BETA

30 Amendments of Arlene McCARTHY related to 2013/0110(COD)

Amendment 51 #
Proposal for a directive
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companies should be required to include in their annual report a non-financial statement containing information relating to at least environmental matters, social and employeement-related matters, respect for human rights, anti-corruption and bribery matters. Such statement should refer to the company's supply chains, subcontractors and business relationships. The statement should include a description of the policies, and results, and the as well as an assessment of all current and potential risks related to those matters.
2013/11/11
Committee: ECON
Amendment 62 #
Proposal for a directive
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companlarge undertakings and public-interest entities should be required to include in their mannualagement report a non-financial statement containing information on undertakings' activity impact on society relating to at least environmental matters, social, gender and employee-related matters,ment matters, including social dialogue and respect of trade unions' rights, and respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the riskssignificant incidents occurred during the reporting period as well as an assessment of all current and potential risks to the undertaking and society related to those matters.
2013/11/15
Committee: JURI
Amendment 67 #
Proposal for a directive
Recital 7
(7) In providing thisnon-financial information, companies mayshall 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, the Guiding Principles on Business and Human Rights implementing the UN ‘Protect, Respect and Remedy’ Framework, the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises, 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. Companies shall specify which frameworks they have relied on.
2013/11/11
Committee: ECON
Amendment 67 #
Proposal for a directive
Recital 6 e (new)
(6e) The undertakings' activity impact on society should include the impacts generated by the activities of the undertaking as well as by other undertakings' activities that are linked to the reporting company by business relationships, such as joint venture initiatives and the supply and subcontracting chains.
2013/11/15
Committee: JURI
Amendment 96 #
Proposal for a directive
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 500, and exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 millionlarge undertakings and public-interest entities.
2013/11/15
Committee: JURI
Amendment 97 #
Proposal for a directive
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point a
(a) The annual report shall include a fair review of the development and performance of the company's business and of its position, together with a description of the principal risks and uncertainties that it faceidentified in the due diligence process.
2013/11/11
Committee: ECON
Amendment 101 #
Proposal for a directive
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b– subparagraph 1
(b) For companies whose average number of employees during the financial year exceeds 2500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also includtegrate a non-financial statement containing information regarding companies' activity and impact on society relating to at least environmental, social, gender and employeement matters, respect for human rights, anti- corruption and bribery matters. The review shall make particular reference to the companies' supply chains, subcontractors and business relationships, including:
2013/11/11
Committee: ECON
Amendment 108 #
Proposal for a directive
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1 – subpoint i
(i) a description of the policy, including medium and long term targets, pursued by the company in relation to these matters;
2013/11/11
Committee: ECON
Amendment 108 #
Proposal for a directive
Recital 16
(16) The obligation to disclose their diversity policies for their administrative, management and supervisory bodies with regard to gender and other aspects such as age, genderdisability, geographical diversity, educational and professional background should only apply to large listed companies. Therefore small and medium-sized companies that may be exempted from certain accounting obligations under article 27 of Directive 78/660/EEC should not be covered to by this obligation. Disclosure of the diversity policy should be part of the corporate governance statement, as laid down by Article 46a20 of Directive 78/660/EEC. Companies not having a such a diversity policy should not be obliged to put one in place, but they should clearly explain why this is the case2013/34/EU.
2013/11/15
Committee: JURI
Amendment 112 #
Proposal for a directive
Article 1 – point 1 – point a
(iii) the riskscurrent and potential risks for the company and society related to these matters and how the company manages those risks.
2013/11/11
Committee: ECON
Amendment 114 #
Proposal for a directive
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1 – subpoint iii b (new)
(iiib) an analysis of resource use, including at least land use, water use, greenhouse gas emissions and use of materials;
2013/11/11
Committee: ECON
Amendment 119 #
Proposal for a directive
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 2
Where a company does not pursue policies in relation to one or more of these matters, it shall provide an explanation for not doing so. The explanation shall contain a clear and reasoned justification for non- compliance including an assessment of the associated risks of non-compliance.
2013/11/11
Committee: ECON
Amendment 124 #
Proposal for a directive
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 3
In providing such information the company mayshall rely on national, EU-based or international frameworks and, if so, shall specify which frameworks it has relied upon.
2013/11/11
Committee: ECON
Amendment 125 #
Proposal for a directive
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point c
c) To the extent necessary for an understanding of the company's development, performance or position and impact on society, as well as its impact on human rights, social, employment and environmental matters, the analysis shall include both financial and non-financial key performance indicators relevant to the particular business.
2013/11/11
Committee: ECON
Amendment 131 #
Proposal for a directive
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1 – point iii a (new)
(iiia) an analysis of resource use, including at least land use, water use, greenhouse gas emissions and use of materials;
2013/11/15
Committee: JURI
Amendment 135 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 78/660/EEC
Article 46a – paragraph 1 – point g
(g) a description of the company's diversity policy for its administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversity, disability, educational and professional background, the objectives of this diversity policy, how it has been implemented and the results in the reporting period. If the company has no such policy, the statement shall contain a clear and reasoned explanation as to why this is the case.
2013/11/11
Committee: ECON
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 78/660/EEC
Article 53a – paragraph 1a (new)
1a. Enforcement Member States shall ensure that effective national procedures are in place to ensure compliance with the obligations of this Directive. These procedures shall be accessible to all persons and legal entities having a legitimate interest in ensuring the full and accurate disclosure of non- financial information.
2013/11/11
Committee: ECON
Amendment 141 #
Proposal for a directive
Article 1 – point 3 a (new) – point a
Directive 2013/34/EU
Article 18 – paragraph 2
(3a)Article 18 is amended as follows: (a) The following paragraph is inserted: '2a. In the notes to the financial statements large undertakings and all public-interest entities shall disclose, specifying by Member State and by third country in which it has an establishment, the following information on a consolidated basis for the financial year: a) name(s), nature of activities and geographical location; b) turnover; c) number of employees on a full time equivalent basis; d) value of assets and annual cost of maintaining those assets; e) sales and purchases; f) profit or loss before tax; g) tax on profit or loss; h) public subsidies received; i) parent companies shall provide a list of subsidiaries operating in each Member State or third country alongside the relevant data.’
2013/11/11
Committee: ECON
Amendment 157 #
Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 1
1. The consolidated annual report shall include a fair review of the development and performance of the business and of the position of the undertakings included in the consolidation taken as a whole, together with a description of the principal risks and uncertainties that they faceidentified in the due diligence process.
2013/11/11
Committee: ECON
Amendment 158 #
Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349/EEC
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 20 million or a net turnover of EUR 40 million, the review shall also include a non-financial statement containing information regarding companies' activity and impact on society, relating to at least environmental, social, gender and employeement matters, respect for human rights, anti- corruption and bribery matters, including the following:
2013/11/11
Committee: ECON
Amendment 167 #
Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – subpoint i
(i) a description of the policy, including medium and long term targets, pursued by the company in relation to these matters;
2013/11/11
Committee: ECON
Amendment 171 #
Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii
(iii) the riskscurrent and potential risks for the company and society related to these matters and how the company manages those risks.
2013/11/11
Committee: ECON
Amendment 177 #
Proposal for a directive
Article 2 a (new) – point b
Directive 2013/34/EU
Article 5 a (new)
(b) The following Article is inserted: Article 5a Enforcement Member States shall ensure that effective and adequate mechanisms are in place in order to ensure correct disclosure of non- financial information by companies, in accordance with the provisions of this Directive. Member States shall ensure that effective national procedures are in place to enforce compliance with the obligations of this Directive and that these procedures are available for all persons and legal entities having a legitimate interest, in accordance with national law, in ensuring that the provisions of this Directive are respected.
2013/11/15
Committee: JURI
Amendment 178 #
Proposal for a directive
Article 2 a (new) – point c
Directive 2013/34/EU
Article 18 – paragraph 2 a (new)
(c) In Article 18, the following paragraph is inserted: '2a. In the notes to the financial statements large undertakings and all public-interest entities shall disclose, specifying by Member State and by third country in which it has an establishment, the following information on a consolidated basis for the financial year: a) name(s), nature of activities and geographical location; b) turnover; c) number of employees on a full time equivalent basis; d) value of assets and annual cost of maintaining those assets; e) sales and purchases; f) profit or loss before tax; g) tax on profit or loss; h) public subsidies received; i) parent companies shall provide a list of subsidiaries operating in each Member State or third country alongside the relevant data.'
2013/11/15
Committee: JURI
Amendment 180 #
Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 5
In providing such information the consolidated annual report mayshall rely on national, EU-based or international frameworks and if so,. The company shall specify which frameworks it has relied upon.
2013/11/11
Committee: ECON
Amendment 182 #
Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 6
To the extent necessary for an understanding of such development, performance or position and impact on society, as well as its impact on human rights, social, employment and environmental matters, the analysis shall include both financial and non- financial key performance indicators relevant to the particular business.
2013/11/11
Committee: ECON
Amendment 185 #
Proposal for a directive
Article 2 a (new) – point d
Directive 2013/34/EU
Article 19 – paragraphs 1 a – 1e (new)
(d) In Article 19, the following paragraphs are inserted: '1a. For large undertakings and all public interest entities, the review shall also include a non-financial statement containing information on undertakings' activity impact on society relating to at least environmental, social, gender and employment matters, including social dialogue and respect for trade unions' rights, and respect for human rights, anti- corruption and bribery matters, including: (a) a description of the policy, including medium and long term targets, pursued by the undertaking in relation to these matters, also referring to due diligence processes implemented; (b) the results of these policies; (c) the significant incidents occurred during the reporting period in relation to these matters; (d) the current and potential risks for the undertaking and society related to these matters and how the undertaking manages those risks. Where the undertaking does not pursue policies in relation to one or more of these matters, the review shall provide an explanation for not doing so. The explanation shall contain a risk assessment of the decision of not pursuing policies relating to these matters. The undertakings' activity impact on society shall include the impacts generated by the activities of the undertaking as well as by other undertakings' activities that are linked to the reporting company by business relationships, such as joint venture initiatives and the supply and subcontracting chains. 1b. The Commission shall adopt, by means of delegated acts in accordance with Article 49, by the end of 2015, and regularly update, guidelines for the application of the measures of this Directive relating to the non-financial statement. These guidelines shall build on the Guiding Principles on Business and Human Rights implementing the United Nations "Protect, Respect and Remedy" Framework, the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises and Global Reporting Initiative. The guidelines shall contain general as well as sector based provisions. These guidelines shall contain sectoral Key Performance Indicators (KPIs) in the matters on which information has to be provided. The KPIs developed to measure the company's activity impact regarding environmental matters shall at least cover land use, water use, greenhouse gas emissions and use of materials. 1c. In providing the information defined in Paragraph 1(a) the undertaking shall rely on the guidelines for the application of the measures of this Directive relating to the non-financial statement, as from one year after their adoption. Before that time, the undertaking shall rely as minimum on 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. The undertaking may additionally rely also on national, EU-based or international frameworks and, if so, shall specify which frameworks it has relied upon. 1d. To the extent necessary for an understanding of the undertaking's development, performance or position and impact on society, the analysis referred to in paragraph 1 shall include both financial and non-financial key performance indicators relevant to the particular business. 1e. In providing the analysis referred to in paragraph 1, the management report shall, where appropriate, include references to, and additional explanations of, amounts reported in the annual financial statements.'
2013/11/15
Committee: JURI
Amendment 191 #
Proposal for a directive
Article 2 a (new) – point e
Directive 2013/34/EU
Article 20 – paragraph 1 – point f a (new)
(e) In Article 20(1), the following point is added: (fa) a description of the undertaking's diversity policy for its administrative, management and supervisory bodies with regard to gender and other aspects such as age, geographical diversity, disability, educational and professional background, the objectives of this diversity policy, how it has been implemented and the results in the reporting period.'
2013/11/15
Committee: JURI
Amendment 200 #
Proposal for a directive
Article 2 a (new) – point f
Directive 2013/34/EU
Article 29 – paragraphs 1a – 1 e (new)
(f) In Article 29, the following paragraphs are inserted: '1a. For the purposes of paragraph 1 of this Article, the review of parent undertakings of a large group shall also include a non-financial statement containing information on group's activity impact on society relating to at least environmental, social, gender and employment matters, including social dialogue and respect for trade unions' rights, and respect for human rights, anti- corruption and bribery matters, including: (a) a description of the policy, including medium and long term targets, pursued by the group in relation to these matters, also referring to due diligence processes implemented; (b) the results of these policies; (c) the significant incidents occurred during the reporting period in relation to these matters; (d) the current and potential risks for the group and society related to these matters and how the undertaking manages those risks. Where the group does not pursue policies in relation to one or more of these matters, the review shall provide an explanation for not doing so. The explanation shall contain a risk assessment of the decision of not pursuing policies relating to these matters. The group's activity impact on society shall include the impacts generated by the activities of the group as well as by other undertakings' activities that are linked to the reporting group by business relationships, such as joint venture initiatives and the supply and subcontracting chains. 1b. The Commission shall adopt, by means of delegated acts in accordance with Article 49 new Directive 2013/34, by the end of 2015, and regularly update, guidelines for the application of the measures of this Directive relating to the non-financial statement. These guidelines shall build on the Guiding Principles on Business and Human Rights implementing the United Nations "Protect, Respect and Remedy" Framework, the Organisation for Economic Co-operation and Development(OECD) Guidelines for Multinational Enterprises and the Global Reporting Initiative. The guidelines shall contain general as well as sector based provisions. These guidelines shall contain sectoral Key Performance Indicators (KPIs) in the matters on which information has to be provided. The KPIs developed to measure the company's activity impact regarding environmental matters shall at least cover land use, water use, greenhouse gas emissions and use of materials. 1c. In providing the information defined in Paragraph 1(a) the parent undertaking shall rely on the guidelines for the application of the measures of this Directive relating to the non-financial statement, as from one year after their adoption. Before that time, the parent undertaking shall rely as minimum on 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. The parent undertaking may additionally rely also on national, EU-based or international frameworks and, if so, shall specify which frameworks it has relied upon. 1d. To the extent necessary for an understanding of the group's development, performance or position and impact on society, the analysis referred to in paragraph 1 shall include both financial and non-financial key performance indicators relevant to the particular business. 1e. In providing the analysis referred to in paragraph 1, the management report shall, where appropriate, include references to, and additional explanations of, amounts reported in the annual financial statements.'
2013/11/15
Committee: JURI
Amendment 207 #
Proposal for a directive
Article 2 a (new) – point k
Directive 2013/34/EU
Article 51 a (new)
(k) The following Article is inserted: Article 51a Review of the non-financial statement referred to in Articles 19 and 29 The Commission shall review and report on the implementation and effectiveness of the provisions regarding non-financial statement. The review shall take into account international developments and assess the impact of other international regimes. It shall be completed by the end of 2016. The report shall be submitted to the European Parliament and to the Council, together with a legislative proposal, if appropriate.
2013/11/15
Committee: JURI