21 Amendments of Catherine BEARDER related to 2011/0308(COD)
Amendment 27 #
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 forests27 should disclose in a separate report on an annual basis material payments made to governments in the countries in which they operate. Sshould 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. 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 ining shall also specify the specific project or projects to which those payments have been attributed. The report should 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)28 and the Timber Regulation29 which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EU market.
Amendment 29 #
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 Criteria30 and accountto be accountable 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 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 25 000. 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 information.
Amendment 30 #
Proposal for a directive
Recital 35
Recital 35
(35) In order to take account of future changes to the laws of the Member States and in the legislation of the Union concerning company types, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of updating the lists of undertakings contained in Annexes I and II. The use of delegated acts is also necessary to adapt the undertaking size criteria, as with the passage of time inflation will erode their real value. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. In order to ensure a relevant and appropriate level of disclosure of payments to governments by the extractive industry and loggers of primary forests and to ensure uniform application of this Directive, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of the specification of the concept of materiality of payments.
Amendment 32 #
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, transportation, export, 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 Council34 .
Amendment 33 #
Proposal for a directive
Article 36 – paragraph 1 – point 4
Article 36 – paragraph 1 – point 4
4. ‘"Project’" is equivalent to a specific operational reporting unit at the 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 buasiness, reporting shall be on that basis.
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 forest, 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.
Amendment 38 #
Proposal for a directive
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. The report shall specify the following when material to the recipient government:
Amendment 39 #
Proposal for a directive
Article 38 – paragraph 1 – point b a (new)
Article 38 – paragraph 1 – point b a (new)
(ba) additional financial information regarding activities in third countries on a country-by-country basis as defined in paragraph 3b;
Amendment 40 #
Proposal for a directive
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. In the case of large undertakings and all public interest entities active in the extractive industry or the logging of primary forests, the report shall, where those payments have been attributed to a specific project, also specify the amount per type of payment, including payments in kind, made for each such project within a financial year, and the total amount of payments for each such project.
Amendment 41 #
Proposal for a directive
Article 38 – paragraph 2 – point f a (new)
Article 38 – paragraph 2 – point f a (new)
(fa) payments to State security forces for security services;
Amendment 42 #
Proposal for a directive
Article 38 – paragraph 2 – point f b (new)
Article 38 – paragraph 2 – point f b (new)
(fb) taxes on lands and buildings;
Amendment 43 #
Proposal for a directive
Article 38 – paragraph 2 – point f c (new)
Article 38 – paragraph 2 – point f c (new)
(fc) import and export levies and taxes;
Amendment 44 #
Proposal for a directive
Article 38 – paragraph 2 – point f d (new)
Article 38 – paragraph 2 – point f d (new)
(fd) consumption-based taxes;
Amendment 45 #
Proposal for a directive
Article 38 – paragraph 2 – point f e (new)
Article 38 – paragraph 2 – point f e (new)
(fe) payments for having broken the law, such as environmental and remediation liabilities;
Amendment 46 #
Proposal for a directive
Article 38 – paragraph 2 – point f f (new)
Article 38 – paragraph 2 – point f f (new)
(ff) withholding taxes;
Amendment 47 #
Proposal for a directive
Article 38 – paragraph 2 – point g
Article 38 – paragraph 2 – point g
(g) other direct benefits to the government concerned.
Amendment 48 #
Proposal for a directive
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Payments shall be disclosed if any one payment or set of payments of the same type amount to more than EUR 25 000.
Amendment 49 #
Proposal for a directive
Article 38 – paragraph 3 b (new)
Article 38 – paragraph 3 b (new)
3b. The report shall also specify the following additional financial information on a country-by-country basis: (a) net turnover; (b) quantities produced; (c) profit or loss before taxation; (d) total number of people employed and their aggregate remuneration.
Amendment 50 #
Proposal for a directive
Article 38 – paragraph 4
Article 38 – paragraph 4
Amendment 51 #
Proposal for a directive
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 52 #
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. A Member State shall require any large undertaking or any public interest entity active in the extractive industry or the logging of primary forests and governed by its national law to draw up a consolidated report on payments to governments in accordance with Articles 37 and 38 if that parent undertaking is under the obligation to prepare consolidated financial statements as laid down in Article 23(1) to 23(6) of this Directive.