4 Amendments of Amelia ANDERSDOTTER related to 2011/0308(COD)
Amendment 28 #
Proposal for a directive
Recital 33
Recital 33
(33) The reports should serve to facilitate governments of resource-rich countries in implementingin implementing accountability and transparency standards equivalent to at least the EITI Principles and Criteria30 and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction. The report should incorporatand local and regional public authorities receive. In the reports by undertakings and public interest entities which are active in the extractive industry, in digital services and telecommunications infrastructure, in agriculture, in fisheries, in large scale energy production, in the construction sector or logging of primary forests, payments to governments shall also be disclosuresed on a country and project basis, where a "project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports, such as a" means an operational unit set up on the basis of one or more licences, concessions, geographical basin, etc and where payments have been attributed to such projectcontracts or other specific legal agreements which give rise to fiscal or parafiscal liabilities. In the light of the overall objective of promoting good governance in these countries, the materiality threshold of payments to be reported should be assessed in relation to the recipient government. Various criteria on materiality could be envisaged such as payments of an absoluteall be limited to projects for which the total amount, or a percentage threshold (such asf payments in excess of a percentage of a country's GDP) and these can be defined through a delegated acteds EUR 50 000. The reporting regime shouldall be subject to a review and a report by the Commission within fiveour years of the entry into force of the Directive. The review shouldall consider the effectiveness of the regime and take into account international developments including issues of competitiveness, access to knowledge and communication, food security and energy security. The review shouldall also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details, such as bank account information.
Amendment 31 #
Proposal for a directive
Article 36 – paragraph 1 – point 1
Article 36 – paragraph 1 – point 1
1. ‘Undertaking active in the extractive industry’ means an undertaking with any activity involving the exploration, discovery, development, and extraction of minerals, oil and natural gas deposits, as referred to in Section B-Divisions 05 to 08 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council34 ' means the highest level parent company publishing accounts within the European Union where the group of companies for which that parent company prepares consolidated financial statements includes subsidiary companies, branches, permanent establishments, joint ventures and associate undertakings.
Amendment 34 #
Proposal for a directive
Article 36 – paragraph 1 – point 4 a (new)
Article 36 – paragraph 1 – point 4 a (new)
4a. "Constituent entities" means those subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements that shall in whole or in part be considered members of the Undertaking to the extent that they are consolidated in the annual financial statements of that Undertaking.
Amendment 35 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make publicto prepare, have audited and make public, as part of their annual fiscal statements, a report on payments made to governments on an annual basis.