14 Amendments of Manfred WEBER related to 2013/0110(COD)
Amendment 46 #
Proposal for a directive
Recital 1
Recital 1
(1) In its Communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled 'Single Market Act Twelve levers to boost growth and strengthen confidence "Working together to create new growth"'9, adopted on 13 April 2011, the Commission identifies the need to improraise to a similarly high level the transparency of the social and environmental information provided by companies in all sectors across all Member States, in order to ensure a level playing field. __________________ 9 COM(2011) 206 final, 13 April 2011.
Amendment 51 #
Proposal for a directive
Recital 4
Recital 4
(4) The coordination of national provisions concerning the disclosure of non-financial information in respect of large listed undertakings with limited liability is of importance for the interests of companies, shareholders and other stakeholders alike. Coordination is necessary in those fields because most of these undertakings operate in more than one Member State.
Amendment 54 #
Proposal for a directive
Recital 5
Recital 5
(5) It is also necessary to establish a certain minimum legal requirement as regards the extent of the information that should be made available to the public by undertakings across the Union. Annual reports should give a fair and comprehensive view of an undertaking's policies, results, and riskbring into line the scope and requirements concerning the extent of the information to ensure a similarly high level in all Member States.
Amendment 59 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, listed companies should be requirurged 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 79 #
Proposal for a directive
Recital 9
Recital 9
Amendment 84 #
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 should only apply to certain large listed undertakings and groups; SMEs with fewer than 500 employees are permanently exempted.
Amendment 91 #
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 listed 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 million.
Amendment 100 #
Proposal for a directive
Recital 14
Recital 14
Amendment 105 #
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 aspects such as age, gender, geographical diversity, educational and professional background and gender 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 46a 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 case.
Amendment 122 #
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 companielisted undertakings whose average number of employees during the financial year exceeds 500 and, on their balance sheet dates, exceed ei, the review shall also – to the extent that this is decisive for ther a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall alsossessment of the development, performance or position of the undertaking – 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 144 #
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 78/660/EEC
Article 46 – paragraph 4
Article 46 – paragraph 4
4. Where a companylisted undertaking prepares a comprehensive report corresponding to the same financial year relying on national, EU-based or international frameworks and which covers the information provided for in paragraph 1(b), it shall be exempt from the obligation to prepare the non-financial statement set out in paragraph 1(b), provided that such report is part of the annual report.
Amendment 153 #
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
(g) a description of the companylisted undertaking's diversity policy for its administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversity, educational and professional background and gender, the objectives of this diversity policy, how it has been implemented and the results in the reporting period. If the companylisted undertaking has no such policy, the statement shall contain a clear and reasoned explanation as to why this is the case.
Amendment 202 #
Proposal for a directive
Article 2 a (new) – point g
Article 2 a (new) – point g
Directive 2013/34/EU
Article 34
Article 34
the non-financial statement as part of the annual report or the reference in the annual report to a comprehensive report or a report attached to the annual report shall not be covered by the audit of annual accounts carried out in accordance with Chapter 11, paragraph 51.
Amendment 204 #
Proposal for a directive
Article 2 a (new) – point i
Article 2 a (new) – point i
Directive 2013/34/EU
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. If an undertaking has reason to believe that meeting the reporting obligations laid down in paragraph 1 would expose it to inappropriate economic and legal risks in a reporting country, it shall inform the Commission without undue delay. The Commission shall investigate in order to determine which information can be disclosed and may grant the undertaking a special exemption from the disclosure obligation in respect of payments or a particular category of payments to government bodies in the State in question. In such cases the Commission shall open talks with the State concerned with a view to securing agreement to the disclosure of the information in question. If agreement is reached, the Commission shall revoke the special exemption from the disclosure obligations granted to the undertaking.