30 Amendments of Arlene McCARTHY related to 2013/0110(COD)
Amendment 51 #
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 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.
Amendment 62 #
Proposal for a directive
Recital 6
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.
Amendment 67 #
Proposal for a directive
Recital 7
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.
Amendment 67 #
Proposal for a directive
Recital 6 e (new)
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.
Amendment 96 #
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 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.
Amendment 97 #
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 a
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.
Amendment 101 #
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 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:
Amendment 108 #
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 – subpoint i
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;
Amendment 108 #
Proposal for a directive
Recital 16
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.
Amendment 112 #
Proposal for a directive
Article 1 – point 1 – point a
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.
Amendment 114 #
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 – subpoint iii b (new)
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;
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 – point b – subparagraph 2
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.
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 3
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.
Amendment 125 #
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
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.
Amendment 131 #
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 – point iii a (new)
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;
Amendment 135 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 78/660/EEC
Article 46a – paragraph 1 – point g
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.
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 78/660/EEC
Article 53a – paragraph 1a (new)
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.
Amendment 141 #
Proposal for a directive
Article 1 – point 3 a (new) – point a
Article 1 – point 3 a (new) – point a
Directive 2013/34/EU
Article 18 – paragraph 2
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.’
Amendment 157 #
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 1
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.
Amendment 158 #
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 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:
Amendment 167 #
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 – subpoint i
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;
Amendment 171 #
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 – subpoint iii
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.
Amendment 177 #
Proposal for a directive
Article 2 a (new) – point b
Article 2 a (new) – point b
Directive 2013/34/EU
Article 5 a (new)
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.
Amendment 178 #
Proposal for a directive
Article 2 a (new) – point c
Article 2 a (new) – point c
Directive 2013/34/EU
Article 18 – paragraph 2 a (new)
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.'
Amendment 180 #
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 mayshall rely on national, EU-based or international frameworks and if so,. The company shall specify which frameworks it has relied upon.
Amendment 182 #
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 6
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.
Amendment 185 #
Proposal for a directive
Article 2 a (new) – point d
Article 2 a (new) – point d
Directive 2013/34/EU
Article 19 – paragraphs 1 a – 1e (new)
Article 19 – paragraphs 1 a – 1e (new)
Amendment 191 #
Proposal for a directive
Article 2 a (new) – point e
Article 2 a (new) – point e
Directive 2013/34/EU
Article 20 – paragraph 1 – point f a (new)
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.'
Amendment 200 #
Proposal for a directive
Article 2 a (new) – point f
Article 2 a (new) – point f
Directive 2013/34/EU
Article 29 – paragraphs 1a – 1 e (new)
Article 29 – paragraphs 1a – 1 e (new)
Amendment 207 #
Proposal for a directive
Article 2 a (new) – point k
Article 2 a (new) – point k
Directive 2013/34/EU
Article 51 a (new)
Article 51 a (new)