3 Amendments of Franziska Katharina BRANTNER related to 2011/0308(COD)
Amendment 26 #
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 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. The reporting regime should be subject to a review and a report by the Commission within five 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 informationIn the reports by large undertakings and public-interest entities which are active in the extractive industry or the logging of primary forests¹, payments to governments should also be disclosed on a project basis. The term "project" should be defined as equivalent to activities governed by a contract, licence, lease, concession or other legal agreement which gives rise to a company's tax and revenue liabilities in each country where it operates; where any payment liabilities are incurred on a basis other than such a legal agreement, reporting should be done on that basis. However, the requirements in respect of disclosure on a project basis should be limited to projects for which the total amount of payments to governments within a given financial year exceeds EUR 100 000. The reports should include 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)² and the Timber Regulation³, which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering the Union market. 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. ____________ ¹ Defined in Directive 2009/28/EC as "forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed.". ² See Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (OJ L 347, 30.12.2005, p. 1). ³ Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23). Companies that import wood products under EU voluntary agreements will be exempt from this requirement.
Amendment 39 #
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. "Project" is equivalent to a specific operational reporting unit at ctivities governed by a contract, licence, lease, concession or other lowest level within the undertaking at which regular internal management reports are prepared to monitor itsegal agreement which gives rise to a company's tax and revenue liabilities in each country where it operates. Where any payment liabilities are incurred on a different basis, reporting shall be on that buasiness.
Amendment 60 #
Proposal for a directive
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. The information referred to in paragraph 1 shall be disclosed on a country basis except for that referred to in point (c), which shall be disclosed on a project basis, provided the total amount of payments to governments attributed to a specific project within a given financial year exceeds EUR 100 000.