21 Amendments of Françoise CASTEX related to 2011/0308(COD)
Amendment 106 #
Proposal for a directive
Recital 32
Recital 32
(32) In order to provide for enhanced transparency of payments made to governments, large undertakings and public interest entities which are active in the extractive industry or logging of primary forests should disclose in a separate report on anshould disclose as part of the annual basisreport material payments made to governments and other contextual information in the countries in which they operate. Such undertakings are active in countries rich in natural resources, in particular minerals, oil, natural gas as well as primary forests. The report should include types of payments comparable to those disclosed by an undertaking participating in the Extractive Industries Transparency Initiative (EITI). This disclosure should be part of the annual report and should include types of payments building on those disclosed under the EITI and provide civil society, including investors, with other contextual information. The report should include activities of subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements to the extent that they are consolidated in the annual financial statements of the undertaking or entity in question and should include turnover (including third party and intragroup turnover) of the undertaking that might give rise to payments and, on a country-by-country basis, profit before tax, effective tax rates, total number of people employed and their aggregate remuneration, expenditure on fixed asset investment during the course of the reporting period and, in the case of undertakings active in the extractive and logging industries, production volumes. The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade) and the Timber Regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EU market.
Amendment 116 #
Proposal for a directive
Recital 35
Recital 35
(35) In order to take account of future changes to the laws of the Member States and in the legislation of the Union concerning company types, tThe use of delegated acts is necessary to adapt the undertaking size criteria, as with the passage of time inflation will erode their real value. The Commission should therefore be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of updating the lists of undertakings contained in Annexes I and II. The use of delegated acts is alsoorder to adjust the undertaking size criteria to the extent necessary to adapoffset the undertaking size criteria, as with the passage of time inflation will erode their real valueeffects of inflation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. In order to ensure a relevant and appropriate level of disclosure ofthat payments to governments by the extractive industry and loggers of primary forests and to ensure uniform application of this Directineed not be reported if equivalent reporting requirements are observed, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of the specification of the concept of materiality of payments.
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 120 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
Amendment 122 #
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. In order to adjust for the effects of inflation, the Commission shall examine periodically and, where necessary, amend, by means of delegated acts in accordance with Article 42, the definitions referred to in paragraphs 1 to 5 of this Article, taking into account measures of inflation as published in the Official Journal of the European Union.
Amendment 126 #
Proposal for a directive
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) items in the profit and loss account and balance sheet shallmay be presented having regard to the substance or the form of the reported transaction or arrangement;
Amendment 127 #
Proposal for a directive
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
(j) recognition, measurement, presentation, and disclosure in annual financial statements shall have regard to the materiality of the relevant items.
Amendment 184 #
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 public a report on payments made to governments on an annual basito prepare and make public a report on payments made to governments and certain contextual information as defined in Article 38 on an annual basis. The report shall include information concerning activities of subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements to the extent that they are consolidated in the annual financial statements of the undertaking or entity in question. The report shall form part of the notes to the financial statements.
Amendment 202 #
Proposal for a directive
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) for undertakings active in the extractive industry and the logging of primary forests and subject to the materiality threshold defined in paragraph 1a, where those payments have been attributed to a specific project, the amount per type of payment, including payments in kind, made for each such project within a financial year, and the total amount of payments for each such project.;
Amendment 204 #
Proposal for a directive
Article 38 – paragraph 1 – point c a (new)
Article 38 – paragraph 1 – point c a (new)
(ca) net turnover broken down by categories of activity;
Amendment 206 #
Proposal for a directive
Article 38 – paragraph 1 – point c b (new)
Article 38 – paragraph 1 – point c b (new)
(cb) production volumes broken down by categories of activity;
Amendment 208 #
Proposal for a directive
Article 38 – paragraph 1 – point c c (new)
Article 38 – paragraph 1 – point c c (new)
(cc) production cost with its associated employee count;
Amendment 210 #
Proposal for a directive
Article 38 – paragraph 1 – point c d (new)
Article 38 – paragraph 1 – point c d (new)
(cd) total cash cost of operations;
Amendment 212 #
Proposal for a directive
Article 38 – paragraph 1 – point c e (new)
Article 38 – paragraph 1 – point c e (new)
(ce) fixed production assets at year-end with associated accumulated depreciation;
Amendment 214 #
Proposal for a directive
Article 38 – paragraph 1 – point c f (new)
Article 38 – paragraph 1 – point c f (new)
(cf) net profit and loss before tax with associated cash and deferred tax on an accrual basis.
Amendment 216 #
Proposal for a directive
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. The information referred to in paragraph 1 shall be disclosed on a country basis except for that referred to in point (c), which shall be disclosed on a project basis provided the total payments attributed to a specific project exceed EUR 100 000.
Amendment 220 #
Proposal for a directive
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) taxes on profits and the effective tax rate applied;
Amendment 229 #
Proposal for a directive
Article 38 – paragraph 2 – point f a (new)
Article 38 – paragraph 2 – point f a (new)
(fa) payments to state security forces for security services;
Amendment 244 #
Proposal for a directive
Article 38 – paragraph 4
Article 38 – paragraph 4
Amendment 256 #
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. A Member State shall require any large undertaking or any public interest entity active in the extractive industry or the logging of primary forests and governed by its national law to draw up a consolidated report on payments to governments in accordance with Articles 37 and 38 if that parent undertaking is under the obligation to prepare consolidated financial statements as laid down in Article 23(1) to 23(6) of this Directive.
Amendment 266 #
Proposal for a directive
Article 42
Article 42