Activities of Vladimír BILČÍK related to 2021/2026(INL)
Shadow reports (1)
REPORT with proposals to the Commission on citizenship and residence by investment schemes
Amendments (41)
Amendment 8 #
Motion for a resolution
Recital D
Recital D
D. Whereas the existence of CBI/RBI schemes affects all Member States; whereas the operation of a CBI/RBI scheme by an individual Member State thusmay generates significant adverse externalities on other Member States; whereas those externalities warrant regulation by the Union;
Amendment 12 #
Motion for a resolution
Recital G
Recital G
G. Whereas the operation of CBI schemes lead to the commodification of Union citizenship; whereas such commodification of rights is not compatible withviolates Union values, in particular equality;
Amendment 14 #
Motion for a resolution
Recital I
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 16 #
Motion for a resolution
Recital M
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 20 #
Motion for a resolution
Recital N
Recital N
N. Whereas some CBI/RBI schemes tend to bare 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 24 #
Motion for a resolution
Recital T a (new)
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
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 viewpose several serious legal and security risks for Union citizens;
Amendment 32 #
Motion for a resolution
Paragraph 6
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 34 #
Motion for a resolution
Paragraph 9
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 offramework 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 38 #
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 thatcalls on the Member States dto not always consult the available Union databases and do noto 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
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 41 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. ICalls concerned 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 couldwishing 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 45 #
Motion for a resolution
Paragraph 15
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 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 57 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that, as CBI/RBI schemes constitute free riding and produce severerious consequences for the Union and the Member States, a financial contribution to the Union budget iscould be 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, submitasks the Commission to consider a proposal for the establishment of a new category of the Union’s own resources, consisting of a ‘CBI & RBI Adjustment Mmechanism’ that would place a levy of 50 % on the investments made in Member States as part of CBI/RBI schemes;
Amendment 59 #
Motion for a resolution
Paragraph 20
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 cCBI/RBI schemes should seek to bring greationer and growth because considerable amounts of investment are made directly into the real estate market or into fundsmeasurable added value to the Member States’ economy in terms of job creation, innovation and growth; 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; _________________ 21 EPRS EAVA Study, p. 36-39.
Amendment 63 #
Motion for a resolution
Paragraph 21 – introductory part
Paragraph 21 – introductory part
21. RequestAsks 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 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 66 #
Motion for a resolution
Paragraph 21 – point a
Paragraph 21 – point a
(a) increased due diligence and rigorous background checks, including of the family members of applicants;
Amendment 68 #
Motion for a resolution
Paragraph 21 – point b
Paragraph 21 – point b
(b) the regulation and limitation of the activities of intermediaries and, in the case of CBI schemes, the cessation of their services;
Amendment 77 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Requests that the Commission include in its proposal targeted revisions of existing Union legal acts that couldAsks the Commission to help to dissuade Member States from establishing harmful RBI schemes, such as further by strengthening legal acts in the field of anti-money laundering, and targeted changes toin the Long-Term Residence Directive;
Amendment 80 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Requests thatUrges 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 proposes that it be included in the accession criterianotes that under the revised Union enlargement methodology issues linked to CBI/RBI schemes are considered to be complex and dealt with across various negotiating clusters and chapters; underlines the importance of gradual and diligent alignment to Union law applicable to such schemes by candidate and potential candidate countries; stresses that continuous monitoring under the visa liberalisation process is key;
Amendment 83 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reminds the Commission President of ther repeated commitment to Parliament’s right of initiative and of her pledge to follow up on Parliament’s own-initiative legislative reports, contained in the Political Guidelines for the next European Commission 2019-2024; expects, therefore, the Commission to follow up on this resolution with concrete legislative proposals;
Amendment 84 #
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 88 #
Motion for a resolution
Annex I – indent 1
Annex I – indent 1
— A Union-wide notification and quotamonitoring system for the maximum number of citizenships to be acquired under CBI schemes across the Member States should be established with the numbers 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 89 #
Motion for a resolution
Annex I – subheading 2
Annex I – subheading 2
Proposal 2: a comprehensive rlegulational framework covering all RBI schemes in the Union
Amendment 92 #
Motion for a resolution
Annex I – indent 3
Annex I – indent 3
— To address the specificities and widespread occurrence of RBI schemes across the Member States, a dedicated Union legal framework in the form of a regulation is necessarys needed. Such a rlegulational framework will ensure Union harmonisationproper data and information collection on RBI schemes, limit the risks posed by RBI schemes and make RBI schemes subject to Union monitoring, thereby enhancing transparency and governance. The regulationat legal framework is also meant to discourage Member States from establishing harmful RBI schemes.
Amendment 93 #
Motion for a resolution
Annex I – indent 4
Annex I – indent 4
— The rlegulational framework 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. 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.
Amendment 97 #
Motion for a resolution
Annex I – indent 6 – introductory part
Annex I – indent 6 – introductory part
— An important element of the rlegulational framework should be the regulation ofquirements for intermediaries. The following should be included:
Amendment 98 #
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 should be considered. 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
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
Annex I – indent 6 – point c
Amendment 105 #
Motion for a resolution
Annex I – indent 6 – point e
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 leastand 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 107 #
Motion for a resolution
Annex I – indent 6 – point f
Annex I – indent 6 – point f
(f) a banclear 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 109 #
Motion for a resolution
Annex I – indent 6 – point g
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 110 #
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 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 114 #
Motion for a resolution
Annex I – indent 8
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 116 #
Motion for a resolution
Annex I – indent 9
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 120 #
Motion for a resolution
Annex I – indent 11
Annex I – indent 11
Amendment 125 #
Motion for a resolution
Annex I – indent 13
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 thata fair contribution to the Union budget. It is a matter of solidarity between the Member States havoperating 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 128 #
Motion for a resolution
Annex I – indent 14
Annex I – indent 14
Amendment 138 #
Motion for a resolution
Annex I – indent 20
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 prominentn integral part of the accession criterianegotiations.