Activities of Sergio Gaetano COFFERATI related to 2013/0110(COD)
Shadow reports (1)
REPORT on the 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 non-financial and diversity information by certain large companies and groups PDF (922 KB) DOC (1 MB)
Amendments (16)
Amendment 59 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Directive 2013/34/EU
Article 18 – paragraph 2a
Article 18 – paragraph 2a
Article 1a Country by Country Reporting 2a. In the notes to the financial statements, large undertaking and public- interest entities shall disclose, 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) sales and purchases; (e) profit or loss before tax; (f) tax on profit or loss; (g) public subsidies received. (This should be put before Article 1 of this Directive)
Amendment 62 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companlarge undertakings and public-interest entities should be required to include in their mannualagement report a non-financial statement containing information on undertakings' activity impact on society relating to at least environmental matters, social, gender and employee-related matters,ment matters, including social dialogue and respect of trade unions' rights, and respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the riskssignificant incidents occurred during the reporting period as well as an assessment of all current and potential risks to the undertaking and society related to those matters.
Amendment 67 #
Proposal for a directive
Recital 6 e (new)
Recital 6 e (new)
(6e) The undertakings' activity impact on society should include the impacts generated by the activities of the undertaking as well as by other undertakings' activities that are linked to the reporting company by business relationships, such as joint venture initiatives and the supply and subcontracting chains.
Amendment 73 #
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 Scnon-financial- information undertakings should rely on the guidelines adopted by means of delegated acts by the European Commission. Before themse (EMAS), and international frameworks such as the United Nations (UN) Global Compact,guidelines are available, undertakings should rely as minimum on the Guiding Principles on Business and Human Rights implementing the UN ‘nited Nations "Protect, Respect and Remedy’" Framework, and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises, 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. The undertakings may additionally rely also on national, EU-based or international frameworks and, if so, should specify which frameworks they have relied upon.
Amendment 78 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Companies should provide detailed information in relation to matters that stand out as being most likely for risks of severe impacts to materialise along with those that have already materialised. Severity of impacts should be judged by their scale and gravity, the number of individuals impacted at present or in the future and any irremediable character, in the sense of any limits to restore those who have been impacted by a situation to at least the same as, or equivalent to, the situation before an adverse impact.
Amendment 83 #
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) The risks of adverse impacts may stem from companies' own initiatives or may be linked to companies' operations, products or services by a business relationship, including with their suppliers clients, subcontractors or other business partners. It is therefore necessary that this is reflected in information provided by companies on their policies, risks and results.
Amendment 96 #
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 500, and exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 millionlarge undertakings and public-interest entities.
Amendment 108 #
Proposal for a directive
Recital 16
Recital 16
(16) The obligation to disclose their diversity policies for their administrative, management and supervisory bodies with regard to gender and other aspects such as age, genderdisability, geographical diversity, educational and professional background should only apply to large listed companies. Therefore small and medium-sized companies that may be exempted from certain accounting obligations under article 27 of Directive 78/660/EEC should not be covered to by this obligation. Disclosure of the diversity policy should be part of the corporate governance statement, as laid down by Article 46a20 of Directive 78/660/EEC. Companies not having a such a diversity policy should not be obliged to put one in place, but they should clearly explain why this is the case2013/34/EU.
Amendment 177 #
Proposal for a directive
Article 2 a (new) – point b
Article 2 a (new) – point b
Directive 2013/34/EU
Article 5 a (new)
Article 5 a (new)
(b) The following Article is inserted: Article 5a Enforcement Member States shall ensure that effective and adequate mechanisms are in place in order to ensure correct disclosure of non- financial information by companies, in accordance with the provisions of this Directive. Member States shall ensure that effective national procedures are in place to enforce compliance with the obligations of this Directive and that these procedures are available for all persons and legal entities having a legitimate interest, in accordance with national law, in ensuring that the provisions of this Directive are respected.
Amendment 178 #
Proposal for a directive
Article 2 a (new) – point c
Article 2 a (new) – point c
Directive 2013/34/EU
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
(c) In Article 18, the following paragraph is inserted: '2a. In the notes to the financial statements large undertakings and all public-interest entities shall disclose, 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) value of assets and annual cost of maintaining those assets; e) sales and purchases; f) profit or loss before tax; g) tax on profit or loss; h) public subsidies received; i) parent companies shall provide a list of subsidiaries operating in each Member State or third country alongside the relevant data.'
Amendment 184 #
Proposal for a directive
Article 2 a (new) – point d
Article 2 a (new) – point d
Directive 2013/34/EU
Article 19 – paragraphs 1a to 1e (new)
Article 19 – paragraphs 1a to 1e (new)
Amendment 187 #
Proposal for a directive
Article 2 a (new) – point d
Article 2 a (new) – point d
Directive 2013/34/EU
Article 19 – paragraph 4
Article 19 – paragraph 4
(d) In Article 19, paragraph 4 is replaced by the following: '4. Where a company prepares a comprehensive report corresponding to the same financial year relying on national, EU-based or international frameworks and which covers the information provided for in paragraph 1(a) according to the specific provisions defined thereby and by the guidelines for the application of the measures of this Directive relating to the non-financial statement, it shall be exempt from the obligation to prepare the non-financial statement set out in paragraph 1(a), provided that such report is part of the management report and contains the relevant KPIs according to paragraph 1(b).
Amendment 191 #
Proposal for a directive
Article 2 a (new) – point e
Article 2 a (new) – point e
Directive 2013/34/EU
Article 20 – paragraph 1 – point f a (new)
Article 20 – paragraph 1 – point f a (new)
(e) In Article 20(1), the following point is added: (fa) a description of the undertaking's diversity policy for its administrative, management and supervisory bodies with regard to gender and other aspects such as age, geographical diversity, disability, educational and professional background, the objectives of this diversity policy, how it has been implemented and the results in the reporting period.'
Amendment 199 #
Proposal for a directive
Article 2 a (new) – point f
Article 2 a (new) – point f
Directive 2013/34/EU
Article 29 – paragraphs 1 a – 1 c (new)
Article 29 – paragraphs 1 a – 1 c (new)
Amendment 201 #
Proposal for a directive
Article 2 a (new) – point f
Article 2 a (new) – point f
Directive 2013/34/EU
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
(f) In Article 29, the following paragraph is added: '3a. For the purposes of paragraph 1 of this Article, where a parent undertaking prepares a comprehensive report corresponding to the same financial year and referring to the whole group, relying on national, EU-based or international frameworks and covering the information provided for in paragraph 1(a) according to the specific provisions defined thereby and by the guidelines for the application of the measures of this Directive relating to the non-financial statement, the parent undertaking shall be exempt from the obligation to prepare the non-financial statement set out in paragraph 1(a), provided that such comprehensive report is part of the consolidated management report and contains the relevant KPIs according to paragraph 1(b).
Amendment 207 #
Proposal for a directive
Article 2 a (new) – point k
Article 2 a (new) – point k
Directive 2013/34/EU
Article 51 a (new)
Article 51 a (new)