Activities of Elena YONCHEVA related to 2021/2026(INL)
Shadow reports (1)
REPORT with proposals to the Commission on citizenship and residence by investment schemes
Amendments (20)
Amendment 1 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification1a (the 'Family Reunification Directive') _________________ 1a OJ L 251, 3.10.2003, p. 12.
Amendment 10 #
Motion for a resolution
Recital G
Recital G
G. Wwhereas the operation of CBI schemes lead to the commodification of Union citizenship; whereas such commodification of rights is not compatible with Union values, in particular equalityUnion has enacted measures to harmonise the pathways for legal migration to the Union and the rights attached to residence, such as the Long- Term Residence Directive;
Amendment 15 #
Motion for a resolution
Recital M
Recital M
M. Whereas CBI/RBI schemes pose a wide range of risks that include corruption, money laundering, security threats and tax avoidance; whereas those risks cannot be properly assessed because of a lack of transparency and are currently not sufficiently managed, resulting in weak vetting and a lack of due diligence with respect to applicants under CBI/RBI schemes in Member States;
Amendment 18 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. Whereas CBI/RBI schemes have a dual nature: the investment on the one hand and the residency/citizenship on the other, which requires a comprehensive approach when regulating that subject matter;
Amendment 19 #
Amendment 21 #
Motion for a resolution
Recital O
Recital O
O. Whereas Member Statesexisting Union law does not always consult Union databases for background checks on applicants under provide for systematic consultation of the Union large-scale IT systems for background checks on applicants under CBI/RBI schemes; whereas the existing Union and national rules does not require any vetting procedures to be performed before granting citizenship or residency under a CBI/RBI schemes; whereas Member States do not share the results of such checks and procedures systematicallyon a regular basis;
Amendment 22 #
Motion for a resolution
Recital Q
Recital Q
Q. Whereas the Commission initiative to establish a Group of Experts on Investor Citizenship and Residence Schemes was aimed at Member States’ representatives agreeing on a common set of security checks but did not propose such a common set of security checks; whereas that group has not met since 2019;
Amendment 23 #
Motion for a resolution
Recital R a (new)
Recital R a (new)
Amendment 40 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the fact that residency requirements to qualify under the RBI/CBI schemes of Member States do not always include continuous and effective physical presence and are difficult to monitor, thereby potentially attracting bad faith applicants who purchase national citizenship purely for the access it grants to the Union territory and its single market without any e attachment to the Member State in question;
Amendment 42 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights the fact that CBI/RBI schemes consist of two quasi-independent elements of one relationship, not as one element (investment) leading directly to a second element (residency or citizenship), and urges the Member States to treat these schemes taking that fact into account;
Amendment 51 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes with concern that the lack of common standards and harmonised rules governing CBI/RBI schemes may negatively affect the Union internal security and the free movement of persons within the Schengen area;
Amendment 54 #
Motion for a resolution
Paragraph 19
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;
Amendment 61 #
Motion for a resolution
Paragraph 21 – introductory part
Paragraph 21 – introductory part
21. Requests thatCalls on the Commission to submit, in 2022, on the basis of Article 79(2) and Articles 80, 82, 87 and 114 TFEU a proposal for an act legislative package 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:
Amendment 64 #
Motion for a resolution
Paragraph 21 – point a
Paragraph 21 – point a
(a) increased due diligence and rigorous background checks on the applicants and, where necessary, their family members, including mandatory checks against the Union large-scale justice and home affaires IT systems and vetting procedures in third countries;
Amendment 67 #
Motion for a resolution
Paragraph 21 – point a a (new)
Paragraph 21 – point a a (new)
(aa) increased due diligence and rigorous checks of the capital of the applicants and, where necessary, of the capital of their family members;
Amendment 71 #
Motion for a resolution
Paragraph 21 – point c
Paragraph 21 – point c
(c) obligations on Member States to report to the Commission regarding their CBI/RBI schemes and applications thereunder;
Amendment 72 #
Motion for a resolution
Paragraph 21 – point c a (new)
Paragraph 21 – point c a (new)
(ca) setting up a mechanism for exchange of information and coordination among the Member States on granted and rejected CBI/RBI applications;
Amendment 73 #
Motion for a resolution
Paragraph 21 – point d
Paragraph 21 – point d
(d) minimum physical residence requirements as a condition for acquiring residence under RBI schemes as well as a monitoring mechanism at Union level;
Amendment 75 #
Motion for a resolution
Paragraph 21 – point d a (new)
Paragraph 21 – point d a (new)
(da) monitoring mechanism for post- control of the compliance with the requirements of the schemes as well as regular reports on the added value of the schemes used by Member States;
Amendment 79 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Highlights the specific nature of RBI schemes and underlines that any changes to Union legislation introduced for those applying under RBI schemes should be targeted to that specific type of residency and should not adversely affect the rights of applicants for other types of residency such as students, workers and family members; notes that higher levels of security checks for applicants under RBI/CBI schemes should not be applicable to those who apply for residency under the existing residency schemes at Union level;