Activities of Jean-Jacob BICEP related to 2013/0110(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Council Directives 78/660/EEC and 83/349/EEC as regards disclosure of non-financial and diversity information by certain large companies and groups
Amendments (15)
Amendment 5 #
Proposal for a directive
Recital 7
Recital 7
(7) In providing this information, companies may rely on national frameworks, EU-based frameworks such as the Eco-Management and Audit Scheme (EMAS), and international frameworks such as the United Nations (UN) Global Compact,shall apply the Guiding Principles on Business and Human Rights implementing the UN ‘nited Nations (UN) “Protect, Respect and Remedy’” Framework, and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational EnterprisesECD Guidelines for Multinational Enterprises and may also rely on national frameworks, EU-based frameworks such as the Eco-Management and Audit Scheme (EMAS), and other international frameworks such as the UN Global Compact, the International Organisation for Standardisation (ISO) 26000, the International Labour Organization (ILO) Tripartite Declaration of principles concerning multinational enterprises and social policy, and the Global Reporting Initiative.
Amendment 6 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) To the extent necessary for an understanding of the company’s human rights, social and environmental impacts, the annual reports should include non- financial key performance indicators relevant to the particular business sector.
Amendment 7 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Member States should ensure that adequate and effective means exist to enforce full, accurate and credible disclosure of non-financial information by companies in compliance with the provisions of this Directive.
Amendment 10 #
Proposal for a directive
Recital 11
Recital 11
(11) The scope of these non-financial disclosure requirements should be defined by reference to the average number of employees, total assets and turnover. SMEs should be exempted from additional requirements, and the obligation to disclose a non-financial statement in the annual report should only apply to those companies whose average number of employees exceeds 2500, and exceed either a balance sheet total of EUR 2017.5 million or a net turnover of EUR 4035 million.
Amendment 16 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – indent iii
Article 46 – paragraph 1 – point b – indent iii
the risks related to these matters company’s activities, which are likely to cause, or have caused, severe adverse social, environmental and human rights impacts, and how the company manages those risks.
Amendment 19 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 3
Article 46 – paragraph 1 – point b – subparagraph 3
In providing such information, the company may rely on national, EU-based or international frameworks and, if so, shall specify which frameworks it has relied uponshall apply the Guiding Principles on Business and Human Rights implementing the United Nations “Protect, Respect and Remedy” Framework and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises. In addition, the company may also rely on national, EU-based or international frameworks and, if so, shall specify which frameworks it has relied upon. This provision shall apply without prejudice to the requirements of this Directive or to other European Union legislation or guidance containing more specific rules for companies’ non- financial disclosure.
Amendment 21 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point c
Article 46 – paragraph 1 – point c
To the extent necessary for an understanding of the company’s development, performance or position, and human rights, social and environmental impacts, the analysis shall include both financial and non-financial key performance indicators relevant to the particular business.
Amendment 22 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point c a (new)
Article 46 – paragraph 1 – point c a (new)
The European Commission shall develop guidance on the methodology and use of international standards and non-financial performance indicators in order to assist companies in their reporting.
Amendment 23 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point c b (new)
Article 46 – paragraph 1 – point c b (new)
The Commission shall publish the guidance and report to the European Parliament and Council on the development of guidance, at the latest 18 months after the adoption of the Directive.
Amendment 24 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point c c (new)
Article 46 – paragraph 1 – point c c (new)
The Commission shall establish a Non Financial Disclosure Guidance Board to support the implementation of non- financial reporting requirements and to involve stakeholders for the development of guidance on the methodology and use of international standards and non- financial performance indicators in a balanced and open way.
Amendment 29 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
For parent undertakings of undertakings to be consolidated that together exceed an average number of 2500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 2017.5 million or a net turnover of EUR 4035 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, taking into account the company’s complete supply chain, including the following:
Amendment 30 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – indent iii
Article 36 – paragraph 1 – subparagraph 3 – indent iii
the risks related to these matters linked to the company’s activities, which are likely to cause, or have caused, severe adverse social, environmental and human rights impacts, and how the company manages those risks.
Amendment 33 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 5
Article 36 – paragraph 1 – subparagraph 5
In providing such information, the consolidated annual report may rely on national, EU-based or international frameworks and if so, shall specify which frameworks it has relied uponmpany shall apply the Guiding Principles on Business and Human Rights implementing the United Nations “Protect, Respect and Remedy” Framework and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises. In addition, the company may also rely on national, EU-based or international frameworks and if so, shall specify which frameworks it has relied upon. This provision shall apply without prejudice to the requirements of this Directive or to other European Union legislation or guidance containing more specific rules for companies’ non- financial disclosure.
Amendment 36 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Directive 83/349/EEC
Article 36 – paragraph 5 b (new)
Article 36 – paragraph 5 b (new)
Amendment 37 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. No later than [three years after adoption of this Directive], the Commission shall review the provisions in Article 46 and report to the European Parliament and Council accompanied by legislative proposals if appropriate, regarding: - non-financial information disclosed in practice, including the coverage of the supply chain, whether this is effective, whether adequate guidance and methods are provided; - progress with non-financial reporting across the world; - the implementation of the UN “Protect, Respect and Remedy” Framework and its Guiding Principles as well as of the OECD Guidelines for Multinational Enterprises; - the use of indicators for land use, water use, greenhouse gas emissions, and use of materials; and - effectiveness of existing verification and enforcement mechanisms.