10 Amendments of Philippe LAMBERTS related to 2014/0121(COD)
Amendment 126 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Increased transparency regarding the activities of large companies, and in particular regarding profits made, taxes on profit paid and subsidies received, is essential for ensuring the trust of shareholders and other Union citizens in companies. Mandatory reporting in this area can therefore be seen as an important element of the corporate duty of companies to shareholders and society.
Amendment 127 #
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17b) Increased transparency regarding the activities of large companies, and in particular regarding tax rulings, is essential for ensuring the trust of shareholders and other Union citizens in companies. Mandatory reporting in this area can therefore be seen as an important element of the corporate duty of companies to shareholders and society.
Amendment 210 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3d – paragraph 2a (new)
Article 3d – paragraph 2a (new)
2a. Member States shall ensure that when a beneficial individual investor holds shares through an intermediary, all costs of communicating with the intermediary must not be charged to the beneficial individual investor.
Amendment 477 #
Proposal for a directive
Article 2 – paragraph -1 (new)
Article 2 – paragraph -1 (new)
Directive 2013/34/EU
Article 2 – point 17 (new)
Article 2 – point 17 (new)
(-1) In Article 2 the following point is added: "(17) 'tax ruling' means any advance interpretation or application of a legal provision for a cross-border situation or transaction of a company which might lead to a loss of tax in Member States or which might lead to tax savings for the company resulting from artificial intra- group transfers of profits."
Amendment 480 #
Proposal for a directive
Article 2 – paragraph -1 c (new)
Article 2 – paragraph -1 c (new)
Directive 2013/34/EU
Article 18 a (new)
Article 18 a (new)
Amendment 482 #
Proposal for a directive
Article 2 – paragraph -1 e (new)
Article 2 – paragraph -1 e (new)
Directive 2013/34/EU
Article 18 b (new)
Article 18 b (new)
(-1e) The following Article 18b is inserted: "Article 18b Additional disclosure for large undertakings 1. In the notes to the financial statements, large undertakings shall, in addition to the information required under Articles 16, 17, 18 and any other provisions of this Directive, publicly disclose essential elements of and information regarding tax rulings, providing a break-down by Member State and by third country in which the large undertaking in question has a subsidiary. The Commission shall be empowered to set out, by means of delegated act in accordance with Article 49, the format and content of publication. 2. Undertakings whose average number of employees on a consolidated basis during the financial year does not exceed 500 and, on their balance sheet dates, do not exceed on a consolidated basis either a balance sheet total of 86 million euros or a net turnover of 100 million euros shall be exempt from the obligation set out in paragraph 1 of this Article. 3. The obligation set out in paragraph 1 of this Article shall not apply to any undertaking governed by the law of a Member State whose parent undertaking is subject to th laws of a Member State and whose information is included in the information disclosed by that parent undertaking in accordance with paragraph 1 of this Article. 4. The information referred to in paragraph 1 shall be audited in accordance with Directive 2006/43/EC.
Amendment 486 #
Proposal for a directive
Article 2 a (new) – point 1 (new)
Article 2 a (new) – point 1 (new)
Directive 2004/109/EC
Article 2 – paragraph 1 – point r (new)
Article 2 – paragraph 1 – point r (new)
(1) In paragraph 1 of Article 2 the following point (r) is added: "(r) 'tax ruling' means any advance interpretation or application of a legal provision for a cross border situation or transaction of a company which might lead to a loss of tax in Member States or which might lead to tax savings for the company resulting from artificial intra- group transfers of profits".
Amendment 487 #
Proposal for a directive
Article 2 a (new) – point 2 (new)
Article 2 a (new) – point 2 (new)
Directive 2004/109/EC
Article 16 a (new)
Article 16 a (new)
(2) The following article 16a is inserted: "Article 16a Additional disclosure for issuers 1. Member States shall require each issuer to publicly disclose annually, specifying by Member State and by third country in which it has a subsidiary, 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 issuer 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 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 issuer concerned.
Amendment 488 #
Proposal for a directive
Article 2 a (new) – point 3 (new)
Article 2 a (new) – point 3 (new)
Directive 2004/109/EC
Article 16 b (new)
Article 16 b (new)
(3) The following Article 16b is inserted: "Article 16b Additional diclosure for issuers 1. Member States shall require each issuer to publicly disclose annually, on a consolidated basis for the financial year, essential elements of and information regarding tax rulings, providing a break- down by Member State and by third country in which it has a subsidiary. The Commission shall be empowered to set out, by means of delegated acts in accordance withArticle 27(2a), (2b) and (2c), the format and content of publication. 2. The obligation set out in paragraph 1 of this Article shall not apply to any issuer 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 diclosed by that parent company 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 issuer concerned.
Amendment 489 #
Proposal for a directive
Article 2 a (new) – point 4 (new)
Article 2 a (new) – point 4 (new)
Directive 2004/109/EC
Article 27 – paragraph 2a
Article 27 – paragraph 2a
(4) In Article 27, paragraph 2a is replaced by the following: "(2a) The power to adopt the delegated acts referred to in Article 2(3), Article 5(6), Article 9(7), Article 12(8), Article 13(2), Article 14(2), Article 16a(1), Article 17(4), Article 18(5), Article 19(4), Article 21(4), Article 23(4), Article 23(5) and Article 23(7) shall be conferred on the Commission for a period of 4 years from January 2011. The Commission shall draw up a report in respect of delegated power at the latest 6 months before the end of the four-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 27a."