfer of products and materials to the United Kingdom, issued pursuant to
Articles L. 2335-10 and L. 2335-18 of the Defence Code before the date 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 authorisations;
(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 financial
services and securing the conditions of 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 .
Article 3
Article 4
JEAN-YVES LE DRIAN