15 Amendments of Wolf KLINZ related to 2011/0307(COD)
Amendment 10 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In order to provide for enhanced transparency of operations in different countries, issuers whose securities are admitted to trading on a regulated market and which operate in countries where no legal entity has been set up or which operate in countries in the form of a joint- venture should disclose separate country- by-country statements regarding their activities for each country in which they operate. Country-by-country statements should include net turnover, cost of sales, gross profit or loss, production, distribution costs, administrative expenses (including aggregated remuneration), other operating income, value adjustments in respect of financial assets and of investments held as current assets, profit or loss before taxation, profit or loss for the financial year. The country-by- country statements should be drawn up and published on a consolidated basis in respect of each country in which the activities are carried on. The country-by- country statements should be drawn up and published on an annual basis. The obligations should not apply to issuers that have a consolidated net turnover of less than EUR 500 million in the preceding financial year.
Amendment 14 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to provide for enhanced transparency of payments made to governments, issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis paymentsall payments above EUR 100.000 made to governments in the countries in which they operate. The report should include types of payments comparable to those disclosed under the Extractive Industries Transparency Initiative (EITI) and provide civil society with information to hold governments of resource-rich countries to account for their receipts from the exploitation of natural resources. 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. The detailed requirements are defined in Chapter 9 of Directive 2011/.../EU of the European Parliament and of the Council. The obligations shall not apply to issuers that have a consolidated net turnover of less than EUR 500 million in the preceding financial year.
Amendment 21 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) A harmonised electronic format for reporting would be very beneficial for issuers established in the Union, since it would facilitate the creation of a one-stop- shop reporting system which could also be used in other fields. Therefore, preparation of financial statements in eXtensible Business Reporting Language (XBRL) should be mandatory with effect from 1 January 2018, after an appropriate period has elapsed for preparation and testing. The experiences of the IASB should be used for assessment of possible XBRL format.
Amendment 23 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2004/109/EC
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Amendment 27 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2004/109/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 31 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2004/109/EC
Article 4 – paragraph 8 (new)
Article 4 – paragraph 8 (new)
Amendment 33 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2004/109/EC
Article 6 – title
Article 6 – title
Amendment 37 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2004/109/EC
Article 6
Article 6
Member States shall require issuers active in the extractive or logging of primary forest industries, as defined in […] to prepare, in accordance with Chapter 9 of Directive 2011/.../EU of the European Parliament and of the Council (*), a report on all payments above EUR 100.000 made to governments on an annual basis. The report shall be made public at the latest six months after the end of each financial year and shall remain publicly available for at least five years. Payments to governments shall be reported at consolidated level. The obligation referred to shall not apply to issuers that have a consolidated net turnover of less than EUR 500 million in the preceding financial year.
Amendment 43 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2004/109/EC
Article 6 a (new)
Article 6 a (new)
5a. The following Article 6a is inserted : 'Article 6a Member States shall require all issuers who operate in countries where no legal entity has been set up or they operate in countries in the form of a joint-venture should disclose separate country-by- country statements regarding their activities for each country in which they operate. Country-by-country statements shall include net turnover, cost of sales, gross profit or loss, production, distribution costs, administrative expenses (including aggregated remuneration), other operating income, value adjustments in respect of financial assets and of investments held as current assets, profit or loss before taxation, profit or loss for the financial year. The country-by- country statements shall be drawn up and published on consolidated basis in respect of each country in which the activities are carried on. The country-by-country statements shall be drawn up and published on an annual basis. The obligation referred to shall not apply to issuers that have a consolidated net turnover of less than EUR 500 million in the preceding financial year.'
Amendment 48 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2004/109/EC
Article 12 – paragraph 2 and paragraph 6
Article 12 – paragraph 2 and paragraph 6
(7a) Article 12 is amended as follows: (a) The introductory wording of paragraph 2 is replaced by the following: 'The notification to the issuer shall be effected as soon as possible, but not later than two trading days [...] after the date on which the shareholder, or the natural person or legal person referred to in Article 10,'; (b) Paragraph 6 is replaced by the following: '6. Upon receipt of the notification under paragraph 1, but no later than two trading days thereafter, the issuer shall make public all the information contained in the notification.'
Amendment 52 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Directive 2004/109/EC
Article 13 – paragraph 1a – subparagraph 2 (new)
Article 13 – paragraph 1a – subparagraph 2 (new)
Amendment 53 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Directive 2004/109/EC
Article 13 – paragraph 1 a – subparagraph 2
Article 13 – paragraph 1 a – subparagraph 2
ESMA shall develop draft regulatory technical standards to specify the method to calculate the number of voting rights referred to in the first subparagraph in case of financial instruments referenced to a basket of shares or an index.
Amendment 58 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2004/109/EC
Article 13a – paragraph 1 – subparagraph 2
Article 13a – paragraph 1 – subparagraph 2
The notification required under the first subparagraph of this paragraph shall include the breakdown of the number of voting rights attached to shares held according to Articles 9 and 10 and voting rights relating to physically settled financial instruments within the meaning of Article 13. as well as voting rights relating to non-physically settled financial instruments within the meaning of Article 13.
Amendment 62 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2004/109/EC
Article 28a – paragraph 2 – point (e)
Article 28a – paragraph 2 – point (e)
(e) in case of a natural person, administrative pecuniary sanctions of up to EUR 5 000 000for natural and legal persons shall be set at an appropriate level;
Amendment 63 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2004/109/EC
Article 28a – paragraph 2 – point (f)
Article 28a – paragraph 2 – point (f)