BETA

7 Amendments of Fiona HALL related to 2013/0110(COD)

Amendment 34 #
Proposal for a directive
Recital 6 a (new)
(6a) Social matters includes responsible behaviour on tax planning to ensure that a fair share of tax is paid in the right place and that aggressive tax avoidance is averted.
2013/10/16
Committee: DEVE
Amendment 40 #
Proposal for a directive
Recital 11 a (new)
(11a) The European Council of 22 May 2013 called for the mandatory introduction of country-by-country reporting for all large companies and groups as part of the revision of this Directive. Therefore, in order to provide for enhanced transparency of payments made to governments, large undertakings and public interest entities should disclose material payments made to governments in the countries in which they operate. Such disclosures should be published, where possible, as an annex to the annual financial statements or to the consolidated financial statements of the undertaking concerned.
2013/10/16
Committee: DEVE
Amendment 41 #
Proposal for a directive
Recital 11 b (new)
(11b) To mitigate aggressive tax planning and avoidance by EU undertakings, Member States should introduce general anti-avoidance rules (GAAR) in line with the European Commission Recommendation on Aggressive Tax Planning on the 12th December 2012 and the OECD Progress Report to the G20 on 5th September 2013. Furthermore, large undertakings in the Union should also make public a report on their aggressive tax planning systems, including other relevant information.
2013/10/16
Committee: DEVE
Amendment 43 #
Proposal for a directive
Recital 15 a (new)
(15a) The supply chain of an undertaking can become disconnected from source and liability and can therefore pose significant risks not only to the undertakings themselves, but also to the wider society as a result of their business operations. It is therefore important that undertakings perform due diligence on their supply chains, including where they use sub- contractors and that these particular policies are disclosed in order to mitigate such risks and inform stakeholders of the assessments they have undertaken.
2013/10/16
Committee: DEVE
Amendment 50 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subpoint iii a (new)
(iiia) a description of the company's due diligence policy for its administrative, management and supervisory bodies with regard to its supply chains and sub- contractors at least in the areas relating to environmental, social and employee matters, respect for human rights, anti- corruption and bribery. The description should also include the objectives of this due diligence policy, how it has been implemented and the results in the reporting period.
2013/10/16
Committee: DEVE
Amendment 58 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 4 – point iii a (new)
(iiia) a description of the group's due diligence policy for its administrative, management and supervisory bodies with regard to its supply chains and sub- contractors at least in the areas relating to environmental, social and employee matters, respect for human rights, anti- corruption and bribery. The description should also include the objectives of this due diligence policy, how it has been implemented and the results in the reporting period.
2013/10/16
Committee: DEVE
Amendment 59 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Directive 2013/34/EU
Chapter 10 (new) – Article 41 – paragraph 6
2a. Amendments to Directive 2013/34/EU (Country-By-Country Reporting) Directive 2013/34/EU is amended as follows: (1) The following paragraph 6 is added to Chapter 10, Article 41: 6. "Country-by-country report" means the following financial information, to be provided by an undertaking as defined in Article 2, paragraph 1(a), (b), and (c) and Article 3, paragraph 4 for each Member State and third country in which it operates: a) name(s), nature of activities and geographical location; b) turnover; c) number of employees on a full time equivalent basis; d) profit or loss before tax; e) tax on profit or loss; f) public subsidies received; (2) Chapter 10, Article 42, paragraph 1 and 2 are amended as follows: Article 42 Undertakings required to report on payments to governments and produce a country-by-country report 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 basis. Member States shall also require large undertakings and all public-interest entities to publicly disclose annually a country-by-country report on a consolidated basis for the financial year. 2. These obligations shall not apply to any undertaking governed by the law of a Member State which is a subsidiary or parent undertaking, where both of the following conditions are fulfilled: (a) the parent undertaking is subject to the laws of a Member State; and (b) the payments to governments and the country-by-country report made by the undertaking are included in the consolidated report on payment to governments drawn up by that parent undertaking in accordance with Article 39. (3) The following paragraphs 3 and 4 are added: 3. The information referred to in paragraph 1 shall be audited in accordance with Directive 2006/43/EC and shall be published, where possible, as an annex to the annual financial statements or, where applicable, to the consolidated financial statements of the company/undertaking concerned. 4. The Commission shall conduct a general assessment report as regards potential economic consequences of the public disclosure of the country-by- country report, including the impact on competitiveness and investment and may consider making this information available to the competent tax authorities only in the case of a negative assessment. The Commission shall submit its report to the Council and the European Parliament by 31 December 2015.
2013/10/16
Committee: DEVE