32 Amendments of Sharon BOWLES related to 2011/0308(COD)
Amendment 37 #
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 forests1 should disclose in a separate report on an annual basisshould disclose, as part of their annual financial statements, material payments made to governments in the countries in which they operate. Such undertakings which are active in countries rich in natural resources, in particular minerals, oil, natural gas as well as primary forests. The report should include in their annual financial statements types of payments comparable to those disclosed by an undertaking participating in the Extractive Industries Transparency Initiative (EITI). 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. __________________ 1 Defined in Directive 2009/28/EC as ‘naturally regenerated forest of native species, where there is no clearly visible indication of human activities and the ecological processes are not significantly disturbed.’
Amendment 46 #
Proposal for a directive
Recital 33
Recital 33
(33) The reportdisclosures should serve to facilitate governments of resource-rich countries in implementing the EITI Principles and Criteria, amongst other voluntary reporting standards, and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction. The report should incorporate disclosures on adisclosures should be on a country-by- country and project-by-project basis, where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports, such as a concession, geographical basin, etctract, licence, lease or other legal agreement under which an undertaking operates, which give rise to specific revenue liabilities and where payments have been attributed to such projects. In the light of the overall objective of promoting good governance in these countries, the materiality of payments to be reported should be assessed in relation to the recipient government. Various criteria on materiality could be envisaged such as payments of an absolute amount, or a percentage threshold (such as payments in excess of a percentage of a country’s GDP) and these can be defined through a delegated act. In any case, both materiality of payments and definition of projects shall take into account the local and regional impact of the operation. The reporting regime should be subject to a review and a report by the Commission within fivthree years of the entry into force of the Directive. The review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security. The review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional paymentfinancial information such as effective tax rates and recipient details, such as bank account information.
Amendment 72 #
Proposal for a directive
Article 36 – paragraph 1 – point 1
Article 36 – paragraph 1 – point 1
Amendment 76 #
Proposal for a directive
Article 36 – paragraph 1 – point 2
Article 36 – paragraph 1 – point 2
Amendment 93 #
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 basias part of their annual financial statements.
Amendment 105 #
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 an annual basisshould disclose, as part of their annual financial statements, material payments made to governments in the countries in which they operate. Such undertakings which are active in countries rich in natural resources, in particular minerals, oil, natural gas as well as primary forests. The report should include in their annual financial statements types of payments comparable to those disclosed by an undertaking participating in the Extractive Industries Transparency Initiative (EITI). 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 111 #
Proposal for a directive
Recital 33
Recital 33
(33) The reportdisclosures should serve to facilitate governments of resource-rich countries in implementing the EITI Principles and Criteria, amongst other voluntary reporting standards, and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction. The report should incorporate disclosures on aoperating within their jurisdiction. The disclosures should be on a country-by- country and project-by-project basis, where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports, such as a concession, geographical basin, etc and where payments have been attributed to such projects. In the light of the overall objective of promoting good governance in these countries, the materiality of payments to be reported should be assessed in relation to the recipient government. Various criteria on materiality could be envisaged such as payments of an absolute amount, or a percentage threshold (such as payments in excess of a percentage of a country's GDP) and these can be defined through a delegated act, such as a contract, license, lease or other legal agreement under which an undertaking operates, which give rise to specific liabilities and where payments have been attributed to such projects, if any one payment or set of payments of the same type amount to more than 100 000 EUR. The reporting regime should be subject to a review and a report by the Commission within fivthree years of the entry into force of the Directive. The review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security. The review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional paymentfinancial information such as effective tax rates and recipient details, such as bank account information.
Amendment 115 #
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, the Commission should 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 also necessary to adapt the undertaking size criteria, as with the passage of time inflation will erode their real value. 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 of payments to governments by the extractive industry and loggers of primary forests and to ensure uniform application of this Directive, 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 127 #
Proposal for a directive
Article 38 – paragraph 2 – introductory part
Article 38 – paragraph 2 – introductory part
2. The following types of payments and information shall be reported:
Amendment 132 #
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 134 #
Proposal for a directive
Article 38 – paragraph 2 – point b a (new)
Article 38 – paragraph 2 – point b a (new)
(a) profit before tax;
Amendment 137 #
Proposal for a directive
Article 38 – paragraph 2 – point c a (new)
Article 38 – paragraph 2 – point c a (new)
(ca) quantities produced;
Amendment 138 #
Proposal for a directive
Article 38 – paragraph 2 – point e a (new)
Article 38 – paragraph 2 – point e a (new)
(ea) total number of people employed;
Amendment 139 #
Proposal for a directive
Article 38 – paragraph 2 – point e b (new)
Article 38 – paragraph 2 – point e b (new)
(eb) employees aggregate remuneration;
Amendment 142 #
Proposal for a directive
Article 38 – paragraph 2 – point f a (new)
Article 38 – paragraph 2 – point f a (new)
(fa) expenditure on fixed asset investment;
Amendment 166 #
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
Amendment 170 #
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 171 #
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 186 #
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 basias part of their annual financial statements.
Amendment 217 #
Proposal for a directive
Article 38 – paragraph 2 – introductory part
Article 38 – paragraph 2 – introductory part
2. The following types of payments and information shall be reported:
Amendment 218 #
Proposal for a directive
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) taxes on profits, levies and administrative fees, as well as the effective rate applied;
Amendment 221 #
Proposal for a directive
Article 38 – paragraph 2 – point b a (new)
Article 38 – paragraph 2 – point b a (new)
(ba) profit before tax;
Amendment 223 #
Proposal for a directive
Article 38 – paragraph 2 – point c a (new)
Article 38 – paragraph 2 – point c a (new)
(ca) quantities produced;
Amendment 224 #
Proposal for a directive
Article 38 – paragraph 2 – point e a (new)
Article 38 – paragraph 2 – point e a (new)
(ea) total number of people employed;
Amendment 225 #
Proposal for a directive
Article 38 – paragraph 2 – point e b (new)
Article 38 – paragraph 2 – point e b (new)
(eb) employees aggregate remuneration;
Amendment 227 #
Proposal for a directive
Article 38 – paragraph 2 – point f a (new)
Article 38 – paragraph 2 – point f a (new)
(fa) payments for having broken the law, such as environmental and remediation liabilities;
Amendment 230 #
Proposal for a directive
Article 38 – paragraph 2 – point f b (new)
Article 38 – paragraph 2 – point f b (new)
(fb) payments to government security forces;
Amendment 232 #
Proposal for a directive
Article 38 – paragraph 2 – point f c (new)
Article 38 – paragraph 2 – point f c (new)
(fc) expenditure on fixed asset investment;
Amendment 241 #
Proposal for a directive
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Payments shall be disclosed if any one payment or set of payments of the same type amount to more than EUR 100 000.
Amendment 243 #
Proposal for a directive
Article 38 – paragraph 4
Article 38 – paragraph 4
Amendment 253 #
Proposal for a directive
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 257 #
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.