BETA

28 Amendments of Patryk JAKI related to 2021/2026(INL)

Motion for a resolution
Recital G

G. Whereas the operation of CBI schemes without common rules leads to the unilateral commodification of Union citizenship; whereas such ~~commodification of rights is not~~action may raise reasonable doubts regarding compatibleility with Union values, in particular equality;

2021/12/15
Committee: LIBE

Motion for a resolution
Paragraph 7

7. Considers that CBI schemes ~~need to be distinguished from RBI schemes because of the severity of the difference in the risks they pose and hence~~are in principle similar to RBI schemes and hence both necessitate tailored Union legislative and policy approaches; acknowledges in ~~that respect~~particular the link between RBI schemes and citizenship because acquired residence may ease access to citizenship;

2021/12/15
Committee: LIBE

Motion for a resolution
Paragraph 14

14. ~~Welcom~~Notes the infringement procedures launched in October 2020 by the Commission against Cyprus and Malta concerning their CBI schemes; calls on the Commission to ~~advance those procedures and to~~ initiate infringement procedures against Member States for RBI schemes, where justified;

2021/12/15
Committee: LIBE

Motion for a resolution
Paragraph 18

18. Considers that, in light of the particular risks posed by CBI schemes and their inherent incompatibility with the principle of sincere cooperation, CBI schemes should be phased out fully across the Member States and requests that the Commission submit, in 2022, on the basis of Article 21(2), Article 79(2) and Article 114 TFEU, a proposal for an act to that end;deleted

2021/12/15
Committee: LIBE

Motion for a resolution
Paragraph 19

19. Believes that, as CBI/RBI schemes constitute free riding and produce severe consequences for the Union and the Member States, a financial contribution to the Union budget is warranted, also as a concrete expression of solidarity following from, inter alia, Article 80 TFEU; requests, therefore, that the Commission, in 2022, on the basis of Article 311 TFEU, submit a proposal for the establishment of a new category of the Union’s own resources, consisting of a ‘CBI & RBI Adjustment Mechanism’ that would place a levy of 50 % on the investments made in Member States as part of CBI/RBI schemes;deleted

2021/12/15
Committee: LIBE

Motion for a resolution
Paragraph 20

20. Considers that the contribution of the CBI/RBI schemes to the Member States’ real economy is limited and does not sufficiently add to job creation and growth because considerable amounts of investment are made directly into the real estate market or into funds; considers that the large investments associated with CBI/RBI schemes could impact financial stability, particularly in small Member States where inflows could represent a large share of GDP or foreign investment21; requests that the Commission submit, in 2022, on the basis of Article 79(2) and Articles 80, 82, 87 and 114 TFEU, a proposal for an act that would include Union-level rules on investments under RBI schemes in order to strengthen their added value to the real economy and provide links to the priorities for the economic recovery of the Union; _________________ 21EPRSdeleted EAVA Study, pp. 36-39.

2021/12/15
Committee: LIBE

Motion for a resolution
Paragraph 21 – introductory part

21. Requests that the Commission submit, in 2022, on the basis of Article 79(2) and Articles 80, 82, 87 and 114 TFEU a proposal for an act that would comprehensively regulate various aspects of CBI/RBI schemes with the aim of harmonising standards and procedures and strengthening the fight against organised crime, money laundering, corruption and tax evasion, covering, inter alia, the following elements:

2021/12/15
Committee: LIBE

Motion for a resolution
Paragraph 22

22. Requests that the Commission include in its proposal targeted revisions of existing Union legal acts that could help to dissuade Member States from establishing harmful CBI/RBI schemes, such as further strengthening legal acts in the field of anti- money laundering, and targeted changes to the Long-Term Residence Directive;

2021/12/15
Committee: LIBE

23. Requests that the Commission exert as much pressure as possible to ensure that third countries that have CBI/RBI schemes in place and that benefit from visa free travel under Annex II to Regulation (EU) 2018/1806 ~~abolish their CBI schemes and~~ reform their CBI/RBI schemes to bring them in line with Union law and standards and that the Commission submit, in 2022, on the basis of Article 77(2), point (a), TFEU, a proposal for an act that would amend Regulation (EU) 2018/1806 in that regard; requests that specific attention in that regard be paid to candidate countries and proposes that it be included in the accession criteria;

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – subheading 1

Proposal 1: a Union-wide ~~gradual phasing out of~~action on CBI schemes ~~by 2025~~

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 1

— A Union-wide notification and quota system for the maximum number of citizenships to be acquired under CBI schemes across the Member States should be established with the number to be gradually lowered each year, reaching zero in 2025, thereby leading to the complete phasing out of CBI schemes. Such a gradual phasing out will allow those Member States maintaining CBI schemes to find alternative means to attract investment and sustain their public finances. Such a phasing out is in line with the previous position of Parliament expressed in several resolutions and is necessary in light of the profound challenge that CBI schemes pose to the principle of sincere cooperation under the Treaties (Article 4(3) TEU).

2021/12/15
Committee: LIBE

Proposal 2: a comprehensive regulation covering all CBI/RBI schemes in the Union

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 3

— To address the specificities and widespread occurrence of CBI/RBI schemes across the Member States, a dedicated Union legal framework in the form of a regulation is necessary. Such a regulation will ensure Union harmonisation, limit the risks posed by CBI/RBI schemes and make CBI/RBI schemes subject to Union monitoring, thereby enhancing transparency and governance. The regulation is also meant to discourage Member States from establishing harmful CBI/RBI schemes.

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 6 – point c

(c) a Union-wide ban on ~~marketing practices for RBI schemes. That should include prohibiting~~ intermediaries processing applications under CBI/RBI schemes from using the Union flag on any materials, website or documents.

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 6 – point e

(e) anti-corruption measures to be adopted within the intermediary, including on appropriate staff remuneration, the two- person rule (that every step is checked by at least two persons) and provisions for a second opinion when preparing applications and carrying out checks on applications, and a rotation of staff members across the countries of origin of applicants under CBI/RBI schemes.

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 6 – point f

(f) a ban on combining the consultation of governments on the establishment and maintenance of CBI/RBI schemes with their involvement in the preparation of applications. Such a combination creates a conflict of interest and provides the wrong incentives. Consequently, a ban on public affairs lobbying or consulting is required for intermediaries and for affiliated industry representation organisations. Furthermore, intermediaries should not be allowed themselves to implement CBI/RBI schemes for Member State authorities. Intermediaries should only be allowed to act as intermediaries in individual applications and only when being approached by individual applicants.

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 7

— A duty for Member States to report to the Commission regarding their CBI/RBI schemes should be introduced. The Member States should submit a detailed annual report to the Commission on the overall institutional and governance elements of their schemes. They should also report on individual applications and on rejections and approvals of applications. The Commission should carry out, in cooperation with Europol (including through its liaison officers in third countries) and Frontex, Union-level final checks of applications against the relevant Union and international databases and should also carry out further security and background checks. On that basis, the Commission should issue an opinion to the Member State. The competence to grant residence or not under CBI/RBI schemes should remain with the Member States. The Union-level final check will also help to highlight several unsuccessful applications by the same individuals.

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 8

— A system for prior notification to and consultation with all other Member States prior to granting residence under an CBI/RBI scheme should be set up. If a Member State does not object within 14 days, that will mean they have no objection to the granting of residence1. That will allow Member States to detect double or subsequent applications and will allow Member States to conduct checks in national databases that might not be available at Union level. _________________ 1Similar to the system set out in Article 22 of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 10

— To combat tax avoidance, specific Union measures to prevent and tackle the circumvention of the Common Reporting Standard through CBI/RBI schemes, in particular the enhanced exchange of information between tax authorities, should be introduced2. _________________ 2 See: Preventing abuse of residence by investment schemes to circumvent the CRS, OECD, 19 February 2018; Council Directive 2014/107/EU of 9 December 2014 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation (OJ L 359, 16.12.2014, p. 1).

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 11

— Rules on the types of investments required under RBI schemes should be introduced. 75 % of the required investment should consist of productive investments in the real economy, in line with the priority areas of green and digital growth under the Recovery and Resilience Facility. Investment in real estate, investment or trust funds or in government bonds or payments directly into the Member State budget should not represent more than 25 % of the invested amount. Furthermore, any payments directly into the Member State budget should not be eligible as revenue for the purposes of the Stability and Growth Pact.deleted

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – subheading 3

~~Proposal 3: a new category of the Union’s own resources, consisting of a ‘CBI and RBI adjustment mechanism’~~deleted

2021/12/15
Committee: LIBE

— As all Member States and the Union institutions are confronted with the risks and costs of the CBI and RBI schemes operated by some Member States, a common mechanism to offset the negative consequences of CBI and RBI schemes is justified. Moreover, the value of selling Member State citizenship or visas is inherently linked to the Union rights and freedoms that come with it. By establishing a CBI and RBI adjustment mechanism, the negative consequences borne by all Member States are compensated through that contribution to the Union budget. It is a matter of solidarity between the Member States having CBI and RBI schemes, the other Member States and the Union institutions. In order for that mechanism to be effective, the levy payable to the Union should be set at a minimum of 50 % of the investment made.deleted

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 14

— The mechanism could be established under Article 311 TFEU, which stipulates that “the Union shall provide itself with the means necessary to attain its objectives and carry through its policies”, including the possibility to “establish new categories of own resources or abolish an existing category”. Further implementing measures could be adopted in the form of a regulation. Something similar was done for the Plastics Own Resource that has been in place since 1 January 2021. That option does involve a rather lengthy process of formal adoption of an own resources decision, linked to the respective national constitutional requirements for approving it. This could be combined with the legal basis of Article 80 TFEU which stipulates “the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States”, including in the area of immigration.deleted

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 15 – point a

(a) public authorities engaged in processing applications under CBI/RBI schemes to be included on the list of obliged entities under legal acts in the area of anti-money laundering and countering the financing of terrorism, specifically in Article 3, point (3), of the proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (2021/0239(COD));

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 15 – point b

(b) greater exchange of information on applicants under CBI/RBI schemes between the Member State authorities under legal acts in the area of anti-money laundering and countering the financing of terrorism, specifically between the Financial Intelligence Units.

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 16

— The Commission should, when it comes forward with its expected proposals for the revisions of the Long-Term Residence Directive, limit the possibility of third-country nationals who have obtained residence under an CBI/RBI scheme from benefitting from more favourable treatment under that Directive. That could be achieved by amending Article 13 of the current Long-Term Residence Directive to narrow its scope of application by expressly excluding beneficiaries of CBI/RBI schemes.

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 19

— A new article should be added to Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)3 on cooperation with third countries on ~~phasing out their CBI schemes and~~ bringing their CBI/RBI schemes in line with the new Regulation proposed under proposal 2 above. Such a new article could follow the logic of Article 25a of the current Visa Code, providing for positive and negative incentives for third countries, aiming to limit the risks of third-country CBI and RBI schemes. _________________ 3 OJ L 243, 15.9.2009, p. 1.

2021/12/15
Committee: LIBE

Motion for a resolution
Annex I – indent 20

— For candidate countries, ~~the complete phase-out of CBI schemes and~~ the strict regulation of CBI/RBI schemes should be a prominent part of the accession criteria.

2021/12/15
Committee: LIBE