12 Amendments of Konstantinos ARVANITIS related to 2021/2026(INL)
Amendment 5 #
Motion for a resolution
Recital C
Recital C
C. Whereas several Member States operate citizenship by investment (CBI) and residence by investment (RBI) schemes that confer citizenship or resident status upon third-country nationals in exchange for primarily financial considerations in the form of ‘passive’ capital investments; whereas such CBI/RBI schemes are characterised by having minimal to no physical presence requirements and offering a ‘fast track’ to residency or citizenship status in a Member State compared to conventional channels; whereas application processing times vary substantially between Member States10 ; _________________ 10 EPRS EAVA Study, table 9, p. 28-29.
Amendment 6 #
Motion for a resolution
Recital D
Recital D
D. Whereas the existence of CBI/RBI schemes affects all Member States because a decision by one Member State to grant citizenship for investment automatically confers rights in relation to other Member States, in particular free movement rights, the right to vote and stand as a candidate in local and European elections, the right to consular protection, if unrepresented outside the Union, and rights of access to the internal market to exercise economic activities; whereas the operation of a CBI/RBI scheme by an individual Member State thus generates significant externalities on other Member States; whereas those externalities warrant regulation by the Union;
Amendment 35 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deplores the lack of comprehensive security checks, vetting procedures and due diligence in Member States that have CBI/RBI schemes in place; regrets that Member States do not always consult the available Union databases and do not exchange information on the outcome of such checks and procedures, allowing for successive applications across the Union; considers that Member States' authorities must have in place adequate processes for vetting CBI/RBI applicants and must not rely on background checks and due diligence procedures carried out by non-state actors as granting residency and citizenship rights is the responsibility of the State;
Amendment 47 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that applications under CBI/RBI schemes are particularly difficult to monitor and assess where they concern joint applications that include different family members; notes that under certain national RBI schemes residency rights may be granted based on family, personal or other ties to the main applicants; notes that family reunification rights under Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification18 apply after obtaining residency status in a Member State, thus allowing family members to enter the Union without further specific checks normally required under RBI schemes; _________________ 18 OJ L 251, 3.10.2003, p. 12.
Amendment 50 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a risk stems from third countries that have CBI schemes and that benefit from visa-free travel to the Union19 because third-country nationals can purchase citizenship of that third country with the sole purpose of being able to enter the Union without any additional screening; stresses that risks are exacerbated for Union candidate countries that have CBI/RBI schemes20 because the expected benefits of future Union membership and visa-free travel within Schengen may be a factor; _________________ 19Antigua and Barbuda, Dominica, Grenada, Saint Kitts and Nevis and Saint Lucia. 20Serbia, Albania, Turkey, Montenegro and North Macedonia.
Amendment 55 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. BConsiders that the phasing out of CBI schemes will require a transition period and 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, alsofor both schemes until all CBI schemes are completely phased out, 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;
Amendment 60 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
Amendment 87 #
Motion for a resolution
Annex I – indent 1
Annex I – indent 1
— A Union-wide notification and quota system, strictly applicable only for the existing programmes, 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).
Amendment 100 #
Motion for a resolution
Annex I – indent 6 – point a
Annex I – indent 6 – point a
(a) a Union-level licensing procedure for intermediaries containing a thorough procedure with due diligence and auditing of the intermediary company, its owners and its related companies. The license should be subject to renewal every second year and be featured in a public Union register for intermediaries. Where intermediaries are involved in applications, Member States should only be allowed to process such applications when prepared by Union-licensed intermediaries. Applications for licensing should be made to the Commission, to be supported by the relevant Union agencies, in particular the European Border and Coast Guard Agency (Frontex) and the European Union Agency for Law Enforcement Cooperation (Europol), in carrying out the checks and procedure.
Amendment 103 #
Motion for a resolution
Annex I – indent 6 – point c
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 RBI schemes from using the Union flag on any materials, website or documents and from associating the RBI to any benefits linked to the Treaties and to the rights under the acquis.
Amendment 112 #
Motion for a resolution
Annex I – indent 7
Annex I – indent 7
— A duty for Member States to report to the Commission regarding their RBI schemes should be introduced. The Member States should submit a detailed annual reports to the Commission on the overall institutional and governance elements of their schemes. These annual reports should be made publicly available with due respect for data protection regulations. They should also report on individual applications and on rejections and approvals of applications as well as on monitoring mechanisms while having clear monitoring periods. 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 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.
Amendment 117 #
Motion for a resolution
Annex I – indent 9
Annex I – indent 9
— Member States should be required to effectively check physical residence, preferably by establishing maximum periods of absence, on their territory and to keep a record of it, which the Commission and Union agencies can consult. That should include at least biannual in-person reporting appointments and on-site visits to the domicile of the individuals concerned.