Using the IMC abroad..

[421C]

Good. Declare your emergency, tell the controller (I wonder which one you are going to talk to in some parts of France) of your situation and that you have an instrument rating which you cant use in the aircraft or airspace in which you find yourself and therefore you have no alternative to ask him what to do. Mention while you are about it that there is 1,000 foot of undercast with tops way above the MSA and you were thinking about transitioning from VMC on top to VMC below

How can you possibly mangle and misrepresent a perfectly plain statement like: "Maintain VFR and either go back to get under the layer in VMC or divert to somewhere you can land at within your licence and rating privileges. If you can't, declare an emergency."
You know exactly what I meant by "declare an emergency". The controller I am going to talk to is the one relevant to this scenario: remember that? The mythical French airport I am flying to from the UK which goes from BKN forecast to actual OVC? Well, most French airports which are customs and provide a TAF have an ATC service (either based at the airport, or a approach service from a nearby airport or both). So if I really do find myself unexpectedly above this layer and without a safe alternative course of action then, of course, I declare that to ATC and either make a request or state my intentions as I judge fit to ensure the safety of the flight - but I will expect to account for my actions and judgement subsequently. Let's be clear, it takes a pretty contrived scenario to get to this point, but if I had written only "Maintain VFR and either go back to get under the layer in VMC or divert to somewhere you can land at within your licence and rating privileges", that would not be 100% complete advice and you'd no doubt have pointed that out.

I do find it extraordinary there is even a "debate" to be had on this.