9 Amendments of Eva JOLY related to 2011/0308(COD)
Amendment 22 #
Proposal for a directive
Recital 32
Recital 32
(32) In order to provide for enhanced transparency of payments made to governments, all 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 basis material payments made to governments in the countrishould disclose as part of the annual report of financial statements a report on material payments made to governments in the countries in which they operate, as well as additional financial information regarding their activities in third countries. The disclosure of these data aims at enabling investors to make better-informed decisions, improving corporate governance and accountability and contributing to containing tax evasion. The report should incorporate disclosures ion which they operate. Sa country basis. Furthermore, where such undertakings are active in countries rich inthe extraction of natural resources, in particular minerals, oil, natural gas as well as primary forests. The report should include types of payments comparable to those disclosed by an undertaking participating in, as well as in fisheries activities, reporting shall also specify the specific project or projects to which those payments have been attributed. The report should accordingly build upon the disclosure requirements of 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 25 #
Proposal for a directive
Recital 33
Recital 33
(33) The reports should serve to facilitate governments to be accountable to their citizens for payments such governments receive from undertakings operating within their jurisdiction. Where such undertakings are active in the extraction of natural resources, 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 basbasis and in the case of undertakings active in the extractive industries, fishery sector or the logging of primary forests, the report should also specify the specific project or projects to which those payments have been attributed, a project being considered equivalent to the contract, licence, lease, concession or other legal agreement which gives rise to a company's tax and revenue liabilities in, 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 asach country where it operates. Where any payment liabilities are incurred on a different basis, reporting shall be on that basis. In the light of the overall objective of promoting good governance in these countries, payments shall be considered material if any one 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 actr set of payments of the same type amounts to more than EUR 15 000. The reporting regime should be subject to a review and a report by the Commission within fiveour 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 information.
Amendment 31 #
Proposal for a directive
Article 36 – paragraph 1 – point 1
Article 36 – paragraph 1 – point 1
1. ‘Undertaking active in the extractive industry’ means an undertaking with any activity involving the exploration, discovery, development, and extraction of minerals, oil and natural gas deposits, as referred to in Section B-Divisions 05 to 08 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Councilmeans the highest level parent company publishing accounts within the European Union where the group of companies for which that parent company prepares consolidated financial statements includes subsidiary companies, branches, permanent establishments, joint ventures and associate undertakings.
Amendment 33 #
Proposal for a directive
Article 36 – paragraph 1 – point 3
Article 36 – paragraph 1 – point 3
3. ‘'Government’' means any national, regional or local authority of a Member State or of a third country. It includes a department, agency or undertaking controlled by that authority as laid down in Article 23 (1) to (6) of this Directive, or any government entity, [state undertaking, companies belonging to government members, their relatives and close relations], that receives any payment of the type noted in Article 38 from any constituent member of an undertaking.
Amendment 35 #
Proposal for a directive
Article 36 – paragraph 1 – point 4 a (new)
Article 36 – paragraph 1 – point 4 a (new)
4a. "Constituent entities" means those subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements that shall in whole or in part be considered members of the Undertaking to the extent that they are consolidated in the annual financial statements of that Undertaking.
Amendment 36 #
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 annu, including joint-venture undertakings, and all public interest entities to prepare and make public a report on payments, including payments in kind, made to governments on an annual basis as part of the annual report of financial statements. In this report, the undertaking shall also publish additional financial information regarding their activities in third countries. In particular, the report shall include activities of subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements to the extent that they are consolidated in the annual financial statements of the undertaking or entity in question. The report shall basis. e part of the notes to the financial statements.
Amendment 39 #
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 40 #
Proposal for a directive
Article 38 – paragraph 2 – point c
Article 38 – paragraph 2 – point c
(c) royalties, and the effective tax rate applied;
Amendment 45 #
Proposal for a directive
Article 39 – paragraph 3 – point b a (new)
Article 39 – paragraph 3 – point b a (new)
(ba) The report shall also specify the following additional financial information on a country-by-country basis: (a) net turnover broken down by main categories of activity; (b) quantities produced sale or exchange; (c) profit or loss before taxation; (d) total number of people employed and their aggregate remuneration. (e) expenditure on fixed asset investment during the course of the period.