20 Amendments of Saskia BRICMONT related to 2021/2026(INL)
Amendment 2 #
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, _________________ 1a OJ L 251, 3.10.2003, p. 12.
Amendment 3 #
Motion for a resolution
Citation 14
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 4 #
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 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 13 #
Motion for a resolution
Recital H
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 17 #
Motion for a resolution
Recital M a (new)
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 30 #
Motion for a resolution
Paragraph 5 a (new)
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 36 #
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 48 #
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 56 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. BelievesConsiders that the phasing out of CBI schemes will require a transition period and believing 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 76 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Requests the Commission to ensure and uphold high regulatory standards for both CBI and RBI schemes in case a comprehensive regulation would apply to RBI schemes before the complete phase-out of CBI schemes;
Amendment 81 #
Motion for a resolution
Paragraph 23
Paragraph 23
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 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 potential candidate countries, and proposes that it be included in the accession criteria;
Amendment 94 #
Motion for a resolution
Annex I – indent 4
Annex I – indent 4
— The regulation should contain Union-level standards and procedures for increased due diligence and rigorous background checks for applicants. A proposal for a regulation is more than warranted, especially in light of the fact that the Group of Experts on Investor Citizenship and Residence Schemes never made any progress as regards those elements. In particular, all applicants must be structurally crosschecked against all relevant national, Union (SIS, VIS, ECRIS-TCN, ETIAS) and international (Interpol) databases by the Member State authorities while respecting fundamental rights standards. There should also be an independent verification of documents submitted, a full background check of all police records and involvement in previous and current civil and criminal litigation, in- person interviews with the applicants and a thorough verification of how the applicant’s wealth was accumulated and its relation to the reported income. It should be allowed to extend time limits for the proper due diligence process and to annul positive decisions retroactively in cases of misrepresentation or fraud.
Amendment 96 #
Motion for a resolution
Annex I – indent 5
Annex I – indent 5
— The practice of joint applications, where a main applicant and family members can be part of the same application, should be forbidden: only individual applications subject to individual and rigorous checks should be allowed, while taking into account the links between applicants. Rigorous checks should also apply when residency rights can be pursued by family members of successful applicants under family reunification rules or other similar provisions.
Amendment 99 #
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 111 #
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, 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 129 #
Motion for a resolution
Annex I – indent 15 – introductory part
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 132 #
Motion for a resolution
Annex I – indent 15 – point b a (new)
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)
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 135 #
Motion for a resolution
Annex I – indent 19
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 137 #
Motion for a resolution
Annex I – indent 20
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.