69 Amendments of Philippe LAMBERTS related to 2013/0110(COD)
Amendment 13 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directives 78/660/EEC and 83/349/EEC as regards disclosure of financial, non-financial and diversity information by certain large companies and groups (Text with EEA relevance)
Amendment 14 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 50 (1) and Article 153(2) thereof,
Amendment 15 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Increased transparency regarding the activities of large companies, and in particular regarding name(s) of establishments, nature of activities and geographical location, turnover, number of employees on a full time equivalent basis, profits made, taxes on profit paid and subsidies received, is essential for ensuring the trust of EU citizens in companies. Mandatory reporting in this area can therefore be seen as an important element of the corporate responsibility of companies to stakeholders and society.
Amendment 16 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) There evidence showing that disclosing non-financial information improves companies' social, environmental and human rights policies and management systems, thereby reducing the negative impacts caused by their activities. Evidence also shows that companies which properly analyse and disclose non-financial information increase their competitiveness, benefit from cost savings, easier access to capital, improved performance on financial markets and increased stability.
Amendment 19 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companies should be required 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, taking into account the companies' complete supply chain.
Amendment 21 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The disclosure of non-financial information should be based on risk- based due diligence carried out by companies to identify, prevent and mitigate actual and potential adverse impacts as appropriate to their size, the nature and context of operations and the severity of the risks of adverse impacts. The principles of due diligence have been outlined in the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights implementing the UN "Protect, Respect and Remedy" Framework to which the Commission committed to abide by.
Amendment 22 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
Amendment 23 #
Proposal for a directive
Recital 7
Recital 7
(7) In providing this information, companies may rely on national frameworks, EU-based frameworks such as the Eco-Management and Audit Scheme (EMAS), and international frameworks such as the United Nations (UN) Global Compact, on their compliance with rights and values protected by norms of international law companies shall apply the Guiding Principles on Business and Human Rights implementing the UN ‘"Protect, Respect and Remedy’" Framework, and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational EnterprisesECD Guidelines for Multinational Enterprises, companies may also rely on national frameworks, EU-based frameworks such as the Eco-Management and Audit Scheme (EMAS), and other international frameworks such as the United Nations (UN) Global Compact, the International Organisation for Standardisation (ISO) 26000, the International Labour Organization (ILO) Tripartite Declaration of principles concerning multinational enterprises and social policy, and the Global Reporting Initiative.
Amendment 25 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) To the extent necessary for an understanding of the companies human rights, social and environmental impacts, the annual reports shall include non- financial key performance indicators relevant to the particular business' sector. For environmental aspects the non- financial indicators should include for instance an assessment of greenhouse gas emissions and the use of energy, materials, water and land. This assessment should include an estimate of the use of these resources in the company's supply chain.
Amendment 26 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) In order to enhance consistency and comparability of non-financial information provided by companies, the Commission should develop a harmonised framework including appropriate key performance indicators and resource measurement methodology taking into account the international frameworks in particular as regards the corporate responsibility to respect rights and values protected by norms of international law.
Amendment 27 #
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7c) Member States shall ensure that adequate and effective means exist to enforce full, accurate and credible disclosure of non-financial information by companies in compliance with the provisions of this Directive.
Amendment 29 #
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 companies whose average number of employees exceeds 2500, and exceed either a balance sheet total of EUR 2017,5 million or a net turnover of EUR 4035 million.
Amendment 41 #
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 – paragraph 1 – introductory part
Article 46 – paragraph 1 – point b – paragraph 1 – introductory part
(b) For companies whose average number of employees during the financial year exceeds 2500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 2017,5 million or a net turnover of EUR 4035 million, the review shall also 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, taking into account the company's complete supply chain, including:
Amendment 43 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directives 78/660/EEC and 83/349/EEC as regards disclosure of financial, non-financial and diversity information by certain large companies and groups. (Text with EEA relevance)
Amendment 44 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 50 (1) and Article 153(2) thereof,
Amendment 46 #
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 – paragraph 1 – point iii
Article 46 – paragraph 1 – point b – paragraph 1 – point iii
(iii) the risks related to these matters linked to the company's operations, which are likely to cause, or have caused, severe adverse social, environmental and human rights' impacts; and how the company manages those risks.
Amendment 47 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Regarding the activities of large companies increased transparency is essential for ensuring the trust of EU citizens in companies. This in particular regarding name(s) of establishments, nature of activities, geographical location, turnover, number of employees on a full time equivalent basis, profits made, taxes on profit paid and subsidies received. Mandatory reporting in this area can therefore be seen as an important element of the corporate responsibility of companies to investors, stakeholders and society.
Amendment 48 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Evidence is showing that disclosing of non-financial information improves companies’ management systems and internal policy, and thereby reducing the negative social, environmental and human rights impacts caused by their activities. Evidence also shows that companies which conduct a proper analyse and disclose of non-financial information increase their competitiveness, benefit from cost savings, easier access to capital, improved performance on financial markets, improves their stability in the market and reduces possibilities of harm.
Amendment 49 #
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 – paragraph 1 – point iii a (new)
Article 46 – paragraph 1 – point b – paragraph 1 – point iii a (new)
(iiia) an analysis of resource use, including at least land use, water use, greenhouse gas emissions, energy use and use of materials;
Amendment 52 #
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 – paragraph 2
Article 46 – paragraph 1 – point b – paragraph 2
Where a company covered by this directive and with a number of employees below 500, does not pursue policies in relation to one or more of these matters, it shall provide an explanation for not doing so.
Amendment 53 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companies should be required 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, taking into account the companies' complete supply chain.
Amendment 53 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
In providing such information the company may rely on national, EU-based or international frameworks and, if so, shall specify which frameworks it has relied uponshould take into account its responsibility to respect rights and values protected by norms of international law. In this respect the company shall apply the Guiding Principles on Business and Human Rights implementing the United Nations "Protect, Respect and Remedy" Framework and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises. In addition, the company may rely on national, EU-based or international frameworks and, if so, shall specify which frameworks it has relied upon. This provision shall apply without prejudice to the requirements of this Directive or to other European Union legislation or guidance containing more specific rules for companies' non- financial disclosure.
Amendment 54 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companies should be required to include in their annual reportmanagement report and annual report as required, 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 56 #
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 c
Article 46 – paragraph 1 – point c
(c) To the extent necessary for an understanding of the company's development, performance or position, and human rights, social and environmental impacts, the analysis shall include both financial and non-financial key performance indicators relevant to the particular business.
Amendment 58 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The disclosure of non-financial information should be on a risk-based due diligence by the company to identify, prevent and mitigate actual and potential adverse impacts, the nature and context of operations and the severity of the risks of adverse impacts as appropriate to the company size. The principles of due diligence have been outlined in the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights implementing the UN "Protect, Respect and Remedy" Framework to which the Commission committed to abide by.
Amendment 58 #
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 c a (new)
Article 46 – paragraph 1 – point c a (new)
(ca) For the purpose of implementing requirements under Article 46 the Commission shall adopt delegated acts, in accordance with Article 53 a (new), setting the list of relevant minimum indicators covering at least the following information: - social: data on employment, collective bargaining agreements, salary structure, health and safety, training and education, by gender and by region: - environment: data on resource use, including at least land use, water use, greenhouse gas emissions, energy use and use of materials; - human rights: data on number of grievances related to human rights filed and actions taken, of the company, suppliers and other business partners; The delegated acts shall be adopted within 18 months after the adoption of the Directive.
Amendment 59 #
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 c b (new)
Article 46 – paragraph 1 – point c b (new)
(cb) The Commission shall establish a Non Financial Disclosure Guidance Board to support the implementation of non-financial reporting requirements and to involve stakeholders for the development of guidance on the methodology and use of international standards and non-financial performance indicators, as referred to in Article 46.1, in a balanced and open way.
Amendment 63 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 78/660/EEC
Article 46 – paragraph 5
Article 46 – paragraph 5
Amendment 64 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) References to existing sustainability and reporting framework and continuing emergence of new frameworks, stimulates the shift towards a sustainable growth of the global economy. With the global rise of sustainability in reporting policies, the alignment and harmonisation of frameworks becomes a growing challenge to address given the risk of conflicting, misguiding and competing standards. This to assure a possibility for the investors and society as such, to have a possibility to assess and compare company non-financial information, and to avoid distorting of competition hence to growing conciseness in society of fair trade and sustainable growth.
Amendment 66 #
Proposal for a directive
Recital 7
Recital 7
(7) In providing this information, companies may rely on national frameworks, EU-based frameworks such as the Eco-Management and Audit Scheme (EMAS), and international frameworks such as the United Nations (UN) Global Compact, on their compliance with rights and values protected by norms of international law companies shall apply the Guiding Principles on Business and Human Rights implementing the UN ‘"Protect, Respect and Remedy’" Framework, and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational EnterprisesECD Guidelines for Multinational Enterprises, companies may also rely on national frameworks, EU-based frameworks such as the Eco-Management and Audit Scheme (EMAS), and other international frameworks such as the United Nations (UN) Global Compact, the International Organisation for Standardisation (ISO) 26000, the International Labour Organization (ILO) Tripartite Declaration of principles concerning multinational enterprises and social policy, and the Global Reporting Initiative.
Amendment 69 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) To the extent necessary for an understanding of the companies' human rights, social and environmental impacts, the management report and the annual report shall include non-financial key performance indicators relevant to the particular business' sector. For environmental aspects the non-financial indicators should include for instance an assessment of greenhouse gas emissions and the use of energy, raw-materials, minerals, water and land. This assessment should include an estimate of the use of these resources in the company's supply chain.
Amendment 71 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) In order to enhance consistency and comparability of non-financial information provided by companies, the Commission should develop a harmonised framework including appropriate key performance indicators and resource measurement methodology and a proper matrix of how this should be reported, taking into account the international frameworks in particular as regards the corporate responsibility to respect rights and values protected by norms of international law.
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 78/660/EEC
Article 53a a (new)
Article 53a a (new)
Amendment 72 #
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7c) Member States shall ensure that adequate and effective means exist to enforce full, accurate and credible disclosure of non-financial information by companies in compliance with the provisions of this Directive.
Amendment 72 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Directive 2013/34/EU
Article 48 a (new)
Article 48 a (new)
Amendment 76 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – paragraph 3 – introductory part
Article 36 – paragraph 1 – paragraph 3 – introductory part
For parent undertakings of undertakings to be consolidated that together exceed an average number of 2500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 2017,5 million or a net turnover of EUR 4035 million, the review shall also 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, taking into account the company's complete supply chain, including the following:
Amendment 80 #
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 management report and annual report should only apply to those companies whose average number of employees exceeds 2500, and exceed either a balance sheet total of EUR 2017.5 million or a net turnover of EUR 4035 million.
Amendment 81 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – paragraph 3 – point iii
Article 36 – paragraph 1 – paragraph 3 – point iii
(iii) the risks related to these matters linked to the company's operations, which are likely to cause, or have caused, severe adverse social, environmental and human rights' impacts; and how the company manages those risks.
Amendment 83 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – paragraph 3 – point iii a (new)
Article 36 – paragraph 1 – paragraph 3 – point iii a (new)
(iiia) an analysis of resource use, including at least land use, water use, greenhouse gas emissions and use of materials;
Amendment 86 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – paragraph 4
Article 36 – paragraph 1 – paragraph 4
Where the undertakings with less than 500 employees, included in the consolidation taken as a whole do not pursue policies in relation to one or more of these matters, the company shall provide an explanation for not doing so.
Amendment 88 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – paragraph 5
Article 36 – paragraph 1 – paragraph 5
In providing such information the consolidated annual reportmpany should take into account its responsibility to respect rights and values protected by norms of international law. In this respect the company shall apply the Guiding Principles on Business and Human Rights implementing the United Nations "Protect, Respect and Remedy" Framework and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises. In addition, the company may rely on national, EU-based or international frameworks and, if so, shall specify which frameworks it has relied upon. This provision shall apply without prejudice to the requirements of this Directive or to other European Union legislation or guidance containing more specific rules for companies' non- financial disclosure.
Amendment 89 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – paragraph 6
Article 36 – paragraph 1 – paragraph 6
To the extent necessary he analysis shall include both financial and non-financial key perfor man understanding of such development, perfce indicators relevant to the particular business. For the purpose of this Directive the Commission shall adopt delegated acts, in accormdance or position, the analysis shall include both financial and non- financial key performance indicators relevant to the particular business.with Article 53 (new), setting the list of relevant minimum indicators covering at least the following information: - social: data on employment, collective bargaining agreements, salary structure, health and safety, training and education, by gender and by region: - environment: data on resource use, including at least land use, water use, greenhouse gas emissions, energy use and use of materials; - human rights: data on number of grievances related to human rights filed and actions taken, of the company, suppliers and other business partners;
Amendment 95 #
Proposal for a directive
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Directive 83/349/EEC
Article 53a (new)
Article 53a (new)
(1a) The following Article 53a is added: 'Article 53a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Article 36 shall be conferred on the Commission for a period of four years from ....(4)*. The Commission shall draw up a report in respect of the delegation of power not later than six months before the end of the four-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 36 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 36 enters into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or the Council.'
Amendment 96 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Directive 2002/14/EC
Article 4
Article 4
Article 2 a Amendments to Directive 2002/14/EC Article 4 is amended as follows: (1) In paragraph 2, the following point (d) is added: '(d) when appropriate, information and consultation on the non-financial and diversity information contained in the annual report or the consolidated annual report referred to by Directive 78/660/EEC and Directive 83/349/EEC respectively.'
Amendment 97 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
No later than [three years after adoption of this Directive], the Commission shall review the provisions in Article 46 of Directive 78/660 and 36 of Directive 83/349 and report to the European Parliament and Council accompanied by legislative proposals if appropriate, regarding: - non-financial information disclosed in practice, including the coverage of the supply chain, whether this is effective, whether adequate guidance and methods are provided; - progress with non-financial reporting across the world; - the implementation of the UN "Protect, Respect and Remedy" Framework and its Guiding Principles as well as of the OECD Guidelines for Multinational Enterprises; - the use of indicators adopted by delegated acts; - the evaluation of making those provisions compulsory also for companies with 250-499 employees; - effectiveness of existing verification and enforcement mechanisms.
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1
Article 46 – paragraph 1 – point b – subparagraph 1
(b) For companies whose average number of employees during the financial year exceeds 2500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 2017,5 million or a net turnover of EUR 4035 million, the review shall also 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, taking into account the company's complete supply chain, including:
Amendment 111 #
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 – subpoint iii
Article 46 – paragraph 1 – point b – subparagraph 1 – subpoint iii
(iii) the risks related to these matters linked to the company's operations, which are likely to cause, or have caused, severe adverse social, environmental and human rights' impacts; and how the company manages those risks.
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1 – subpoint iii a (new)
Article 46 – paragraph 1 – point b – subparagraph 1 – subpoint iii a (new)
(iiia) an analysis of resource use, including at least land use, water use, greenhouse gas emissions, energy use, use of raw-materials including the use of minerals;
Amendment 115 #
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 – point iii c (new)
Article 46 – paragraph 1 – point b – point iii c (new)
(iiic) a description of the company's diversity policy for its administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversity, educational and professional background, the objectives of this diversity policy, how it has been implemented and the results in the reporting period.
Amendment 116 #
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 – point iii d (new)
Article 46 – paragraph 1 – point b – point iii d (new)
(iiid) gender segregated data on average pay of employees per hour over the reporting period;
Amendment 120 #
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 2
Article 46 – paragraph 1 – point b – subparagraph 2
Where a company covered by this directive and with more than 250 and up to 499 employees, does not pursue policies in relation to one or more of these matters, it shall provide an explanation for not doing so.
Amendment 123 #
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 3
Article 46 – paragraph 1 – point b – subparagraph 3
In providing such information the company may rely on national, EU-based or international frameworks and, if so, shall specify which frameworks it has relied uponshould take into account its responsibility to respect rights and values protected by norms of international law. In this respect the company shall apply the Guiding Principles on Business and Human Rights implementing the United Nations "Protect, Respect and Remedy" Framework and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises. In addition, the company may rely on national, EU-based or international frameworks and, if so, shall specify which frameworks it has relied upon. This provision shall apply without prejudice to the requirements of this Directive or to other European Union legislation or guidance containing more specific rules for companies' non- financial disclosure.
Amendment 126 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
c) To the extent necessary for an understanding of the company's development, performance or position, and human rights, social and environmental impacts, the analysis shall include both financial and non-financial key performance indicators relevant to the particular business.
Amendment 127 #
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 ca (new)
Article 46– paragraph 1 – point ca (new)
(ca) For the purpose of implementing requirements under Article 46 the Commission shall adopt delegated acts, in accordance with Article 53 a (new), setting the list of relevant minimum indicators covering at least the following information: - social: data on employment, collective bargaining agreements, salary structure, health and safety, training and education, by gender and by region: - environment: data on resource use, including at least land use, water use, greenhouse gas emissions, energy use and use of materials; - human rights: data on number of grievances related to human rights filed and actions taken, of the company, suppliers and other business partners; The delegated acts shall be adopted within 18 months after the adoption of the Directive.
Amendment 128 #
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 cb (new)
Article 46 – paragraph 1 – point cb (new)
(cb) The Commission shall establish a Non-Financial Disclosure Guidance Board to support the implementation of non-financial reporting requirements and to involve stakeholders for the development of guidance on the methodology, a matrix on how this should be reported, use of international standards and non-financial performance indicators, as referred to in Article 46.1, in a balanced and open way.
Amendment 132 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 78/660/EEC
Article 46 – paragraph 5
Article 46 – paragraph 5
Amendment 137 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 78/660/EEC
Article 53 a – paragraph 1a
Article 53 a – paragraph 1a
Exercise of the delegation 1a. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 1b. The delegation of power referred to in Article 46 (ca) shall be conferred on the Commission for a period of four years from ....(4)*. The Commission shall draw up a report in respect of the delegation of power not later than six months before the end of the four-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 1c. The delegation of power referred to in Article 46 (ca) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 1d. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 1e. A delegated act adopted pursuant to Article 46 (ca) enters into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or the Council.
Amendment 155 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Directive 2013/34/EU
Article 48 a (new)
Article 48 a (new)
(3a) The following Article 48a is added Article 48a Additional country-by country disclosure for all sectors 1. Member States shall require each company to publicly disclose annually, specifying by Member State and by third country in which it has an establishment, the following information on a consolidated basis for the financial year : 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. The obligation set out in paragraph 1 of this article shall not apply to any company governed by the law of a Member State whose parent company is subject to the laws of a Member State and whose information is included in the information disclosed by that parent company/undertaking in accordance with paragraph 1 of this article. 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 concerned.
Amendment 156 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Directive 83/349/EEC
Article 53 a (new)
Article 53 a (new)
(1a) Article 53 a new Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Article 36 shall be conferred on the Commission for a period of four years from ....(4)*. The Commission shall draw up a report in respect of the delegation of power not later than six months before the end of the four-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 36 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 36 enters into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or the Council.
Amendment 165 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
For parent undertakings of undertakings to be consolidated that together exceed an average number of 2500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 2017,5 million or a net turnover of EUR 4035 million, the review shall also 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, taking into account the company's complete supply chain, including the following:
Amendment 170 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii
(iii) the risks related to these matters linked to the company's operations, which are likely to cause, or have caused, severe adverse social, environmental and human rights' impacts; and how the company manages those risks.
Amendment 172 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii a (new)
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii a (new)
(iiia)an analysis of resource use, including at least land use, water use, greenhouse gas emissions, use of raw- materials including use of minerals;
Amendment 173 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii b (new)
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii b (new)
iiib) a description of the company's diversity policy for its administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversity, educational and professional background, the objectives of this diversity policy, how it has been implemented and the results in the reporting period.
Amendment 174 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii c (new)
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii c (new)
iiic) gender segregated data on average pay of employees per hour over the reporting period;
Amendment 175 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 4
Article 36 – paragraph 1 – subparagraph 4
Where the undertakings with more than 250 employees and up to 499 employees, included in the consolidation taken as a whole do not pursue policies in relation to one or more of these matters, the company shall provide an explanation for not doing so.
Amendment 179 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 5
Article 36 – paragraph 1 – subparagraph 5
In providing such information the consolidated annual reportmpany should take into account its responsibility to respect rights and values protected by international law. In this respect the company shall apply the Guiding Principles on Business and Human Rights implementing the United Nations "Protect, Respect and Remedy" Framework and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises. In addition, the company may rely on national, EU-based or international frameworks and, if so, shall specify which frameworks it has relied upon. This provision shall apply without prejudice to the requirements of this Directive or to other European Union legislation or guidance containing more specific rules for companies' non- financial disclosure.
Amendment 183 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 7
Article 36 – paragraph 1 – subparagraph 7
Amendment 187 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Directive 2002/14/EC
Article 4
Article 4
(1) Article 4 is amended as follows: The following point d is added: ‘(d) when appropriate, information and consultation on the non-financial and diversity information contained in the annual report or the consolidated annual report referred to by Directive 78/660/EEC and Directive 83/349/EEC respectively.’
Amendment 193 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
No later than [three years after adoption of this Directive, the Commission shall review the provisions in Article 46 of Directive 78/660 and 36 of Directive 83/349 and report to the European Parliament and Council accompanied by legislative proposals if appropriate, regarding: - non-financial information disclosed in practice, including the coverage of the supply chain, whether this is effective, whether adequate guidance and methods are provided; - progress with non-financial reporting across the world; - the implementation of the UN "Protect, Respect and Remedy" Framework and its Guiding Principles as well as of the OECD Guidelines for Multinational Enterprises; - the use of indicators adopted by delegated acts; - the evaluation of making those provisions compulsory also for companies with more than 250 and up to 499 employees; - effectiveness of existing verification and enforcement mechanisms.