11 Amendments of Giuseppe GARGANI related to 2011/0308(COD)
Amendment 113 #
Proposal for a directive
Recital 33
Recital 33
(33) The reports should serve to facilitate governments of resource-rich countries in implementing the EITI Principles and Criteria 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 a country and project basis, where a project is considered as the lowestthe basis of the country and the level of opernational reporting unit at which the undertaking prepares regular inter/federal, state/regional 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 actd local government. Provision should be made for an overall disclosure threshold which should take account of the objective of promoting good governance and limiting the misappropriation of significant amounts of government revenue in these countries; it should also take into account the need to respond to the call for greater transparency and to ensure that an appropriate balance is struck between costs and benefits and the competitiveness of European undertakings. 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 payment information such as effective tax rates and recipient details, such as bank account informationreduce or extend the disclosure requirements, or to strengthen and support measures such as capacity building (development of the capacity and potential of the area to which the investments refer) in third countries.
Amendment 188 #
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 basisrelating to the extractive industry and forestry activities defined in Article 36.
Amendment 191 #
Proposal for a directive
Article 37 a (new)
Article 37 a (new)
Article 37a To ensure that the undertakings which are required to prepare reports on payments to governments under Chapter 9 of this Directive are not subject to multiple disclosure requirements or equivalent measures, the following shall apply: (a) the Commission shall propose measures to facilitate the conclusion of mutual recognition agreements or exemption mechanisms with those third countries which require their extractive or forestry industries to publish reports that are comparable to those required under Chapter 9 of this Directive; (b) where an undertaking has to report payments to the levels of government in a country which has adhered to the Extractive Industry Transparency Initiative (EITI), the undertaking shall be authorised to include in the report required pursuant to Article 37 the payment information provided for by the EITI disclosure requirements, for the purpose of complying with the provisions of this Directive.
Amendment 195 #
Proposal for a directive
Article 38 – paragraph 1 – point a
Article 38 – paragraph 1 – point a
(a) the total amount of payments, including payments in kind, made to each governmentlevel of recipient government, be it federal, national, state, regional or local, as defined in Article 36 of this Directive, within a financial year;
Amendment 197 #
Proposal for a directive
Article 38 – paragraph 1 – point b
Article 38 – paragraph 1 – point b
(b) the total amount per type of payment, including payments in kind, made to each governmentlevel of recipient government, be it federal, national, state, regional or local, as defined in Article 36 of this Directive, within a financial year;
Amendment 200 #
Proposal for a directive
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
Amendment 237 #
Proposal for a directive
Article 38 – paragraph 2 – point g
Article 38 – paragraph 2 – point g
(g) other direct benefits to the government concernedpayments to governments that are commonly considered to be part of the flow of revenue for the commercial development of the oil, gas, mineral resources and forestry sectors.
Amendment 246 #
Proposal for a directive
Article 38 – paragraph 4
Article 38 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 42 in order to specify the concept of materiality of paymentsIn order to meet the objectives of Chapter 9 of this Directive, undertakings shall report on payments in the carry-over currency. A disclosure threshold of USD 1 million shall be applied for payments made to the same level of government for the same type of tax. Where an undertaking makes more than one payment to the same level of government for the same tax in a given period, such payments shall be aggregated before the disclosure threshold is applied.
Amendment 254 #
Proposal for a directive
Article 38 – paragraph 5
Article 38 – paragraph 5
5. The report shall exclude any type of payments made to a government in a country where the public disclosure of this type of payment is clearly prohibited by the criminal legislation of that country. In such caseslegislation or the rules or contracts drawn up with the administrative authorities of that country. In case of such restrictions, the undertaking shall state that it has not reportdisclosed payments in accordance with paragraphs 1 to 3, and shall disclose the name of the government concerned.
Amendment 259 #
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 forestsor forestry industry and governed by its national law to draw up a consolidated report on payments made to governments by such undertakings and public interest entities and by subsidiaries or entities under the control of that undertaking or public interest entity 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 265 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
The Commission shall review and report on the implementation and effectiveness of this Chapter, in particular as regards the scope of the reporting obligations andcosts and benefits the transparency requirements involve and the scope of the reporting requirements, including the modalities of the reporting on a project basis. The review should also take into account international developments and consider the effects on competitiveness and on the security of energy supply for European industry. It should be completed at the latest fivthree years after the date of entry into force of this Directive. The report shall be submitted to the European Parliament and the Council, together withaccompanied by a legislative proposal, if appropriate.