2021/2026(INL) | [ParlTrack]

Motion for a resolution
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 101 #

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

(b) specific rules for the activities of intermediaries. That should include detailed rules concerning the background checks, due diligence and security checks that the intermediaries are to carry out on applicants~~, including the obligation for them to contract independent third parties to verify those checks~~.

Amendment 102 #

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 RBI schemes from using the Union flag on any materials, website or documents.deleted

Amendment 103 #

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 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 104 #

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.

Amendment 105 #

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~~and best due diligence practices 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 RBI schemes.be followed by the intermediaries;

Amendment 106 #

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.

Amendment 107 #

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

(f) ~~a ban~~clear and transparent rules on combining the consultation of governments on the establishment and maintenance of RBI schemes with their involvement in the preparation of applications. Such a combination may creates a conflict of interest and provides the wrong incentives. Consequently, a baregulation 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 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.

Amendment 108 #

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.

Amendment 109 #

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

(g) a monitoring, investigations and sanctions framework to ensure that intermediaries comply with the regulation. The Commission, Union agencies and Member State authorities should be able to conduct undercover investigations, posing as potential applicants. Sanctions should include fines of up to 25 % of revenue and should, where infringements are established twice, lead to the revocation of the Union licence to operatequirements.

Amendment 11 #

Tom VANDENDRIESSCHE

Motion for a resolution
Recital G

G. Whereas 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 equality~~;

Amendment 110 #

Motion for a resolution
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 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 RBI schemes should remain with the Member States. The Union-level final check will also help to highlight several unsuccessful applications by the same individualcompetence to grant residence or not under RBI schemes should remain with the Member States.

Amendment 111 #

Motion for a resolution
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, including the number of instances in which citizenship or residency is denied due to lack of compliance with anti-money laundering provisions. Statistics should include a breakdown of the applicants by the country of origin and data on family members and dependents, who have gained rights via an RBI applicant. 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 112 #

Motion for a resolution
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 113 #

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.

Amendment 114 #

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 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)to detect double or subsequent applications should be set up among Member States.

Amendment 115 #

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).

Amendment 116 #

Motion for a resolution
Annex I – indent 9

— Member States should be required to effectively check physical residence 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.~~

Amendment 117 #

Motion for a resolution
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.

Amendment 118 #

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).

Amendment 119 #

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

Amendment 12 #

Motion for a resolution
Recital G

G. Whereas the operation of CBI schemes lead to the commodification of Union citizenship; whereas such commodification of rights ~~is not compatible with~~violates Union values, in particular equality;

Amendment 120 #

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

Amendment 121 #

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

Amendment 122 #

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

Amendment 123 #

— 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

Amendment 124 #

Motion for a resolution
Annex I – indent 13

— 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

Amendment 125 #

Motion for a resolution
Annex I – indent 13

— 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, based on appropriate data and information, 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~~a fair contribution to the Union budget. It is a matter of solidarity between the Member States ~~hav~~operating CBI and RBI schemes, and 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.~~

Amendment 126 #

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

Amendment 127 #

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

Amendment 128 #

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

Amendment 129 #

Motion for a resolution
Annex I – indent 15 – introductory part

— The Commission has made a welcome step by including RBI schemes prominently in its package of legislative proposals of 20 July 2021 to revise legal acts in the area of anti-money laundering and countering the financing of terrorism, especially where it concerns intermediaries. Twohree further elements should be included:

Amendment 13 #

Motion for a resolution
Recital H

H. Whereas Malta and Cyprus operate CBI schemes; whereas Cyprus announced on 13 October 2020 that it would suspend its CBI scheme, only processing applications received before November 2020; whereas some other Member States reward big investors with citizenship using extraordinary procedures;

Amendment 130 #

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));

Amendment 131 #

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.

Amendment 132 #

Motion for a resolution
Annex I – indent 15 – point b a (new)

(ba) enhanced due diligence measures recommended by the OECD to mitigate the risk posed by the RBI schemes to be foreseen for all obliged entities involved into the process.

Amendment 133 #

Motion for a resolution
Annex I – indent 15 a (new)

- In case a new regulation or any other legislative act concerning RBI schemes comes into force before the complete phase-out of CBI schemes, all rules shall apply to CBI schemes in order to avoid less strict controls for CBI schemes than for RBI schemes.

Amendment 134 #

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.

Amendment 135 #

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 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.

Amendment 136 #

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.

Amendment 137 #

Motion for a resolution
Annex I – indent 20

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

Amendment 138 #

Motion for a resolution
Annex I – indent 20

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

Amendment 139 #

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.

Amendment 14 #

Elena YONCHEVA, Cyrus ENGERER

Motion for a resolution
Recital I

I. Whereas Bulgaria, Cyprus, Estonia, Greece, Ireland, Italy, Latvia, Luxembourg, Malta, the Netherlands, Portugal and Spain currently operate RBI schemes with minimum investment levels ranging from EUR 60 000 (Latvia) to EUR 1 250 000 (the Netherlands); whereas attracting investment is a natural and vital method of maintaining well functioning economies of Member States, but as such should not pose legal and security risks to Union citizens;

Amendment 15 #

Motion for a resolution
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 16 #

Motion for a resolution
Recital M

M. Whereas CBI/RBI schemes may 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; whereas all the resulting risks should be properly assessed, and transparency with regard to the implementation and consequences of the schemes should be increased;

Amendment 17 #

Motion for a resolution
Recital M a (new)

Ma. Whereas CBI/RBI schemes have severe political, social and economic impacts, including creating macro- economic imbalances, pressuring the real estate sector, causing lack of access to housing, and eroding the security and integrity of the internal market, supplemented by impact on mobility and increased discrimination, deteriorating trust in the Union institutions, devaluating Union citizenship values and affecting the quality of evidence-based policy;

Amendment 18 #

Elena YONCHEVA, Cyrus ENGERER

Motion for a resolution
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 #

N. Whereas CBI/RBI schemes tend to be located in Member States that are particularly prone to risks related to financial secrecy, such as tax avoidance and money laundering, and corruption; whereas financial secrecy impedes the transparency of CBI/RBI schemes and disrupts trust among Member States;deleted

Amendment 2 #

Motion for a resolution
Citation 6 a (new)

— having regard to Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification1a, _________________ 1a OJ L 251, 3.10.2003, p. 12.

Amendment 20 #

Motion for a resolution
Recital N

N. Whereas some CBI/RBI schemes ~~tend to b~~are located in Member States that are particularly prone to risks related to financial secrecy, such as tax avoidance and money laundering, and corruption; whereas financial secrecy impedes the transparency of CBI/RBI schemes and disrupts trust among Member States;

Amendment 21 #

Motion for a resolution
Recital O

O. Whereas ~~Member States~~existing 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 ~~systematically~~on a regular basis;

Amendment 22 #

Motion for a resolution
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)

Ra. Whereas beneficiaries of CBI/RBI schemes, once granted their new status of citizenship or residency, immediately start to enjoy freedom of movement1a and of establishment within the Schengen zone; _________________ 1aResidence permits issued by Bulgaria, Croatia, Cyprus, Ireland and Romania do not automatically grant freedom of movement to third country nationals holders of those permits.

Amendment 24 #

Motion for a resolution
Recital T a (new)

Ta. Whereas in 2019 the Commission concluded that clear statistics on CBI/RBI applications received, accepted and rejected are missing or insufficient;

Amendment 25 #

Motion for a resolution
Paragraph 1

1. Considers that schemes granting nationality ~~or residence~~ primarily on the basis of a financial investment ~~(CBI/RBI schemes)~~, also known as ‘golden passports’ ~~or ‘golden visas’, are objectionable from an ethical and legal point of view~~pose several serious legal and security risks for Union citizens;

Amendment 26 #

Motion for a resolution
Paragraph 1

1. Considers that schemes granting nationality or residence primarily on the basis of a financial investment (CBI/RBI schemes), also known as ‘golden passports’ or ‘golden visas’, are objectionable from an ethical and legal point of view, as well as an economic point of view;

Amendment 27 #

Motion for a resolution
Paragraph 3

3. Holds that CBI schemes undermine the ~~essence of Union citizenship, which represents~~ cohesione of ~~the foremost achievements of Union integration, granting a unique and fundamental status to Union citizens and including the right to vote in European and local elect~~and support for the Unions;

Amendment 28 #

Tom VANDENDRIESSCHE

Motion for a resolution
Paragraph 5

5. Acknowledges that regulating the 5. acquisition of nationality is primarily a Member State competence but stresses that that competence needs to be exercised in good faith, in a spirit of mutual respect, transparently, in accordance with the principle of sincere cooperation and in full respect of Union law15; considers that where Member States do not act in full compliance with those standards and principles, a legal ground for Union action arises; considers that a Union competence could also arise on the basis of Article 21(1) of the Treaty on the Functioning of the European Union (TFEU) with respect to certain aspects of Member State nationality law16; _________________ 15 See the reasoning used in the Commission infringement procedures against Malta and Cyprus with respect to their investor citizenship schemes (https://ec.europa.eu/commission/presscorn er/detail/en/ip_20_1925) and the case law of the Court of Justice of the European Union: Judgment of the Court of 7 July 1992, Mario Vicente Micheletti and others v Delegación del Gobierno en Cantabria, C-369/90, ECLI:EU:C:1992:295; Judgment of the Court of 11 November 1999, Belgian State v Fatna Mesbah, C- 179/98, ECLI:EU:C:1999:549; Judgment of the Court of 20 February 2001, Judgment of the Court of 20 February 2001, The Queen v Secretary of State for the Home Department, ex parte: Manjit Kaur, C-192/99, ECLI:EU:C:2001:106; Judgment of the Court of 2 March 2010, Janko Rottman v Freistaat Bayern, C- 135/08, ECLI:EU:C:2010:104; and Judgment of the Court of 12 March 2019, M.G. Tjebbes and Others v Minister van Buitenlandse Zaken, C-221/17, ECLI:EU:C:2019:189. 16EPRS EAVA Study, pp. 43-44.

Amendment 29 #

Dragoş TUDORACHE

Motion for a resolution
Paragraph 5

5. Acknowledges that regulating the acquisition of nationality is primarily a Member State competence but stresses that that competence needs to be exercised in good faith, in a spirit of mutual respect, transparently, with due diligence and proper scrutiny, in accordance with the principle of sincere cooperation and in full respect of Union law15 ; considers that where Member States do not act in full compliance with those standards and principles, a legal ground for Union action arises; considers that a Union competence could also arise on the basis of Article 21(1) of the Treaty on the Functioning of the European Union (TFEU) with respect to certain aspects of Member State nationality law16 ; _________________ 15 See the reasoning used in the Commission infringement procedures against Malta and Cyprus with respect to their investor citizenship schemes (https://ec.europa.eu/commission/presscorn er/detail/en/ip_20_1925) and the case law of the Court of Justice of the European Union: Judgment of the Court of 7 July 1992, Mario Vicente Micheletti and others v Delegación del Gobierno en Cantabria, C-369/90, ECLI:EU:C:1992:295; Judgment of the Court of 11 November 1999, Belgian State v Fatna Mesbah, C- 179/98, ECLI:EU:C:1999:549; Judgment of the Court of 20 February 2001, Judgment of the Court of 20 February 2001, The Queen v Secretary of State for the Home Department, ex parte: Manjit Kaur, C-192/99, ECLI:EU:C:2001:106; Judgment of the Court of 2 March 2010, Janko Rottman v Freistaat Bayern, C- 135/08, ECLI:EU:C:2010:104; and Judgment of the Court of 12 March 2019, M.G. Tjebbes and Others v Minister van Buitenlandse Zaken, C-221/17, ECLI:EU:C:2019:189. 16 EPRS EAVA Study, pp. 43-44.

Amendment 3 #

Motion for a resolution
Citation 14

— having regard to its resolution of 16 January 2014 on EU citizenship for sale4 , of 26 March 2019 on financial crimes, tax evasion and tax avoidance4a, of 18 December 2019 on the Rule of Law in Malta following the recent revelations around the murder of Daphne Caruana Galizia5 , of 10 July 2020 on a comprehensive Union policy on preventing money laundering and terrorist financing - the Commission Action Plan and other recent developments6 , of 17 December 2020 on the EU Security Union Strategy7 ; of 29 April 2021 on the assassination of Daphne Caruana Galizia and the Rule of Law in Malta8 , _________________ 4 OJ C 482, 23.12.2016, p. 117. 4a OJ C 108, 26.3.2021, p. 8. 5 OJ C 255, 29.6.2021, p. 22. 6 OJ C 371, 15.9.2021, p. 92. 7 OJ C 445, 29.10.2021, p. 140. 8 Texts adopted, P9_TA(2021)0148

Amendment 30 #

Motion for a resolution
Paragraph 5 a (new)

5a. Calls on the Member States to simplify and speed up the naturalisation procedures applicable to permanently residing third country nationals, thus opening access to Union citizenship without commodification;

Amendment 31 #

Tom VANDENDRIESSCHE

Motion for a resolution
Paragraph 6

6. Believes that the advantageous conditions and fast-track procedures set for investors under CBI/RBI schemes~~, when compared to the conditions and procedures for other third-country nationals wishing to obtain international protection, residence or citizenship, are discriminatory, lack fairness and~~ undermine the integrity of the Union ~~asylum and~~ migration acquis;

Amendment 32 #

Motion for a resolution
Paragraph 6

6. Believes that the advantageous conditions and fast-track procedures set for investors under CBI/RBI schemes, when compared to the conditions and procedures for other third-country nationals wishing to obtain international protection, residence or citizenship~~, are discriminatory, lack fairness and~~ could contribute to undermineing the integrity of the Union asylum and migration acquis;

Amendment 33 #

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;

Amendment 34 #

Motion for a resolution
Paragraph 9

9. Considers that the role of intermediaries in developing and promoting ~~CBI/~~RBI schemes, as well as in preparing individual applications, often in the absence of transparency or accountability, represents a potential conflict of interest ~~prone to abuse~~ and therefore requires a strict ~~and binding regulation of~~framework for such intermediaries, beyond mere self- regulation and codes of conduct; asks for the cessation of the services of intermediaries in case of CBI schemes;

Amendment 35 #

Motion for a resolution
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 36 #

Motion for a resolution
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 37 #

Motion for a resolution
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; expresses concern regarding some Member States, where applications for citizenship are often accepted even though the applicants do not meet the security requirements;

Amendment 38 #

Motion for a resolution
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~~calls on the Member States dto ~~not always~~ consult the available Union databases and ~~do no~~to exchange information on the outcome of such checks and procedures~~, allowing for~~ in order to prevent successive applications for CBI/RBI schemes across the Union;

Amendment 39 #

Motion for a resolution
Paragraph 11

11. Regrets that the Group of Experts on Investor Citizenship and Residence Schemes, composed of Member State representatives, has not agreed on a common set of security checks as it was mandated to do by the end of 2019; ~~finds that that shows the limits of adopting an intergovernmental approach as regards the matter and underlines the need for Union action;~~

Amendment 4 #

Motion for a resolution
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 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 ; whereas the ease of obtaining citizenship or residence through the use of such schemes contrasts dramatically with the obstacles for seeking international protection, legal migration or naturalisation through conventional channels; _________________ 10 EPRS EAVA Study, table 9, p. 28-29.

Amendment 40 #

Motion for a resolution
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 41 #

Motion for a resolution
Paragraph 13

13. ICalls con~~cerned that where continuous and effective physical residence is not enforced by Member States,~~ the Member States to effectively enforce the necessary physical residence for third-country nationals ~~could~~wishing to obtain long-term residence status under the Long- Term Residence ~~Directive without five years of continuous and legal residence, which is a requirement under that~~ Directive;

Amendment 42 #

Motion for a resolution
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 43 #

Motion for a resolution
Paragraph 14

14. Welcomes 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; calls on the Commission, too, to carefully monitor Bulgaria’s CBI/RBI scheme;

Amendment 44 #

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;

Amendment 45 #

Motion for a resolution
Paragraph 15

15. Considers that Union anti-money laundering law is a crucial element to counter the risks posed by CBI/RBI schemes; welcomes the fact that the Commission’s package of legislative proposals of 20 July 2021 on anti-money laundering and on countering the financing of terrorism addresses RBI schemes, most notably by promoting the inclusion of intermediaries on the list of obliged entities; ~~considers, however, that gaps will still remain, such as the fact that public entities that process CBI/RBI applications will not be included on the list of obliged entities;~~

Amendment 46 #

Motion for a resolution
Paragraph 15

15. Considers that Union anti-money laundering law is ~~a crucial element~~one of the main elements needed to counter the risks posed by CBI/RBI schemes; welcomes the fact that the Commission’s package of legislative proposals of 20 July 2021 on anti-money laundering and on countering the financing of terrorism addresses RBI schemes, most notably by promoting the inclusion of intermediaries on the list of obliged entities; considers, however, that gaps will still remain, such as the fact that public entities that process CBI/RBI applications will not be included on the list of obliged entities;

Amendment 47 #

Motion for a resolution
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 48 #

Motion for a resolution
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 49 #

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 may be a factor; in this regard, welcomes the decision of the Montenegrin government to discontinue its investor citizenship scheme and underlines the importance of phasing out the investor citizenship scheme in Montenegro fully and effectively as soon as possible; _________________ 19Antigua and Barbuda, Dominica, Grenada, Saint Kitts and Nevis and Saint Lucia. 20Serbia, Albania, Turkey, Montenegro and North Macedonia.

Amendment 5 #

Motion for a resolution
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 50 #

Motion for a resolution
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 51 #

Motion for a resolution
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 52 #

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

Amendment 53 #