40 Amendments of Markus FERBER related to 2013/0110(COD)
Amendment 42 #
Proposal for a directive
-
-
The Committee on Economic and Monetary Affairs requests the Committee on Legal Affairs, as the committee responsible, to propose that 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 be rejected.
Amendment 42 #
Proposal for a directive
–
–
The European Parliament rejects the Commission proposal.
Amendment 44 #
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1a) In its Resolution of 6 February 2013 on corporate social responsibility (CSR) (2012/2097(INI)), the European Parliament made clear that, in a free society, charitable action can never be made compulsory as part of CSR. A CSR requirement would reduce people’s willingness to give. The European Parliament reaffirms this principle. It is essential that this form the basis of any amendment to Council Directives 78/660/EEC and 83/349/EEC.
Amendment 45 #
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) The European Parliament firmly rejects mandatory disclosure in respect of social and environmental engagement, particularly in the case of SMEs, since this leads to more bureaucracy and higher costs and hinders rather than promotes corporate social and environmental engagement.
Amendment 45 #
Proposal for a directive
Recital -1 a (new)
Recital -1 a (new)
(-1a) The European Parliament rejects any disclosure requirements imposed, in particular, on SMEs as regards social and environmental commitment, as these lead to more bureaucracy and high costs and are more likely to reduce the willingness of enterprises to pursue social and environmental goals than to boost this.
Amendment 46 #
Proposal for a directive
Recital -1 a (new)
Recital -1 a (new)
(-1a) In its resolution of 6 February 2013 on corporate social responsibility (CSR) (2012/2097(INI)), the European Parliament made it clear, as a matter of principle, that, in a free society, CSR can never make charitable action compulsory. Making CSR compulsory would reduce people's willingness to give. The European Parliament reaffirms that principle. It must form the basis of any amendment to Council Directives 78/660/EEC and 83/349/EEC.
Amendment 49 #
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Member States may be permitted to exempt companies from individual aspects of reporting. This applies to modifications of Directives 78/660/EEC, 83/349/EEC and 2013/34/EU.
Amendment 52 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companies should be required tolarge undertakings should include in their annual report a non-financial statement containing information relating to at least environmental matters, social and employee-related matters, respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the risks related to those matters.
Amendment 56 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Activities related to corporate social responsibility are voluntary and may not therefore be subject to audit.
Amendment 60 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Companies, in particular small and medium-sized enterprises, must under no circumstances be required to deliver non- financial statements regarding their voluntary social activities, since this would incur excessive administrative costs, destroy jobs and undermine rather than promote corporate social engagement.
Amendment 61 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, large companies should be required to include in their annual report a non-financial statement containing information relating to at least environmental matters, social and employee-related matters, respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the risks related to those matters.
Amendment 68 #
Proposal for a directive
Recital 6 f (new)
Recital 6 f (new)
(6f) Enterprises, particularly SMEs, must not in any way be required to disclose non-financial information about their voluntary social engagement. Any such requirement would lead to disproportionately high administrative costs, would contribute to the loss of jobs and would endanger CSR activity instead of promoting it.
Amendment 75 #
Proposal for a directive
Recital 10
Recital 10
(10) The European Council of 24 and 25 March 2011 called for the overall regulatory burden, in particular for small and medium-sized enterprises ("SMEs"), to be reduced at both European and national levels and suggested measures to increase productivity while the Europe 2020 Strategy for smart, sustainable and inclusive growth aims to improve the business environment for SMEs and to promote their internationalisation. Thus, according to the "‘think-small-first"’ principle, the disclosure requirements under Directive 78/660/EEC, Directive 83/349/EEC and Directive 82013/349/EECU should only apply to certain large undertakings and groups.
Amendment 77 #
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 thoslarge companies whose average number of employees exceeds 51000, and exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million.
Amendment 83 #
Proposal for a directive
Recital 15
Recital 15
Amendment 86 #
Proposal for a directive
Recital 16
Recital 16
Amendment 86 #
Proposal for a directive
Recital 10
Recital 10
(10) The European Council of 24 and 25 March 2011 called for the overall regulatory burden, in particular for small and medium-sized enterprises ("SMEs"), to be reduced at both European and national levels and suggested measures to increase productivity while the Europe 2020 Strategy for smart, sustainable and inclusive growth aims to improve the business environment for SMEs and to promote their internationalisation. Thus, according to the "‘think-small-first"’ principle, the disclosure requirements under Directive 78/660/EEC and, Directive 83/349/EEC and Directive 2013/34/EU should only apply to certain large undertakings and groups.
Amendment 92 #
Proposal for a directive
Recital 17
Recital 17
(17) Since tThe objective of this Directive, namely to increase the relevance, consistency and comparability of information disclosed by very large companies across the Union, cannot be sufficiently achieved by the Member States, and can therefore by reason of its effect be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve the pursued objective.
Amendment 94 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including the freedom to conduct a business, the principle of the voluntary nature of corporate social responsibility, respect for private life and, the protection of personal data, and the elementary principle that, in a free society, charitable actions can never be compulsory. This Directive has to be implemented strictly in accordance with these rights and principles.
Amendment 94 #
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 large companies whose average number of employees exceeds 51000, and exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million.
Amendment 96 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Should the supply chain of a large undertaking in third countries become disconnected from source and liability, significant risks may be posed not only to the undertaking itself, but also to the wider society in third countries, in particular in developing countries and emerging economies, as a result of its business operations. It is therefore important that large undertakings perform due diligence on their supply chains, in particular where they use subcontractors in developing countries and emerging economies. The particular policies should be disclosed in order to mitigate such risks, and stakeholders should be informed about the assessments they have undertaken.
Amendment 98 #
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 1
Article 46 – paragraph 1 – point b – subparagraph 1
(b) For large companies whose average number of employees during the financial year exceeds 51000 and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 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, including:
Amendment 101 #
Proposal for a directive
Recital 15
Recital 15
Amendment 104 #
Proposal for a directive
Recital 16
Recital 16
Amendment 110 #
Proposal for a directive
Recital 17
Recital 17
(17) Since tThe objective of this Directive, namely to increase the relevance, consistency and comparability of information disclosed by very large companies across the Union, cannot be sufficiently achieved by the Member States, and can therefore by reason of its effect be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve the pursued objective.
Amendment 112 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including the freedom to conduct a business, the principle that corporate social responsibility is voluntary, respect for private life and, the protection of personal data and the elementary principle that in a free society charitable action can never be compulsory. This Directive has to be implemented strictly in accordance with these rights and principles.
Amendment 113 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) If, in the supply chain of a large undertaking in third countries, the supply source becomes disconnected, so that the liability which actually exists is lost, considerable risks may arise not only for the undertaking itself but also for society in third countries, particularly developing countries and emerging economies, on account of such management. It is therefore important that large undertakings should review their supply chain in third countries with the appropriate care, particularly in sectors where subcontractors are used in developing countries and emerging economies. Corresponding measures in third countries should be disclosed in order to reduce such risks, and the parties concerned in third countries should be informed of the assessment performed.
Amendment 119 #
Proposal for a directive
Article 1 – point 1 – point -a
Article 1 – point 1 – point -a
Directive 78/660/EEC
Article 46 – paragraph -1 (new)
Article 46 – paragraph -1 (new)
- 1. Member States shall be free to exempt companies from individual aspects of reporting.
Amendment 124 #
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 1 – introductory wording
Article 46 – paragraph 1 – point b – subparagraph 1 – introductory wording
For large companies whose average number of employees during the financial year exceeds 51000 and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 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, including:
Amendment 134 #
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 78/660/EEC
Article 46 – point g
Article 46 – point g
Amendment 149 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 78/660/EEC
Article 46 – paragraph 5
Article 46 – paragraph 5
5. A company which is a subsidiary company shall be exempt from the obligations set out in paragraph 1(b), if the company and its subsidiaries are consolidated in the financial statements and annual report of another company and that consolidated annual report is drawn up in accordance with Article 36(1) of Directive 83/349/EEC. The persons conducting the audit shall check only whether the information referred to in paragraph 1(b) has been given.
Amendment 151 #
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 78/660/EEC
Article 46 a – paragraph 1 – point g
Article 46 a – paragraph 1 – point g
Amendment 156 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 78/660/CE
Article 53 a
Article 53 a
Amendment 160 #
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 51000 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 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, including the following:
Amendment 162 #
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 – introductory wording
Article 36 – paragraph 1 – subparagraph 3 – introductory wording
For parent undertakings of undertakings to be consolidated that together exceed an average number of 51000 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 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, including the following:
Amendment 189 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by […]15 at the latest. They shall forthwith communicate to the Commission the text of those provisions. __________________ 15 Two years after entry into force Five years after entry into force
Amendment 190 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Member States may provide that the provisions referred to in the first subparagraph shall first apply to undertakings governed by the law of a Member State whose transferable securities are admitted to trading on a regulated market of any Member State within the meaning of point 14 of Article 4(1) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments for the financial year starting on 1 January 201_16, and to all other undertakings within the scope of Articles 1 and 2 for the financial year starting on 1 January 201_17. __________________ 16 FirstSecond year after the transposition deadline 17 SeconThird year after the transposition deadline
Amendment 209 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – footnote 15
Article 3 – paragraph 1 – subparagraph 1 – footnote 15
15. TwoFive years after entry into force
Amendment 211 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 – footnote 16
Article 3 – paragraph 1 – subparagraph 2 – footnote 16
16. FirstSecond year after the transposition deadline
Amendment 212 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 – footnote 17
Article 3 – paragraph 1 – subparagraph 2 – footnote 17
17. SeconThird year after the transposition deadline