Awaiting Council 1st reading position / budgetary conciliation convocation
2012/0299(COD) Gender balance among non-executive directors of companies listed on stock exchanges
Lead committee dossier: CJ02/7/11681
Legal Basis RoP 055, TFEU 157-p3
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | ECON | SCHMIDT Olle (ALDE) | |
| Opinion | EMPL | CORNELISSEN Marije (Verts/ALE) | |
| Lead | FEMM | KRATSA-TSAGAROPOULOU Rodi (PPE), REGNER Evelyn (S&D) | NIEBLER Angelika (PPE), THOMSEN Britta (S&D), KOCH-MEHRIN Silvana (ALDE), WIKSTRÖM Cecilia (ALDE), CORNELISSEN Marije (Verts/ALE), KARIM Sajjad (ECR), YANNAKOUDAKIS Marina (ECR), LIOTARD Kartika Tamara (GUE/NGL) |
| Lead | FEMM | KRATSA-TSAGAROPOULOU Rodi (PPE) | |
| Opinion | IMCO | PARVANOVA Antonyia (ALDE) | |
| Lead | JURI | KRATSA-TSAGAROPOULOU Rodi (PPE), REGNER Evelyn (S&D) | NIEBLER Angelika (PPE), THOMSEN Britta (S&D), KOCH-MEHRIN Silvana (ALDE), WIKSTRÖM Cecilia (ALDE), CORNELISSEN Marije (Verts/ALE), KARIM Sajjad (ECR), YANNAKOUDAKIS Marina (ECR), LIOTARD Kartika Tamara (GUE/NGL) |
| Opinion | JURI | REGNER Evelyn (S&D) |
Legal Basis RoP 055, TFEU 157-p3
Subjects
Activites
- #3357
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2014/12/11
Council Meeting
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3357
summary
The Council was not able to reach a general approach on a directive improving the gender balance on company boards. To recall, the proposed directive would set a quantitative objective for the proportion of the under-represented sex on the boards of listed companies of 40% by 2020 (by 2018 in the case of public undertakings). The companies would be obliged to work towards that objective by, inter alia, introducing procedural rules on the selection and appointment of nonexecutive board members. In order to reach a compromise on this proposal, the presidency has introduced: a flexibility clause: this clause would allow Member States to pursue the aims of the directive by means of their own choosing and to suspend the procedural requirements, provided that they have already taken equally effective measures or attained progress coming close to the objectives set in the directive. To combine flexibility with maximum legal certainty, scenarios are defined which would be deemed by law to guarantee "equal effectiveness." It also leaves open the possibility that Member States might be entitled to use the flexibility clause in other legitimate cases where equal effectiveness or sufficient progress had been demonstrated; revised implementation and reporting calendar: the revised implementation calendar would require the Member States to transpose the directive no later than three years after its adoption. In the current text, the reporting deadlines have also been extended in line with this new implementation date. The revised calendar would give Member States and companies more time to prepare their own measures and to make progress, including any preparations for applying the flexibility clause. The European Parliament has already adopted its position at first reading.
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3357
summary
- #3280
- 2013/12/09 Council Meeting
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2013/11/20
Results of vote in Parliament
- Results of vote in Parliament
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T7-0488/2013
summary
The European Parliament adopted by 459 votes to 148, with 81 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures. The European Parliament’s position at first reading under the ordinary legislative amended the Commission proposal as follows: Gender policy: Parliament maintained that listed companies should develop a gender-balanced model of decision-making at all levels within the company while also ensuring the elimination of the gender pay gap. That policy may include: a description of the relevant measures implemented in that company, such as nominating both a female and male candidate for key positions, mentoring schemes and career development guidance for women, and human resource strategies to encourage diverse recruitment; offering flexible working conditions for all employees, for example assistance for parental leave, as well as providing assistance for housework and childcare. Objectives with regard to non-executive directors: Listed companies in the Union should aim to attain the objective of having at least 40 % of non-executive directors of the under-represented sex by 1 January 2020 at the latest. Companies are obliged to: select the most qualified candidates for a board position from a gender-balanced selection pool and on the basis of a comparative analysis of the qualifications by applying pre-established, clear, neutrally formulated, non-discriminatory and unambiguous criteria; at least disclose to an unsuccessful candidate, the number and gender of the candidates in the selection pool. An unsuccessful candidate of the under-represented sex who considers him- or herself wronged may establish, before a court or other competent body, facts from which it may be presumed that the candidate was equally qualified as the appointed candidate of the other sex. Where the selection is made through a vote of shareholders or employees, companies shall ensure that voters are properly informed regarding the measures provided for in this Directive, including sanctions for non-compliance by the company. Additional measures taken by the companies and reporting requirements: listed companies must publish information about the gender representation on their boards in an appropriate and easily accessible manner on their website and in their annual report. A listed company shall provide a statement of the reasons for its failure to attain those objectives or to fulfil those commitments. Sanctions: Parliament proposed to add to the sanctions applicable to infringements of the national provisions adopted pursuant to this Directive: i) the exclusion from public call for tenders; and ii) partial exclusion from the award of funding from the European structural funds. Reports: the Commission shall submit an evaluation report by 1 July 2017 on the implementation of the requirements for listed companies on the basis of the reports submitted by the Member States. The Commission shall also present a report on the way in which the principles of this Directive are applied by all Union institutions and agencies and are incorporated into the rules governing their internal staffing procedures. The Commission's report shall also examine whether the scope of this Directive should be extended to cover non-listed public undertakings which do not fall within the definition of SME, non-listed large undertakings and executive directors of listed companies.
- 2013/11/19 Debate in Parliament
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2013/10/25
Committee report tabled for plenary, 1st reading/single reading
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A7-0340/2013
summary
The Committee on Legal Affairs and the Committee on Women’s Rights and Gender Equality, working jointly, adopted the report by Rodi KRATSA-TSAGAROPOULOU (PPE, EL) and Evelyn REGNER (S&D, AT) on the proposal for a directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures. It recommended that the European Parliament’s position at first reading under the ordinary legislative should be to amend the Commission proposal as follows: Gender policy: Members maintained that listed companies should develop a gender policy in order to attain a more balanced gender representation throughout the company concerned. That policy may include a description of the relevant measures implemented in that company, such as nominating both a female and male candidate for key positions, mentoring schemes and career development guidance for women, and human resource strategies to encourage diverse recruitment. Furthermore, it may include offering flexible working conditions for all employees, for example assistance for parental leave, as well as providing assistance for housework and childcare. Objectives with regard to non-executive directors: listed companies are obliged to at least disclose to an unsuccessful candidate, the number and gender of the candidates in the selection pool. An unsuccessful candidate of the under-represented sex who considers him- or herself wronged may establish, before a court or other competent body, facts from which it may be presumed that the candidate was equally qualified as the appointed candidate of the other sex. Where the selection is made through a vote of shareholders or employees, companies shall ensure that voters are properly informed regarding the measures provided for in this Directive, including sanctions for non-compliance by the company. Additional measures taken by the companies and reporting requirements: listed companies must publish information about the gender representation on their boards in an appropriate and easily accessible manner on their website and in their annual report. A listed company shall provide a statement of the reasons for its failure to attain those objectives or to fulfil those commitments. Sanctions: the Members propose to add to the sanctions applicable to infringements of the national provisions adopted pursuant to this Directive: i) the exclusion from public call for tenders; and ii) partial exclusion from the award of funding from the European structural funds. Reports: the Commission shall submit an evaluation report by 1 July 2017 on the implementation of the requirements for listed companies on the basis of the reports submitted by the Member States. The Commission shall also present a report on the way in which the principles of this Directive are applied by all Union institutions and agencies and are incorporated into the rules governing their internal staffing procedures. The Commission's report shall also examine whether the scope of this Directive should be extended to cover non-listed public undertakings which do not fall within the definition of SME, non-listed large undertakings and executive directors of listed companies.
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A7-0340/2013
summary
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2013/10/14
Vote in committee, 1st reading/single reading
- #3247
- 2013/06/20 Council Meeting
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2013/01/17
Referral to joint committee announced in Parliament
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2012/11/22
Committee referral announced in Parliament, 1st reading/single reading
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2012/11/14
Legislative proposal published
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COM(2012)0614
summary
PURPOSE: ensuring more balanced representation of men and women among non-executive directors of companies listed on stock exchanges. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: company boards in the EU are characterised by persistent gender imbalances, as evidenced by the fact that only 13.7% of corporate seats in the largest listed companies are currently held by women (15% among non-executive directors). Progress in increasing the presence of women on company boards has been very slow, with an average annual increase in the past years of just 0.6 percentage points. The divergence or the absence of regulation at national level does not only lead to the discrepancies in the number of women among executive and non-executive directors and different rates of improvement across Member States, but also poses barriers to the internal market by imposing divergent corporate governance requirements on European listed companies. The European Commission reaffirmed its support for an increased participation of women in positions of responsibility, both in its Women's Charter and its Strategy for Equality between Women and Men 2010-2015. In the European Pact for Gender Equality 2011-2020, adopted on 7 March 2011, the Council acknowledged that gender equality policies are vital to economic growth, prosperity and competitiveness and urged action to promote the equal participation of women and men in decision-making at all levels and in all fields. The European Parliament, in its resolutions of 6 July 2011 and 13 March 2012, called upon companies and Member States to increase female representation of women in decision-making bodies and invited the Commission to propose legislative quotas to attain the critical threshold of 30 per cent female membership of management bodies by 2015 and 40 per cent by 2020. The European social partners have reaffirmed their commitment to further action in this area in their work programme for 2012-2014. IMPACT ASSESSMENT: the Commission analysed five policy options: Option 1: the baseline scenario (i.e. no further action at EU level); Option 2: a Commission Recommendation encouraging Member States to achieve the objective of at least 40% of board members of each gender by 2020; Option 3: a Directive introducing a binding objective of at least 40% of each gender by 2020 for non-executive directors; Option 4: a Directive introducing a binding objective of at least 40% of board members of each gender by 2020 for non-executive directors and a flexible objective for executive directors, which would be set by the companies themselves; Option 5: a Directive introducing a binding objective of at least 40% of board members of each gender by 2020 for both executive and non-executive directors. The outcome of the comparison of the consequences of the different policy options was that (i) binding measures are more effective in meeting the policy objectives than non-binding measures, (ii) measures that target both executive and non-executive board members are more effective than measures only targeting one group and (iii) binding measures will generate more societal and economic benefits than non-binding measures. The proposal is therefore based on Option 4. LEGAL BASIS: Article 157(3) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the purpose of the proposal is to substantially increase the number of women on corporate boards throughout the EU by setting a minimum objective of a 40% presence of the under-represented sex among the non-executive directors of companies listed on stock exchanges and by requiring companies with a lower share of the under-represented sex among the non-executive directors to introduce pre-established, clear, neutrally formulated and unambiguous criteria in selection procedures for those positions in order to attain that objective by 1 January 2020. A shorter deadline for achieving the objective (1 January 2018) is set for listed companies which are public undertakings. The proposal: specifies the method of calculation of the exact number of non-executive director positions necessary to meet the 40% objective; imposes a preference rule with the aim of meeting the objective: in the presence of equally qualified candidates of both sexes, priority shall be given to the candidate of the under-represented sex unless an objective assessment taking account of all criteria specific to the individual candidates tilts the balance in favour of the candidate of the other sex. This procedural requirement is necessary to ensure that the objectives comply with the case-law of the Court of Justice of the European Union concerning positive action; imposes a disclosure obligation and a burden of proof rule applicable in cases of challenges to the selection procedure by an unsuccessful candidate; provides for a possibility of justifying non-compliance with the objective where the members of the under-represented sex represent less than 10 per cent of the workforce; provides that the 40% objective can also be met where the members of the under-represented sex hold at least one third of all director positions, irrespective of whether they are executive or non-executive; imposes an obligation for listed companies to undertake individual commitments regarding the representation of both sexes among executive directors; imposes an obligation for listed companies to provide and publish information on the gender composition of their boards; imposes on listed companies which fail to meet the objectives concerning the non-executive directors or commitments concerning executive directors an additional obligation to explain the reasons and to include the description of measures taken and planned in order to meet the objectives or commitments in the future; obliges Member States to lay down rules on sanctions applicable in case of breach of this Directive. BUDGETARY IMPLICATION: the proposal has no implications for the Union budget.
- DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, REDING Viviane
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COM(2012)0614
summary
Documents
- Legislative proposal published: COM(2012)0614
- Debate in Council: 3247
- Committee report tabled for plenary, 1st reading/single reading: A7-0340/2013
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0488/2013
- Debate in Council: 3280
- Debate in Council: 3357
| Amendments | Dossier |
| 687 |
2012/0299(COD)
2013/04/18
IMCO
57 amendments...
Amendment 10 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article
Amendment 11 #
Proposal for a directive Recital 6 a (new) (6 a) The EU institutions and agencies should lead by example by improving gender balance. The principles laid down in this Directive should be incorporated into the rules governing the internal staffing procedures of the European Commission, the European Parliament, and all EU-institutions and agencies, including the European Central Bank. More efficient gender policies must be developed in all EU institutions to impact on recruitment to, training in, and the everyday functioning of the different EU institutions. For that purpose the institutions shall ensure that gender balance is achieved in the recruitment of senior management, including Director- Generals, Directors and Heads of Unit.
Amendment 12 #
Proposal for a directive Recital 6 a (new) (6 a) A better representation of society in boards through gender balance would provide the companies involved with a broader understanding of consumers' needs and economic behaviour, which would help them to better match offer and demand, ensuring a more efficient functioning of the internal market.
Amendment 13 #
Proposal for a directive Recital 6 b (new) (6 b) It is essential that the management of the Commission, the EU's executive body, improves its gender balance to represent better the European citizens. Member States are therefore called upon to nominate both male and female candidates for each position in the college of the Commissioners in order to achieve a gender balance in the Commission college.
Amendment 14 #
Proposal for a directive Recital 6 c (new) (6 c) The European Central bank (ECB), the European System of Financial Supervision (ESFS) – including the European Systemic Risk Board (ESRB) – and the European Supervisory Authorities (ESAs) should comply with all aspects of equality and non-discrimination on the basis of gender. The Boards of Supervisors of the ESAs should also be encouraged to present a gender-balanced list of candidates for the positions of Chairmen and Executive Directors at the relevant hearing in the European Parliament. The final selection of these positions should be gender balanced. It is also important that the Steering Committee and Advisory Committees of the ESRB are gender balanced.
Amendment 15 #
Proposal for a directive Recital 6 d (new) (6 d) The supervisory board of the European Central Bank (ECB), including the roles of Chair and Vice Chair, should be balanced from a gender perspective. Whenever a vacancy arises on ECB Executive Board those Member States that have adopted the euro as a currency should be encouraged to nominate two candidates, a male and a female, for the vacant position. The Member States should also be encouraged to appoint women as governors of the national central banks (NCBs) in order to achieve a gender balance in the Governing Council and the General Council of the ECB and on the General Board of the ESRB.
Amendment 16 #
Proposal for a directive Recital 9 (9) Existing evidence also shows that labour market equality can improve economic growth substantially. Enhancing female presence in the boardrooms of listed companies in the Union not only affects the women appointed to boards, but also contributes to attracting female talent to the company and ensuring a greater presence of women at all levels of management and in the workforce. Therefore, a
Amendment 17 #
Proposal for a directive Recital 10 (10) Despite the existing Union legislation aimed at preventing and combating sex discrimination, the Council recommendations aimed specifically at increasing the presence of women in economic decision-making and Union- level actions encouraging self-regulation, women continue to be strongly
Amendment 18 #
Proposal for a directive Recital 10 (10) Despite the existing Union legislation aimed at preventing and combating sex discrimination, the Council recommendations aimed specifically at
Amendment 19 #
Proposal for a directive Recital 11 (11) The proportion of women on company boards is progressing very slowly, with an average annual increase of just 0.6 percentage points during the past years. The rate of improvement has differed in individual Member States and has led to highly divergent results. Much more significant progress was noted in the Member States where binding measures have been introduced. Growing discrepancies between Member States
Amendment 20 #
Proposal for a directive Recital 11 a (new) (11 a) Member States should adopt strategies moving towards a socio-cultural shift in their approach to gender balance by using versatile means to encourage women's participation in the management hierarchy and the taking up of proactive approaches and actions by employers. Such means could include inter alia promoting flexible work schedules, encouraging family friendly workplaces by providing access to day-care.
Amendment 21 #
Proposal for a directive Recital 12 (12) The scattered and divergent regulation or the absence of regulation at national
Amendment 22 #
Proposal for a directive Recital 12 a (new) (12 a) One of the main factor for a correct implementation of the following directive is the effective use of criteria for the selection of non-executive directors, which would be set in advance and with full transparency, and where candidates' competencies are equally considered regardless their gender.
Amendment 23 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of a vacancy announcement opening up for applications and an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance is necessary in order to attain gender balance among non-executives directors. Only an EU-level measure can effectively help to ensure a competitive level-playing field throughout the Union and avoid practical complications in business life.
Amendment 24 #
Proposal for a directive Recital 14 (14)
Amendment 25 #
Proposal for a directive Recital 16 (16) The Union should therefore aim to increase the presence of women on company boards, in order both to boost economic growth and the competitiveness of European companies and to achieve effective gender equality on the labour market. This aim should be
Amendment 26 #
Proposal for a directive Recital 17 (17) Companies listed on stock exchanges enjoy a particular economic importance, visibility and impact on the market as a whole. The measures provided for in this Directive should therefore apply to listed companies, which are defined as companies incorporated in a Member State whose securities are admitted to trading on a regulated market within the meaning of Article 4(1) (14) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, in one or more Member States. These companies set standards for the economy in its entirety and their practices can be expected to be followed by other types of companies. The public nature of listed companies justifies that they be
Amendment 27 #
Proposal for a directive Recital 17 (17) Companies listed on stock exchanges enjoy a particular economic importance, visibility and impact on the market as a whole. The measures provided for in this Directive should therefore apply to listed companies, which are defined as companies incorporated in a Member State
Amendment 28 #
Proposal for a directive Recital 17 a (new) (17 a) Non-listed companies also play a major role in the economy. In principle, they should therefore be included in the scope of this Directive. However, since the gender situation in these companies is not generally well-known and since particular provisions might be needed in order to reflect their specificities and varying nature within and across Member States, the inclusion should not be made until at a later stage, The Commission should present a proposal with that effect after having carried out a thorough investigation into all relevant aspects.
Amendment 29 #
Proposal for a directive Recital 18 (18) This Directive should not apply to micro, small and medium-sized enterprises (SMEs), as defined by Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises
Amendment 30 #
Proposal for a directive Recital 21 (21) In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the company's workforce and/or organisations of workers pursuant to national law or practice. The quantitative objectives provided for in this Directive should apply to all non-executive directors including employee representatives. However, the practical procedures for ensuring that those objectives are attained, taking into account the fact that some non-executive Directors are employee representatives, should be defined by the Member States concerned on the basis of careful and extensive consultations with social partners at the national level.
Amendment 31 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre-
Amendment 32 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should
Amendment 33 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be
Amendment 34 #
Proposal for a directive Recital 23 Amendment 35 #
Proposal for a directive Recital 24 (24) Determining the number of non- executive director positions necessary to meet the objective
Amendment 36 #
Proposal for a directive Recital 24 (24) Determining the number of non- executive director positions necessary to meet the objective requires further specification since for most board sizes it is mathematically possible only to go beyond or remain below
Amendment 37 #
Proposal for a directive Recital 26 (26) In line with that case-law, Member States should ensure that the selection of the best qualified candidates for non- executive directors is based on a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate on the basis of pre-
Amendment 38 #
Proposal for a directive Recital 28 (28) This Directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed companies should therefore be
Amendment 39 #
Proposal for a directive Recital 29 (29) Where an unsuccessful candidate of the under-represented sex establishes the
Amendment 40 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Article 4(1) as well as forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 41 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia,
Amendment 42 #
Proposal for a directive Recital 31 Amendment 43 #
Proposal for a directive Recital 34 (34) Member States should require listed
Amendment 44 #
Proposal for a directive Recital 35 (35) Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive. Such Member States should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under-represented sex of a
Amendment 45 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down measures
Amendment 46 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down measures to ensure a more balanced representation of men and women among the non-executive directors of listed companies by establishing measures aimed at accelerated progress towards gender balance, respecting Member States' economic and legal framework, while allowing companies sufficient time to make the necessary arrangements.
Amendment 47 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 48 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of
Amendment 49 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall en
Amendment 50 #
Proposal for a directive Article 4 – paragraph 2 2. The number of non-executive director positions necessary to meet the objective laid down in paragraph 1 shall be
Amendment 51 #
Proposal for a directive Article 4 – paragraph 3 3. In order to attain the objective laid down in paragraph 1, Member States
Amendment 52 #
Proposal for a directive Article 4 – paragraph 3 3. In order to attain the objective laid down in paragraph 1, Member States shall ensure that, in the selection of non-executive directors, priority shall be given to the candidate of the under-represented sex if that candidate is equally qualified as a candidate of the other sex in terms of suitability, competence and professional performance, unless an objective assessment taking account of all criteria specific to the individual candidates tilts the balance in favour of the candidate of the other sex. The criteria used for the selection referred in first sub-paragraph shall be clear, transparent and non-discriminatory. They shall be set in advance and made available for any candidate.
Amendment 53 #
Proposal for a directive Article 4 – paragraph 3 a (new) 3 a. The Member States shall define in their legislation the appropriate stage of the procedure of selection of non- executive directors for the purpose of reaching in the most effective way the objective set in paragraph 1.
Amendment 54 #
Proposal for a directive Article 4 – paragraph 3 b (new) 3 b. Where the selection referred in paragraph 3 is made through a vote of shareholders or employees, companies shall ensure that appropriate information relating to the measures set in this directive are provided to voters, including the sanctions incurred by the company because of non-compliance;
Amendment 55 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall ensure that listed companies are
Amendment 56 #
Proposal for a directive Article 4 – paragraph 6 Amendment 57 #
Proposal for a directive Article 5 – paragraph 1 1. Member States
Amendment 58 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall require listed companies to provide information to the competent national authorities, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information in an appropriate and easily accessible manner in the annual report and on their website.
Amendment 59 #
Proposal for a directive Article 5 – paragraph 3 3. Where a listed company does not meet the objectives laid down in Article 4(1) or its own individual commitments taken pursuant to paragraph 1 of this Article, the information referred to in paragraph 2 of this Article shall include the reasons for not reaching the objectives or commitments and a comprehensive description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments.
Amendment 60 #
Proposal for a directive Article 6 – paragraph 2 – point b (b) nullity or annulment declared by a judicial body of the appointment or of the election of non-executive directors made contrary to the national provisions adopted pursuant to Article 4(1). The nullity or annulment of the appointment or of the election of non-executive directors should not have any consequence on the validity of the decisions taken by the board.
Amendment 61 #
Proposal for a directive Article 6 – paragraph 2 – point b a (new) (ba) forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 62 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Amendment 63 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Without prejudice to Article 4(6) and (7), Member States which before the entry into force of this Directive have already taken measures to ensure a more balanced representation of women and men among the non-executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in Article 4(1), (3),
Amendment 64 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1 a. The Commission shall, no later than 1 January 2016, present a proposal for the inclusion in the scope of this Directive of non-listed companies which are not SMEs. The proposal might incorporate provisions aimed at reflecting the specificities and varying nature of these companies.
Amendment 65 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 1 Member States having suspended pursuant to Article 8(3) the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in Article 8(3). The Commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under-represented sex to hold a
Amendment 66 #
Proposal for a directive Article 9 – paragraph 3 3. The Commission shall review the application of this Directive and report to the European Parliament and the Council by
source: PE-508.311
2013/05/13
ECON
207 amendments...
Amendment 100 #
Proposal for a directive Recital 21 b (new) (21b) Keeping in mind that individual commitment of companies is the only way to change attitudes and practices toward women and men in a more comprehensive manner within companies. It also allows for companies to take action more broadly than merely among non-executive directors. Therefore it is necessary that all companies have a Gender policy in place.
Amendment 101 #
Proposal for a directive Recital 22 Amendment 102 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than
Amendment 103 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of
Amendment 104 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020. However, owing to the diversity of the company law system in the Member States, Member States may decide not to apply the procedural rules of Article 4(1) in cases where the shareholders meeting has proposed candidates for board election during the shareholders meeting where the election is carried out. Therefore, the Directive establishes the objective of at least 40 per cent of non- executive directors of the under- represented sex by that date. This objective in principle only concerns the overall
Amendment 105 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January
Amendment 106 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order to attain the
Amendment 107 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications
Amendment 108 #
Proposal for a directive Recital 22 a (new) (22a) In order to include a broader set of perspectives and experiences in economic decision making, listed companies should be encouraged to take into account not just gender equality but also diversity as regards competence, age, geographical provenance, ethnicity, and educational and professional background in their recruitment policies.
Amendment 109 #
Proposal for a directive Recital 23 (23) Member States exercise a dominant influence over listed companies which are public undertakings within the meaning of Article 2(b) of Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings, as well as on financial transparency within certain undertakings. Due to that dominant influence, they have the instruments at their disposal to bring about the necessary change more rapidly. Therefore, in such companies the objective of least
Amendment 110 #
Proposal for a directive Recital 23 (23) Member States exercise a dominant influence over listed companies which are public undertakings within the meaning of Article 2(b) of Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings, as well as on financial transparency within certain undertakings. Due to that dominant influence, they have the instruments at their disposal to bring about the necessary
Amendment 111 #
Proposal for a directive Recital 23 (23) Member States exercise a dominant influence over listed companies which are public undertakings within the meaning of Article 2(b) of Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings, as well as on financial transparency within certain undertakings. Due to that dominant influence, they have the instruments at their disposal to bring about the necessary change more rapidly. Therefore, in such companies the objective of least 40 per cent of non-executive directors of the under-represented sex should be set at an earlier date, in respect with the adequate mechanisms set by Member States, in line with the Directive.
Amendment 112 #
Proposal for a directive Recital 24 Amendment 113 #
Proposal for a directive Recital 24 (24) Determining the number of non- executive director positions necessary to meet the objective requires further specification since for most board sizes it is
Amendment 114 #
Proposal for a directive Recital 24 (24) Determining the number of
Amendment 115 #
Proposal for a directive Recital 24 (24) Determining the number of non- executive director positions necessary to meet the objective requires further specification since for most board sizes it is mathematically possible only to go beyond or remain below the exact share of 40 per cent. Therefore, the number of board positions necessary to meet the objective should be the number closest to 40 per cent. At the same time, in order to avoid discrimination of the initially over- represented sex, listed companies should not be obliged to appoint members of the under-represented sex to
Amendment 116 #
Proposal for a directive Recital 26 (26) In line with
Amendment 117 #
Proposal for a directive Recital 26 (26) In line with that case-law, Member States should ensure that the selection of the best qualified candidates for
Amendment 118 #
Proposal for a directive Recital 26 (26) In line with that case-law, Member States should ensure that the selection of the best qualified candidates for non- executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre- established, clear, neutrally formulated and unambiguous criteria. Examples of types of selection criteria that companies could apply include professional experience in managerial and/or supervisory tasks, knowledge in specific relevant areas such as finance, controlling or human resources management, leadership, international experience and communication skills and networking abilities. Priority should be given to the candidate of the under- represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability, competence and professional performance
Amendment 119 #
Proposal for a directive Recital 26 (26) In line with that case-law, Member States should ensure that the selection of the best qualified candidates for non- executive directors is based on a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate on the basis of pre-
Amendment 120 #
Proposal for a directive Recital 27 (27) The methods of recruiting, selection and appointing directors differ from one
Amendment 121 #
Proposal for a directive Recital 27 (27) The methods of recruiting and appointing directors differ from one Member State to another and from one company to another. They may involve the pre-selection of candidates to be presented to the shareholders' assembly, for example by a nomination committee, the direct
Amendment 122 #
Proposal for a directive Recital 28 Amendment 123 #
Proposal for a directive Recital 28 (28) This Directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed companies should therefore be required to disclose, upon the request of an unsuccessful candidate, not only the qualification criteria upon which the selection was based, but also the objective comparative assessment of those criteria
Amendment 124 #
Proposal for a directive Recital 28 (28) This Directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed companies should therefore be required to disclose, where possible, upon the request of an unsuccessful candidate, not only the qualification criteria upon which the selection was based, but also the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate who is not of the under-represented sex . This disclosure obligation does not apply where such disclosure would endanger trade secrets or would be impossible because the elected board member was proposed by the shareholders. These limitations to the right to respect for private life with regard to the processing of
Amendment 125 #
Proposal for a directive Recital 28 (28) This Directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed companies should therefore be required to disclose,
Amendment 126 #
Proposal for a directive Recital 29 Amendment 127 #
Proposal for a directive Recital 29 Amendment 128 #
Proposal for a directive Recital 29 Amendment 129 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which
Amendment 130 #
Proposal for a directive Recital 30 (30) Member States
Amendment 131 #
Proposal for a directive Recital 30 (30) Member States should provide for
Amendment 132 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Article 4(1) as well as forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 133 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive
Amendment 134 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which
Amendment 135 #
Proposal for a directive Recital 31 Amendment 136 #
Proposal for a directive Recital 31 Amendment 137 #
Proposal for a directive Recital 31 Amendment 138 #
Proposal for a directive Recital 31 Amendment 139 #
Proposal for a directive Recital 32 Amendment 140 #
Proposal for a directive Recital 32 (32) Since listed companies should aim to increase the proportion of the under- represented sex in all decision-making positions, Member States may provide that the objective laid down in this Directive
Amendment 141 #
Proposal for a directive Recital 32 (32) Since listed companies should aim to increase the proportion of the under- represented sex in all decision-making positions, Member States may provide that the objective laid down in this Directive should be considered to be met where listed companies can show that
Amendment 142 #
Proposal for a directive Recital 33 Amendment 143 #
Proposal for a directive Recital 33 (33) In addition to the measures relating to non-executive directors, and with a view also to improving the gender balance among directors involved in daily management tasks, listed companies should be required to make individual commitments regarding the representation of both sexes among executive directors
Amendment 144 #
Proposal for a directive Recital 33 (33) In addition to the measures relating to non-executive directors, and with a view also to improving the gender balance among directors involved in daily management tasks, listed companies should be required to make individual commitments regarding
Amendment 145 #
Proposal for a directive Recital 34 (34) Member States
Amendment 146 #
Proposal for a directive Recital 34 (34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be published and, where the company in question has not met the objective, it should include a description of the measures that it has taken so far and intends to take in the future in order to meet the objective. Furthermore, companies that failed to comply should provide a justification on the reasons for not implementing the adequate mechanisms, and what concrete measures are to be adopted in order to efficiently guarantee that the objective of enhanced gender-balance is met.
Amendment 147 #
Proposal for a directive Recital 34 (34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be published in an appropriate and easily accessible manner in the annual report and on the website and, where the company in question has not met the objective, it should include a comprehensive description of the measures that it has taken so far and intends to take in the future in order to meet the objective.
Amendment 148 #
Proposal for a directive Recital 34 (34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to
Amendment 149 #
Proposal for a directive Recital 34 (34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities and in their annual report in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be published and, where the company in question has not met the objective, it should include a description of the measures that it has taken so far and intends to take in the future in order to meet the objective.
Amendment 150 #
Proposal for a directive Recital 35 (35) Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive. Such Member States should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under-represented sex of at least
Amendment 151 #
Proposal for a directive Recital 35 (35) Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive. Such Member States should have an opportunity
Amendment 152 #
Proposal for a directive Recital 35 (35) Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive. Such Member States should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under-represented sex of at least 40 per cent among non-executive directors of listed companies at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies
Amendment 153 #
Proposal for a directive Recital 37 (37) While some Member States have taken regulatory action or encouraged self- regulation with mixed results, the majority of Member States have not taken action or indicated their willingness to act in a way that would bring about sufficient improvement. Projections based on a comprehensive analysis of all available information on past and current trends as well as intentions show that a balanced gender representation among
Amendment 154 #
Proposal for a directive Recital 37 (37) While some Member States have taken regulatory action or encouraged self- regulation with mixed results, the majority of Member States have not taken action or indicated their willingness to act in a way that would bring about sufficient improvement. Projections based on a comprehensive analysis of all available information on past and current trends as well as intentions show that a balanced gender representation among non- executive board members across the Union in line with the objectives set out in this Directive will not be achieved by Member States acting individually at any point in the foreseeable future. In the light of those circumstances and given the growing discrepancies between Member States in terms of the representation of women and men on company boards, the gender
Amendment 155 #
Proposal for a directive Recital 38 (38) In accordance with the principle of proportionality, as set out in that same Article, this Directive is limited to setting common objectives and principles and does not go beyond what is necessary in order to achieve those objectives. Member States are given sufficient freedom to determine how the objectives laid down in this Directive should best be achieved taking national circumstances into account, in particular rules and practices concerning recruitment for board positions. This Directive does not interfere with the possibility for companies to appoint the most qualified board members, and it grants a flexible framework and a sufficiently long period of adaptation for all listed companies.
Amendment 156 #
Proposal for a directive Recital 39 (39) In accordance with the principle of proportionality, the objective to be met by listed companies should be limited in time and remain in force only until sustainable progress has been achieved in the gender composition of boards. For that reason, the Commission should regularly review the application of this Directive and report to the European Parliament and the Council at two-yearly intervals, starting no later than 31 December 2021. The Directive is due to expire on 31 December 2028. The Commission should assess, in its review, if there is a need to extend the duration of the Directive beyond that period.
Amendment 157 #
Proposal for a directive Recital 39 (39) In accordance with the principle of proportionality, the objective to be met by listed companies should be limited in time and remain in force only until sustainable progress has been achieved in the gender composition of boards. For that reason, the Commission should regularly review the application of this Directive and report to
Amendment 158 #
Proposal for a directive Recital 39 (39) In accordance with the principle of proportionality, the objective to be met by listed companies should be limited in time and remain in force only until sustainable progress has been achieved in the gender composition of boards. For that reason, the Commission should regularly review the application of this Directive and report to the European Parliament and the Council. The Directive is due to expire on 31 December 2028. The Commission should assess, in its review, if there is a need to extend the duration of the Directive beyond that period. Member States should cooperate with social partners and civil society in order to efficiently inform them on the Directive's signification and transposition and implementation.
Amendment 159 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down measures to ensure a more balanced representation of men and women among the
Amendment 160 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down measures to ensure a more balanced representation of men and women among the non-executive directors of listed companies by establishing binding measures aimed at accelerated progress towards gender balance while allowing companies sufficient time to make the necessary arrangements.
Amendment 161 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down measures to ensure a
Amendment 162 #
Proposal for a directive Article 2 – paragraph 1 – point 8 Amendment 163 #
Proposal for a directive Article 2 – paragraph 1 – point 8 a (new) (8a) ‘a small cap listed company’ means company with a market capitalization of less than 150 million Euros.
Amendment 164 #
Proposal for a directive Article 3 Amendment 165 #
Proposal for a directive Article 3 – paragraph 1 This Directive shall not apply to small and medium-sized enterprises (
Amendment 167 #
Proposal for a directive Article 4 – title Objectives with regard to
Amendment 168 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall e
Amendment 169 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed
Amendment 170 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than
Amendment 171 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to try to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 172 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the
Amendment 173 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions
Amendment 174 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 175 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States may decide not to apply the procedural rules of paragraph 1 in cases where the shareholders meeting has proposed candidates for board election during the shareholders' meeting where the election is carried out.
Amendment 176 #
Proposal for a directive Article 4 – paragraph 2 Amendment 177 #
Proposal for a directive Article 4 – paragraph 2 Amendment 178 #
Proposal for a directive Article 4 – paragraph 2 Amendment 179 #
Proposal for a directive Article 4 – paragraph 2 2. The number of non-executive director positions necessary to meet the objective laid down in paragraph 1 shall be the number closest to the proportion of
Amendment 180 #
Proposal for a directive Article 4 – paragraph 2 2. The number of
Amendment 181 #
Proposal for a directive Article 4 – paragraph 2 2. The number of non-executive director positions necessary to meet the objective laid down in paragraph 1 shall be
Amendment 182 #
Proposal for a directive Article 4 – paragraph 2 2. The number of non-executive director positions necessary to meet the objective laid down in paragraph 1 shall be the number closest to the proportion of 40 per cent, but not exceeding
Amendment 183 #
Proposal for a directive Article 4 – paragraph 3 Amendment 184 #
Proposal for a directive Article 4 – paragraph 3 3. In order to attain the objective laid down in paragraph 1 and in accordance with Article 23 paragraph 2 of the Charter of Fundamental Rights, Member States shall ensure that, in the
Amendment 185 #
Proposal for a directive Article 4 – paragraph 3 3. In order to attain the objective laid down in paragraph 1, Member States shall ensure that, in the selection of
Amendment 186 #
Proposal for a directive Article 4 – paragraph 3 a (new) 3a. Member States shall ensure that the requirements concerning the selection of candidates should be met at the appropriate stage of the selection process in accordance with National law and the articles of association of the listed companies concerned.
Amendment 187 #
Proposal for a directive Article 4 – paragraph 4 Amendment 188 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall ensure that listed companies are obliged to disclose, on the request of an unsuccessful candidate, the qualification criteria upon which the selection was based
Amendment 189 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall ensure that listed companies are obliged to disclose, on the request of an unsuccessful candidate, the qualification criteria upon which the selection was based, the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate of the other sex. This obligation does not apply where such disclosure would endanger trade secrets or would be impossible because the elected board member was proposed by the shareholders.
Amendment 190 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall ensure that listed companies are obliged to disclose
Amendment 191 #
Proposal for a directive Article 4 – paragraph 4 a (new) 4a. Member States shall ensure that listed companies are obliged to present a detailed proposal how to remedy in the next selection procedure in cases where the pre- selected candidates did not include at least 40% of each sex.
Amendment 192 #
Proposal for a directive Article 4 – paragraph 5 Amendment 193 #
Proposal for a directive Article 4 – paragraph 5 Amendment 194 #
Proposal for a directive Article 4 – paragraph 5 5. Member States
Amendment 195 #
Proposal for a directive Article 4 – paragraph 6 Amendment 196 #
Proposal for a directive Article 4 – paragraph 6 Amendment 197 #
Proposal for a directive Article 4 – paragraph 6 Amendment 198 #
Proposal for a directive Article 4 – paragraph 6 Amendment 199 #
Proposal for a directive Article 4 – paragraph 6 Amendment 200 #
Proposal for a directive Article 4 – paragraph 6 Amendment 201 #
Proposal for a directive Article 4 – paragraph 7 Amendment 202 #
Proposal for a directive Article 4 – paragraph 7 Amendment 203 #
Proposal for a directive Article 4 – paragraph 7 7. Member States may provide that the objective laid down in paragraph 1 is met where listed companies can show that members of the under-represented sex hold at least one third of all director positions,
Amendment 204 #
Proposal for a directive Article 4 – paragraph 7 7. Member States may provide that the objective laid down in paragraph 1 is met where listed companies can show that members of the under-represented sex hold at least one third of all director positions, irrespective of whether they are executive or non-executive. Such companies shall, however, continue to set out in their annual reports and on their websites the gender balance on their boards and their policies in this area, in accordance with Article 5(2) of this directive.
Amendment 205 #
Proposal for a directive Article 4 – paragraph 7 7. Member States may provide that the objective laid down in paragraph 1 is met where listed companies can show that members of the under-represented sex hold at least one third of all director positions, irrespective of whether they are executive or non-executive. The number necessary for meeting this one third -objective shall be the number closest to the proportion of one third.
Amendment 206 #
Proposal for a directive Article 5 – paragraph 1 Amendment 207 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that listed companies undertake individual commitments regarding gender-balanced representation of both sexes among executive directors to be achieved at the latest by 1 January 20
Amendment 208 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that listed companies undertake individual commitments regarding gender-balanced representation of both sexes among executive directors to be achieved at the latest by 1 January 2020, or, in case of listed companies which are public undertakings, by 1 January 2018. Member States shall ensure that the quota system is accompanied by a genuine gender equality policy at all levels of society, including for example training schemes, career development mentoring programmes, more flexible working hours, flexible parental leave arrangements, etc.
Amendment 209 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that listed companies undertake individual commitments regarding gender-balanced representation of both sexes among executive directors to be achieved at the latest by 1 January 2020, or, in case of listed companies which are public undertakings, by 1 January 2018. These commitments shall aim to achieve tangible progress from the individual company's current position to ensure a balanced gender representation at executive level.
Amendment 210 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall require listed companies to provide information to the competent national authorities,
Amendment 211 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall require listed companies to provide information to the competent national authorities, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information in an appropriate and accessible manner on their website. Furthermore, companies that failed to comply should provide a justification on the reasons for not implementing the adequate mechanisms, and what concrete measures are to be adopted in order to efficiently guarantee that the objective of enhanced gender- balance is met.
Amendment 212 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall require listed companies to provide information to the competent national authorities and in their annual report, once a year as from [two years after adoption], about the gender representation on their boards
Amendment 213 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall require listed companies to provide information to the competent national authorities, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information in an appropriate and easily accessible manner in the annual report and on their website.
Amendment 214 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. Member States shall create appropriate incentives to stimulate exchange of information and best practices; facilitating access of women to the business networks for business development; shaping HR policy to support the female talent pipeline and ensure no gender bias exists;
Amendment 215 #
Proposal for a directive Article 5 – paragraph 3 3.
Amendment 216 #
Proposal for a directive Article 5 – paragraph 3 3. Where a listed company does not meet the objectives laid down in Article 4(1) or its own individual commitments taken pursuant to paragraph 1 of this Article, the information referred to in paragraph 2 of this Article shall include the reasons for not reaching the objectives or commitments and a comprehensive description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments.
Amendment 217 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. Member States may provide that the objective laid down in Article 4 (1) is met where listed companies can show that members of the under-represented sex hold at least one third of all director positions, irrespective of whether they are executive or non executive.
Amendment 218 #
Proposal for a directive Article 5 – paragraph 4 4. Member States shall take the necessary measures to ensure that the body or bodies designated in accordance with Article 20 of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) are also competent for the promotion, analysis, monitoring and support of gender balance on the boards of listed companies. To this end, Member States shall efficiently collaborate with social partners and civil society.
Amendment 219 #
Proposal for a directive Article 5 – paragraph 4 4. Member States shall take the necessary measures to ensure that the body or bodies designated in accordance with Article 20 of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) are also competent and equipped with the sufficient resources for the promotion, analysis, annual monitoring and support
Amendment 220 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall lay down rules on sanctions applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all necessary measures to ensure that they are applied. Member States shall report on the Commission sanctions that are in place to comply with the provisions of this Directive.
Amendment 221 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The sanctions must be effective, proportionate and dissuasive
Amendment 222 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The sanctions must be effective, proportionate and dissuasive and
Amendment 223 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The sanctions must be effective, proportionate and dissuasive and
Amendment 224 #
Proposal for a directive Article 6 – paragraph 2 – point a Amendment 225 #
Proposal for a directive Article 6 – paragraph 2 – point b (b) nullity or annulment declared by a judicial body of the appointment or of the election of non-executive directors made contrary to the national provisions adopted pursuant to Article 4(1). However, the nullity or annulment of the appointment or of the election of non-executive directors does not affect the decisions taken by the board.
Amendment 226 #
Proposal for a directive Article 6 – paragraph 2 – point b a (new) (ba) exclusion from public calls for tenders;
Amendment 227 #
Proposal for a directive Article 6 – paragraph 2 – point b a (new) (ba) forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 228 #
Proposal for a directive Article 6 – paragraph 2 – point b a (new) (ba) full cross compliance for other EU funding whereas obligations under this Directive are breached, access to further EU funding is reduced or excluded
Amendment 229 #
Proposal for a directive Article 6 – paragraph 2 – point b b (new) (bb) restricted access to or exclusion from EU-funding
Amendment 230 #
Proposal for a directive Article 6 – paragraph 2 a (new) 2a. Eligibility of companies for tenders by an EU institution is dependent on compliance with Article 4 paragraph 1.
Amendment 231 #
Proposal for a directive Article 6 – paragraph 2 b (new) 2b. Member States may use the achievement of the objective in Article 4 paragraph 1 as an award criteria in public procurement
Amendment 232 #
Proposal for a directive Article 6 – paragraph 2 c (new) 2c. A failure to reach the objective laid down in Article 4(1) or 4(7) shall not constitute an infringement of the national provisions adopted pursuant to this Directive and shall not be subject to sanctions.
Amendment 233 #
Proposal for a directive Article 6 – paragraph 2 d (new) 2d. Criminal sanctions may not be applied in pursuit of this Directive
Amendment 234 #
Proposal for a directive Article 7 – paragraph 1 Member States
Amendment 235 #
Proposal for a directive Article 8 – paragraph 1 1. Member States
Amendment 236 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Amendment 237 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Without prejudice to Article 4(6) and (7), Member States which before the entry into force of this Directive have already taken measures to ensure a more balanced
Amendment 238 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Without prejudice to Article 4(6)
Amendment 239 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Without prejudice to Article 4(6) and (7), Member States which before the entry into force of this Directive have already taken measures to ensure a more balanced representation of women and men among the
Amendment 240 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Without prejudice to Article 4(6) and (7), Member States which before the entry into force of this Directive have already taken measures to ensure a more balanced representation of women and men among the non-executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5), provided that
Amendment 241 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 2 The Member State in question shall notify this information to the Commission. and shall request the Commission to grant suspension of the relevant provisions on the basis of the information provided. The Commission shall inform the European Parliament about the Member State's request and the Commission's assessment. The suspension will be automatically revoked if the percentage in Article 4 paragraph 1 is lower than 25% by 2015 for the listed public undertakings.
Amendment 242 #
Proposal for a directive Article 9 – paragraph -1 (new) -1. The Commission shall, no later than 1 January 2016, present a proposal for the inclusion in the scope of this Directive of non-listed companies which are not SMEs. The proposal might incorporate provisions aimed at reflecting the specificities and varying nature of these companies.
Amendment 243 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall communicate to the Commission by 1 January 20
Amendment 244 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 1 Member States having suspended pursuant to Article 8(3) the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in Article 8(3). The Commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under-represented sex to hold at least
Amendment 245 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 1 Member States having suspended pursuant to Article 8(3) the application of the procedural requirements relating to appointments contained in Article 4(1)
Amendment 246 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 1 Member States having suspended pursuant to Article 8(3) the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national or self-regulatory measures referred to in Article 8(3). The Commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under- represented sex to hold at least 40 per cent of the non-executive director positions by 1 January 2018 for listed companies which are public undertakings, and by 1 January 2020 for listed companies which are not public undertakings. The first such report shall be issued by the Commission by 1 July 2017, and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1.
Amendment 247 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 2 Member States in question shall ensure that listed companies, which by applying the national measures referred to in Article 8(3) have not appointed or elected members of the under-represented sex for at least
Amendment 248 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 2 Member States in question shall ensure that listed companies, which by applying the national measures referred to in Article 8(3) have not appointed or elected members of the under-represented sex for at least 40 per cent of the
Amendment 249 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 2 Member States in question shall ensure that listed companies, which by applying the national measures referred to in Article 8(3) have not appointed or elected members of the under-represented sex for at least 40 per cent of the non-executive director positions of their boards by 1 January 20
Amendment 250 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 2 Member States in question shall ensure that listed companies, which by applying the national or self-regulatory measures referred to in Article 8(3) have not appointed or elected members of the under- represented sex for at least 40 per cent of the non-executive director positions of their boards by 1 January 2018, where they are public undertakings, or by 1 January 2020, where they are not public undertakings, apply the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) with effect respectively from
Amendment 251 #
Proposal for a directive Article 9 – paragraph 3 3. The Commission shall review the application of this Directive and report to the
Amendment 252 #
Proposal for a directive Article 9 – paragraph 3 3. The Commission shall review the application of this Directive and report to the European Parliament and the Council by
Amendment 253 #
Proposal for a directive Article 9 – paragraph 4 Amendment 254 #
Proposal for a directive Article 9 – paragraph 4 4. In its report, the Commission shall assess whether, in the light of developments in the representation of men and women in the boards of listed companies and at different levels of decision-making throughout the economy and taking into account whether the progress made is sufficiently sustainable, there is a need to extend the duration of this Directive beyond the date specified in Article 10(2) or to amend it. It shall also assess the need to extend the scope of this directive to non-listed companies where this is justified by their size and impact on the market (number of staff, turnover, balance-sheet total, etc.). An appropriate threshold must be set above which the directive will apply.
Amendment 255 #
Proposal for a directive Article 10 – paragraph 2 2. It shall expire on 31 December 20
Amendment 256 #
Proposal for a directive Article 10 – paragraph 2 a (new) 2a. This Directive shall not enter into force until all of the following conditions have been met: (a) one third or more of the members of the European Commission; (b) one third or more of the members of the Governing Council of the European Central Bank; and (c) one third or more of the Directors General of the European Commission; are members of the under-represented sex.
Amendment 50 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving the gender balance among
Amendment 51 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 157(3) and (4) thereof,
Amendment 52 #
Proposal for a directive Citation 1 a (new) Having regard to Articles 2 and 3(3) of the Treaty on European Union,
Amendment 53 #
Proposal for a directive Citation 1 b (new) Having regard to Article 4 of the Convention on the Elimination of All Forms of Discrimination against Women(CEDAW),
Amendment 54 #
Proposal for a directive Recital 1 (1)
Amendment 55 #
Proposal for a directive Recital 2 (2) The principle of positive action and its importance for achieving effective gender equality
Amendment 56 #
Proposal for a directive Recital 4 (4) In recent years the European Commission has presented several reports taking stock of the situation concerning gender diversity in economic decision- making. The Commission has encouraged publicly listed companies in the European Union to increase the number of
Amendment 57 #
Proposal for a directive Recital 6 a (new) (6a) European institutions, bodies and agencies should set the example as regards gender equality in decision- making by implementing and monitoring gender equality strategies such as quota systems.
Amendment 58 #
Proposal for a directive Recital 7 (7) The efficient use of human capital is the most important determinant of an economy's competitiveness and is key to addressing the EU's demographic challenges, to competing successfully in a globalised economy
Amendment 59 #
Proposal for a directive Recital 7 (7) The efficient use of human capital is the most important determinant of an economy's competitiveness and is key to addressing the EU's demographic challenges, to competing successfully in a globalised economy and to ensuring a comparative advantage vis-à-vis third countries. The pool of highly trained and qualified women is constantly growing as
Amendment 60 #
Proposal for a directive Recital 7 (7) The efficient use of human capital is the most important determinant of an economy's competitiveness, development and growth and is key to addressing the EU's demographic challenges, to competing successfully in a globalised economy and to ensuring a comparative advantage vis-à-vis third countries. The pool of highly trained and qualified women is constantly growing as evidenced by the fact that 60 per cent of university graduates are female. A continued failure to draw on this pool in appointments to economic decision-making positions would amount to a failure to fully exploit skilled human capital.
Amendment 61 #
Proposal for a directive Recital 7 a (new) (7a) The attainment of gender equality in society as a whole entails the establishment of equal professional rights for men and women. Active participation of men in family responsibilities is crucial for the attainment of a work-life balance and for the creation of equal career opportunities for both men and women. Attention should therefore be paid to tackling gender stereotypes, inflexible and out-dated employment policies and inadequate parental-leave provisions. Member States are encouraged to ensure the implementation of welfare elements such as modern and fair parental-leave allowances for both women and men, extensive provisions for child- and elderly-care.
Amendment 62 #
Proposal for a directive Recital 8 (8) At company level, it is
Amendment 63 #
Proposal for a directive Recital 8 (8) At company level, it is widely acknowledged that the presence of women on boards improves corporate governance, because team performance and the quality of decision-making are enhanced due to a more diverse and collective mind-set incorporating a wider range of perspectives and therefore reaching more balanced decisions, in view of reaching a better reflection of new societal and consumers' realities. Numerous studies have also shown that there is a positive relationship between gender diversity at top management level and a company's financial performance and profitability. Enhancing female representation on the boards of publicly listed companies in the Union, given their significant economic and social responsibility, can therefore have a positive impact on the performance of companies concerned.
Amendment 64 #
Proposal for a directive Recital 8 (8) At company level, it is widely acknowledged that the presence of women on boards improves corporate governance, because team performance and the quality of decision-making are enhanced due to a more diverse and collective mind-set incorporating a wider range of perspectives as well as a more proactive business model and therefore reaching more balanced decisions. Numerous studies have also shown that there is a positive relationship between gender diversity at top management level and a company's financial performance and profitability. Enhancing female representation on the boards of publicly listed companies in the Union can therefore have a positive impact on the performance of companies concerned.
Amendment 65 #
Proposal for a directive Recital 8 (8) At company level, it is widely acknowledged that the presence of women on boards improves corporate governance, because team performance and the quality of decision-making are enhanced due to a more diverse and collective mind-set incorporating a wider range of perspectives and therefore reaching more balanced decisions. Numerous studies have also shown that there is a positive relationship between gender diversity at top management level and a company's
Amendment 66 #
Proposal for a directive Recital 9 (9) Existing evidence also shows that labour market equality can improve economic growth substantially. Enhancing female presence in the boardrooms of listed companies in the Union not only affects the women appointed to boards, but also contributes to attracting female talent to the company and ensuring a greater presence of women at all levels of management and in the workforce. Therefore, a higher share of women on company boards
Amendment 67 #
Proposal for a directive Recital 9 (9) Existing evidence also shows that labour market equality can improve economic growth substantially. Enhancing female presence in the boardrooms of listed companies in the Union not only affects the women appointed to boards, but also contributes to attracting female talent to the company and ensuring a greater presence of women at all levels of management and in the workforce. Therefore, a higher share of women on company boards has a positive impact on closing both the gender employment gap and the gender pay gap. Making full use of the existing female talent pool would constitute a marked improvement in terms of return on education for both individuals and the public sector. Female under- representation in the board rooms of publicly listed companies in the EU is a missed opportunity in terms of achieving long-term sustainable growth for Member States' economies at large. Member States should therefore introduce measures to encourage career progression of women at all levels through positive actions such as networking and mentoring programmes.
Amendment 68 #
Proposal for a directive Recital 9 (9) Existing evidence also shows that labour market equality can improve economic growth substantially. Enhancing female presence in the boardrooms of listed companies in the Union not only affects the women appointed to boards, but also contributes to attracting female talent to the company
Amendment 69 #
Proposal for a directive Recital 10 (10) Despite the existing Union legislation aimed at preventing and combating sex discrimination, the Council recommendations aimed specifically at increasing the presence of women in economic decision-making and Union- level actions encouraging self-regulation, women continue to be strongly
Amendment 70 #
Proposal for a directive Recital 10 (10) Despite the existing Union legislation aimed at preventing and combating sex discrimination, the Council recommendations aimed specifically at increasing the presence of women in economic decision-making and Union- level actions encouraging self-regulation,
Amendment 71 #
Proposal for a directive Recital 10 (10) Despite the existing Union legislation aimed at preventing and combating sex discrimination, the Council recommendations aimed specifically at increasing the presence of women in economic decision-making and Union- level actions encouraging self-regulation, women continue to be strongly outnumbered by men in the highest decision-making bodies of companies throughout the Union. In the private sector
Amendment 72 #
Proposal for a directive Recital 13 Amendment 73 #
Proposal for a directive Recital 13 (13) The current lack of transparency of the selection procedures and qualification criteria for board positions in most Member States may represent
Amendment 74 #
Proposal for a directive Recital 13 (13) The current lack of transparency of the selection procedures
Amendment 75 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for
Amendment 76 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail,
Amendment 77 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance
Amendment 78 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of a transparent and clearly defined selection procedure and an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance is necessary in order to attain gender balance among non-executives directors. Only an EU-level binding measure can effectively help to ensure a competitive level-playing field throughout the Union and avoid practical complications in business life.
Amendment 79 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction
Amendment 80 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of a vacancy announcement opening up for applications and an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance is necessary in order to attain gender balance among non-executives directors. Only an EU-level measure can effectively help to ensure a competitive level-playing field throughout the Union
Amendment 81 #
Proposal for a directive Recital 15 (15) The Europe 2020 Strategy for Smart, Sustainable and Inclusive Growth ascertained that increased female labour force participation is a precondition for boosting growth and for tackling demographic challenges in Europe. The Strategy set a headline target of reaching an employment rate of 75 per cent for women and men aged 20-64 by 2020, which can
Amendment 82 #
Proposal for a directive Recital 15 a (new) (15a) The EU institutions, agencies and in particular the ECB should lead by example concerning gender balance. Stringent rules on internal and external recruitment to all EU-institutions and agencies should be implemented in order to ensure fair treatment between women and men and to improve the gender balance among leading positions.
Amendment 83 #
Proposal for a directive Recital 16 Amendment 84 #
Proposal for a directive Recital 16 Amendment 85 #
Proposal for a directive Recital 16 Amendment 86 #
Proposal for a directive Recital 16 (16) The Union should therefore aim to increase the presence of women on company boards, in order both to boost economic growth and the competitiveness of European companies and to achieve effective gender equality on the labour market. This aim should be pursued through minimum requirements on positive action in the form of binding measures
Amendment 87 #
Proposal for a directive Recital 16 (16) The Union should therefore aim to increase the presence of women on company boards, in order both to boost economic growth and the competitiveness of European companies and to achieve effective gender equality on the labour market. This aim should be pursued through minimum common requirements on positive action in the form of binding measures aiming at attaining a quantitative objective for the gender composition of boards of listed companies, in the view of the fact that Member States and other countries which have chosen this or a similar method have achieved the best results in reducing the under-representation of women in economic decision-making positions.
Amendment 88 #
Proposal for a directive Recital 16 a (new) (16a) The appointment of board members and executive and non-executive directors shall fully remain the prerogative and responsibility of the shareholders.
Amendment 89 #
Proposal for a directive Recital 16 b (new) (16b) Reducing individuals to representatives of different groups in society, such as men, women or ethic minorities, runs counter to the objective of providing equal opportunities for all. Every individual shall be regarded as an individual and for that reason there should be no quotas on representation imposed by law.
Amendment 90 #
Proposal for a directive Recital 17 (17) Companies listed on stock exchanges enjoy a particular economic importance, visibility and impact on the market as a whole. The measures provided for in this Directive should therefore apply to listed companies, which are defined as companies incorporated in a Member State whose securities are admitted to trading on a regulated market within the meaning of Article 4(1) (14) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, in one or more Member States. These companies set standards for the economy in its entirety and their practices can be expected to be followed by other types of companies.
Amendment 91 #
Proposal for a directive Recital 17 (17) Companies listed on stock exchanges enjoy a particular economic importance, visibility and impact on the market as a whole. The measures provided for in this Directive should therefore apply to listed companies, which are defined as companies incorporated in a Member State whose securities are admitted to trading on a regulated market within the meaning of Article 4(1) (14) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in
Amendment 92 #
Proposal for a directive Recital 17 a (new) (17a) Non-listed companies also play a major role in the economy. In principle, they should therefore be included in the scope of this Directive. However, since the gender situation in these companies is not generally well-known and since particular provisions might be needed in order to reflect their specificities and varying nature within and across Member States, the inclusion should not be made until at a later stage. The Commission should present a proposal with that effect after having carried out a thorough investigation into all relevant aspects.
Amendment 93 #
Proposal for a directive Recital 17 b (new) (17b) Owing to their high visibility, the institutions and agencies of the EU should set an example by putting in place, by January 2018, policies for a better gender balance. To enhance representativeness, particular attention needs to be given to recruitment policies for senior management positions. Lists of candidates respecting gender equality should be put forward for each senior management post. The Member States should also be encouraged to appoint women as governors of the national central banks (NCBs) in order to achieve a gender balance in the Governing Council and the General Council of the ECB and on the General Board of the ESRB. Starting [two years after the adoption of this directive] the EU institutions and agencies should publish an annual report setting out their efforts to that end.
Amendment 94 #
Proposal for a directive Recital 18 Amendment 95 #
Proposal for a directive Recital 18 (18) This Directive should not apply to micro, small and medium-sized enterprises (SMEs), as defined by Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises
Amendment 96 #
Proposal for a directive Recital 18 (18) This Directive should not apply to micro, small and medium-sized enterprises (SMEs), as defined by Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, even if they are listed companies. Furthermore, this Directive should not apply to small- cap listed companies.
Amendment 97 #
Proposal for a directive Recital 20 (20) All board systems distinguish between executive directors, who are involved in the daily management of the company, and non-executive directors who are not involved in the daily management, but do perform a supervisory function. The quantitative objectives provided for in this Directive should apply
Amendment 98 #
Proposal for a directive Recital 21 (21) In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the company's workforce and/or organisations of workers pursuant to national law or practice. The quantitative objectives provided for in this Directive should apply to all non-executive directors including employee representatives. However, the practical procedures for ensuring that those objectives are attained, taking into account the fact that some non-executive Directors are employee representatives, should be defined by the Member States concerned on the basis of careful and extensive consultations with social partners at the national level.
Amendment 99 #
Proposal for a directive Recital 21 a (new) (21a) Setting binding targets for gender balance in corporate boards of listed companies would seriously infringe on shareholders rights to freely choose their representatives. Consequently, companies' individual commitments and initiatives are preferable in the attempt to improve the gender balance among board positions.
source: PE-510.634
2013/05/17
EMPL
125 amendments...
Amendment 100 #
Proposal for a directive Recital 35 (35) Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive. Such Member States should have an opportunity to apply those measures in place of the procedural requirements relating to
Amendment 101 #
Proposal for a directive Recital 35 (35) Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive. Such Member States should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under-represented sex of at least 40 per cent among
Amendment 102 #
Proposal for a directive Recital 37 (37) While some Member States have taken regulatory action or encouraged self- regulation with mixed results, the majority of Member States have not taken action or indicated their willingness to act in a way that would bring about sufficient improvement. Projections based on a comprehensive analysis of all available information on past and current trends as well as intentions show that a balanced gender representation among
Amendment 103 #
Proposal for a directive Recital 38 (38) In accordance with the principle of proportionality, as set out in that same Article, this Directive is limited to setting common objectives and principles and does not go beyond what is necessary in order to achieve those objectives. Member States are given sufficient freedom to determine how the objectives laid down in this Directive should best be achieved taking national circumstances into account, in particular rules and practices concerning recruitment for board positions. This Directive does not interfere with the possibility for companies to appoint the most qualified board members, and it grants a sufficiently long period of adaptation for all listed companies and public undertakings.
Amendment 104 #
Proposal for a directive Recital 39 Amendment 105 #
Proposal for a directive Article 1 This Directive lays down measures to ensure a more balanced representation of men and women among the
Amendment 106 #
Proposal for a directive Article 1 This Directive lays down measures to ensure a more balanced representation of men and women among the
Amendment 107 #
Proposal for a directive Article 1 This Directive lays down measures to ensure a more balanced representation of men and women among the non-executive directors of listed companies and of small and medium-sized enterprises by establishing measures aimed at accelerated progress towards gender balance while allowing companies sufficient time to make the necessary arrangements.
Amendment 108 #
Proposal for a directive Article 2 – point 1 (1) ‘listed company’ means a company
Amendment 109 #
Proposal for a directive Article 2 – point 8 Amendment 110 #
Proposal for a directive Article 2 – point 8 a (new) (8a) 'a SmallCap listed company' means company with a market capitalisation of less than EUR 150 million;
Amendment 111 #
Proposal for a directive Article 3 Amendment 112 #
Proposal for a directive Article 3 – title Amendment 113 #
Proposal for a directive Article 3 This Directive shall
Amendment 114 #
Proposal for a directive Article 3 This Directive shall not apply to small and medium-sized enterprises (
Amendment 115 #
Proposal for a directive Article 4 – title Objectives with regard to
Amendment 116 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the
Amendment 117 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the
Amendment 118 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions
Amendment 119 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria,
Amendment 120 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director
Amendment 121 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States may decide not to apply paragraph 1 in cases where the shareholders' meeting proposes candidates for board election during the shareholders' meeting where the election is carried out.
Amendment 122 #
Proposal for a directive Article 4 – paragraph 2 2. The number of non-executive director positions necessary to meet the objective laid down in paragraph 1 shall be
Amendment 123 #
Proposal for a directive Article 4 – paragraph 2 2. The number of
Amendment 124 #
Proposal for a directive Article 4 – paragraph 2 2. The number of
Amendment 125 #
Proposal for a directive Article 4 – paragraph 3 3. In order to attain the objective laid down in paragraph 1,
Amendment 126 #
Proposal for a directive Article 4 – paragraph 3 3. In order to attain the objective laid down in paragraph 1, Member States shall ensure that, in the selection of non-executive directors, priority shall be given to the candidate of the under-represented sex if that candidate is equally qualified as a candidate of the other sex in terms of suitability, competence and professional performance, unless an objective assessment taking account of all criteria specific to the individual candidates tilts the balance in favour of the candidate of the other sex. To this end, the selection criteria must above all be clear, transparent and non-discriminatory.
Amendment 127 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall ensure that listed companies and public undertakings are obliged to disclose, on the request of an unsuccessful candidate, the qualification criteria upon which the
Amendment 128 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall ensure that listed companies are obliged to disclose, on the request of an unsuccessful candidate, the qualification criteria upon which the selection was based, the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate of the other sex. The obligation to disclose shall not apply where disclosure would endanger trade secrets or where the elected board member was proposed by the shareholders, thereby rendering disclosure impossible.
Amendment 129 #
Proposal for a directive Article 4 – paragraph 5 5. Member States shall take the necessary measures, in accordance with their national judicial systems, to
Amendment 130 #
Proposal for a directive Article 4 – paragraph 5 5. Member States shall take the necessary measures, in accordance with their national judicial systems, to ensure that where an unsuccessful candidate of the under- represented sex establishes facts from which it may be presumed that that candidate was equally qualified as the appointed candidate of the other sex, it shall be for the listed company or public undertaking to prove that there has been no breach of the rule laid down in paragraph 3.
Amendment 131 #
Proposal for a directive Article 4 – paragraph 6 6. Member States may provide that listed companies and public undertakings where the members of the under-represented sex represent less than 10 per cent of the workforce are not subject to the objective laid down in paragraph 1.
Amendment 132 #
Proposal for a directive Article 4 – paragraph 7 Amendment 133 #
Proposal for a directive Article 4 – paragraph 7 7. Member States may provide that the objective laid down in paragraph 1 is met where listed companies can show that members of the under-represented sex hold at least one third of all director positions, irrespective of whether they are executive
Amendment 134 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that listed companies undertake individual commitments regarding gender-balanced representation of both sexes among executive directors to be achieved at the latest by 1 January 2020, or, in case of
Amendment 135 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that listed companies undertake further individual commitments regarding gender-balanced representation of both sexes among executive directors, in accordance with the procedures described in Article 4. The aim of such commitments shall be to make tangible progress towards achieving better gender balance to be achieved at the latest by 1 January 2020, or, in case of listed companies which are public undertakings, by 1 January 2018.
Amendment 136 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall require listed companies to provide information to the competent national authorities
Amendment 137 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall require listed companies to provide information to the
Amendment 138 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall require listed companies and public undertakings to provide information to the competent national authorities, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information in an appropriate and accessible manner on their website.
Amendment 139 #
Proposal for a directive Article 5 – paragraph 3 3. Where a listed company does not meet the objectives laid down in Article 4(1) or its own individual commitments taken pursuant to paragraph 1 of this Article, the information referred to in paragraph 2 of this Article shall include the reasons for not reaching the objectives or commitments and a comprehensive description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments.
Amendment 140 #
Proposal for a directive Article 5 – paragraph 3 3. Where a listed company or a public undertaking does not meet the objectives laid down in Article 4(1) or its own individual commitments taken pursuant to paragraph 1 of this Article, the information referred to in paragraph 2 of this Article shall include the reasons for not reaching the objectives or commitments and a description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments.
Amendment 141 #
Proposal for a directive Article 5 – paragraph 4 Amendment 142 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The sanctions must be effective, proportionate and dissuasive
Amendment 143 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The sanctions must be effective, proportionate and dissuasive and
Amendment 144 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The sanctions must be effective, proportionate, progressive and dissuasive and
Amendment 145 #
Proposal for a directive Article 6 – paragraph 2 – point a Amendment 146 #
Proposal for a directive Article 6 – paragraph 2 – point a (a) early warning followed by progressive administrative fines;
Amendment 147 #
Proposal for a directive Article 6 – paragraph 2 – point b a (new) (ba) forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 148 #
Proposal for a directive Article 6 – paragraph 2 a (new) Amendment 149 #
Proposal for a directive Article 7 – paragraph 1 Member States may introduce or maintain provisions which are more favourable than those laid down in this Directive to ensure a more balanced representation of men and women in respect of companies incorporated in their national territory
Amendment 150 #
Proposal for a directive Article 7 – paragraph 1 Member States
Amendment 151 #
Proposal for a directive Article 8 a (new) Article 8a Equality body Member States shall take the necessary measures to ensure that the body or bodies designated in accordance with Article 20 of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)1 are also competent for the promotion, analysis, monitoring and support of gender balance on the boards of listed companies. __________________ 1 OJ L 204, 26.7.2006, p. 23.
Amendment 152 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Without prejudice to Article 4(6) and (7), Member States which before the entry into force of this Directive have already taken measures to ensure a more balanced representation of women and men among the
Amendment 153 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Without prejudice to Article 4(6) and (7), Member States which before the entry into force of this Directive have already taken measures to ensure a more balanced representation of women and men among the non-executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5), provided that it can be shown that those measures enable members of the under-represented sex to hold at least 40 per cent of the
Amendment 154 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Without prejudice to Article 4(6)
Amendment 155 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 2 The Member State in question shall notify this information to the Commission. The Commission shall inform the European Parliament and Council of the Member State's request. The Commission suspension shall be automatically revoked if insufficient progress is made towards the aim of this Directive which is deemed the case if the percentage of the under- represented sex is lower than 30% by 2017 or by 2015 where listed companies are public undertakings.
Amendment 156 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall communicate to the Commission by 1 January 2017 at the latest and every two years thereafter a report on the implementation of this Directive. These reports shall include, amongst others, comprehensive information about the measures taken with a view to attaining the objectives laid down in Article 4(1),
Amendment 157 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 1 Member States having suspended pursuant to Article 8(3) the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national or self-regulatory measures referred to in Article 8(3). The Commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under- represented sex to hold at least 40 per cent of the non-executive director positions by 1 January 2018 for listed companies which are public undertakings, and by 1 January 2020 for listed companies which are not public undertakings. The first such report shall be issued by the Commission by 1 July 2017, and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1.
Amendment 158 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 1 Member States having suspended pursuant to Article 8(3) the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in Article 8(3). The Commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under-represented sex to hold at least 40 per cent of the non-executive director positions by 1 January 2018 for
Amendment 159 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 2 Member States in question shall ensure that listed companies and public undertakings, which by applying the national measures referred to in Article 8(3) have not appointed or elected members of the under- represented sex for at least 40 per cent of the
Amendment 160 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 2 Member States in question shall ensure that listed companies, which by applying the national or self-regulatory measures referred to in Article 8(3) have not appointed or elected members of the under- represented sex for at least 40 per cent of the non-executive director positions of their boards by 1 January 2018, where they are public undertakings, or by 1 January 2020, where they are not public undertakings, apply the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) with effect respectively from those dates.
Amendment 161 #
Proposal for a directive Article 9 – paragraph 3 3. The Commission shall review the application of this Directive and report to the European Parliament and the Council by
Amendment 162 #
Proposal for a directive Article 9 – paragraph 3 3. The Commission shall review the application of this Directive and report to the European Parliament and the Council by 31 December 2021 at the latest and every two years thereafter. The Commission, after consulting the European Parliament, the Council and the European Social Partners, shall evaluate in particular whether the objectives of this Directive have been achieved.
Amendment 163 #
Proposal for a directive Article 9 – paragraph 3 3. The Commission shall review the application of this Directive and report to the European Parliament and the Council by 31 December 2021 at the latest and every two years thereafter. The Commission shall evaluate in particular whether the objectives of this Directive and its intended impact in terms of increasing competitiveness, meeting demographic challenges in the EU and achieving a comparative advantage over third countries have been achieved.
Amendment 164 #
Proposal for a directive Article 9 – paragraph 4 Amendment 166 #
Proposal for a directive Article 10 – paragraph 2 Amendment 167 #
Proposal for a directive Article 10 – paragraph 2 2. It shall expire on 31 December 20
Amendment 43 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving the gender balance among
Amendment 44 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving the gender balance among non-executive directors of companies listed on stock exchanges and of small and medium-sized enterprises and related measures (Text with EEA relevance)
Amendment 45 #
Proposal for a directive Recital 2 a (new) (2a) In order to achieve gender equality in the workplace there must be a gender balanced model of decision making at all levels within the company while also ensuring the elimination of the gender pay gap which contributes significantly to the feminisation of poverty.
Amendment 46 #
Proposal for a directive Recital 6 a (new) (6a) In their internal staffing policies all EU institutions and agencies should comply with the principle of gender equality, in particular by ensuring gender balanced decision making at all levels within the bodies concerned.
Amendment 47 #
Proposal for a directive Recital 7 (7) The efficient use of human capital is the most important determinant of an economy's competitiveness and is key to
Amendment 48 #
Proposal for a directive Recital 7 (7) The efficient use of human capital is the most important determinant of an economy's competitiveness and is key to addressing the EU's ever increasing demographic challenges, to competing successfully in a globalised economy and to ensuring a comparative advantage vis-à- vis third countries. The pool of highly trained and qualified women is constantly growing as evidenced by the fact that 60 per cent of university graduates are female. A continued failure to draw on this pool in appointments to economic decision-making positions would amount to a failure to fully exploit skilled human capital.
Amendment 49 #
Proposal for a directive Recital 7 a (new) (7a) In order to ensure the promotion of gender equality, Member States should put in place provisions whereby men and women can combine work and family life, in particular, flexible arrangements and supports for those with care responsibilities.
Amendment 50 #
Proposal for a directive Recital 8 (8) At company level, it is widely acknowledged that the presence of women on boards improves corporate governance, because team performance is enhanced and the quality of decision
Amendment 51 #
Proposal for a directive Recital 9 (9) Existing evidence also shows that labour market equality can improve economic growth substantially. Enhancing female presence in the boardrooms of listed companies in the Union not only affects the women appointed to boards, but also contributes to attracting female talent to the company and ensuring a greater presence of women at all levels of management and in the workforce. Therefore, a higher share of women on company boards
Amendment 52 #
Proposal for a directive Recital 9 (9) Existing evidence also shows that labour market equality can improve economic growth substantially. Enhancing
Amendment 53 #
Proposal for a directive Recital 11 (11) The proportion of women on company boards is progressing very slowly, with an average annual increase of just 0.6 percentage points during the past years. The rate of improvement has differed in individual Member States and has led to highly divergent results. Much more significant progress was noted in the Member States where binding measures have been introduced. Growing discrepancies between Member States are likely to increase given the very different approaches pursued by individual Member States to increase the representation of
Amendment 54 #
Proposal for a directive Recital 11 a (new) (11a) Women seeking management posts are continuing to encounter obstacles, first and foremost the lack of facilities for them to achieve a work-life balance. Measures should therefore be taken to assist working mothers, for example the provision of company day care services.
Amendment 55 #
Proposal for a directive Recital 13 (13) The current lack of transparency of the selection procedures and qualification criteria for board positions in most Member States represents a significant
Amendment 56 #
Proposal for a directive Recital 13 (13) The current lack of transparency of the selection procedures and qualification criteria for board positions in most Member States represents a significant barrier to more gender diversity among board members and negatively affects both the board candidates' careers and freedom of movement, as well as investor decisions. Such lack of transparency prevents potential candidates for board positions from applying to boards where their qualifications would be most required and from challenging gender-biased
Amendment 57 #
Proposal for a directive Recital 14 (14)
Amendment 58 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the
Amendment 59 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for
Amendment 60 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance
Amendment 61 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance is necessary in order to attain gender balance among non-executives directors.
Amendment 62 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of a vacancy announcement opening up for applications and an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance is necessary in order to attain gender balance among non-executives directors. Only an EU-level measure can effectively help to ensure a competitive level-playing field throughout the Union and avoid practical complications in business life.
Amendment 63 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain common minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non-
Amendment 64 #
Proposal for a directive Recital 15 (15) The Europe 2020 Strategy for Smart, Sustainable and Inclusive Growth ascertained that increased female labour force participation is a precondition for boosting growth and for tackling demographic challenges in Europe. The Strategy set a headline target of reaching an employment rate of 75 per cent for women and men aged 20-64 by 2020, which can only be reached if there is a clear commitment to gender equality and a reinforced effort to tackle all barriers to women's participation in the labour market. The current economic crisis has magnified Europe's ever-growing need to rely on knowledge, competence and innovation and to make full use of the pool of available talent. Enhancing female participation in economic decision-making, on company boards
Amendment 65 #
Proposal for a directive Recital 15 (15) The Europe 2020 Strategy for Smart, Sustainable and Inclusive Growth ascertained that increased female labour force participation is a precondition for boosting growth and for tackling demographic challenges in Europe. The Strategy set a headline target of reaching an employment rate of 75 per cent for women and men aged 20-64 by 2020, which can only be reached if there is a clear commitment to gender equality and a reinforced effort to tackle all barriers to women's participation in the labour market, such barriers including differing rules and the resulting lack of worker mobility in the Union. The current economic crisis has magnified Europe's ever-growing need to rely on knowledge, competence and innovation and to make full use of the pool of available talent. Enhancing female participation in economic decision-making, on company boards in particular, is expected to have a positive spill-over effect on female employment in the companies concerned and throughout the whole economy.
Amendment 66 #
Proposal for a directive Recital 16 Amendment 67 #
Proposal for a directive Recital 16 (16) The Union should therefore aim to increase the presence of women on company boards, in order both to boost economic growth and the competitiveness of European companies and to achieve effective gender equality on the labour market. This aim should be pursued through minimum requirements on positive action in the form of binding measures aiming at attaining a quantitative objective for the gender composition of boards of listed companies and public undertakings, in the view of the fact that Member States and other countries
Amendment 68 #
Proposal for a directive Recital 18 Amendment 69 #
Proposal for a directive Recital 18 (18) This Directive should not apply to micro, small and medium-sized enterprises
Amendment 70 #
Proposal for a directive Recital 18 (18) This Directive should not apply to micro, small and medium-sized enterprises (SMEs), as defined by Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, even if they are listed companies, however Member states should put in place policies to support and incentivise SMEs to significantly improve the gender balance at all levels of management and on company boards.
Amendment 71 #
Proposal for a directive Recital 20 (20) All board systems distinguish between executive directors, who are involved in the daily management of the company, and
Amendment 72 #
Proposal for a directive Recital 20 (20) All board systems distinguish between executive directors, who are involved in the daily management of the company, and non-executive directors who are not involved in the daily management, but do perform a supervisory function. The quantitative objectives provided for in this Directive should apply
Amendment 73 #
Proposal for a directive Recital 20 (20) All board systems distinguish between executive directors, who are involved in the daily management of the company, and non-executive directors who are not involved in the daily management, but do perform a supervisory function. The quantitative objectives provided for in this Directive should apply
Amendment 74 #
Proposal for a directive Recital 20 (20) All board systems distinguish between executive directors, who are involved in the daily management of the company, and non-executive directors who are not involved in the daily management, but do perform a supervisory function. The quantitative objectives provided for in this Directive should apply only to the non- executive directors in order to strike the right balance between the need to increase the gender diversity of boards and the need to minimise interference with the day-to- day management of a company, however Member States should encourage and incentivise companies to extend the provisions of this Directive to executive directors and to all levels of management within the company. As the non-executive directors perform supervisory tasks, it is also easier to recruit qualified candidates from outside the company and to a large extent also from outside the specific sector in which a company operates – a consideration which is of importance for areas of the economy where members of a particular sex are especially under- represented in the workforce.
Amendment 75 #
Proposal for a directive Recital 21 (21) In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the company's workforce and/or organisations of workers pursuant to national law or practice. The quantitative objectives provided for in this Directive should apply to all non-executive directors including employee representatives. However, the practical procedures for ensuring that those objectives are attained, taking into account the fact that some non-executive Directors are employee representatives, should be defined by the Member States concerned on the basis of careful and extensive consultations with social partners at the national level.
Amendment 76 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies and public undertakings in whose boards members of the under- represented sex hold less than 40 per cent of
Amendment 77 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of
Amendment 78 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020. However, owing to the diversity of the company law system in the Member States, Member States may decide not to apply the procedural rules of Article 4(1) in cases where the shareholders meeting has proposed candidates for board election during the shareholders meeting where the election is carried out. Therefore, the Directive establishes the objective of at least 40 per cent of non- executive directors of the under- represented sex by that date. This objective in principle only concerns the overall gender diversity among the non-executive
Amendment 79 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre-
Amendment 80 #
Proposal for a directive Recital 23 (23) Member States exercise a dominant influence over
Amendment 81 #
Proposal for a directive Recital 23 (23) Member States exercise a dominant influence over listed companies which are public undertakings within the meaning of Article 2(b) of Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings, as well as on financial transparency within certain undertakings. Due to that dominant influence, they have the instruments at their disposal to bring about the necessary change more rapidly. Therefore, in such companies the objective of least 40 per cent of non-executive directors of the under-represented sex should be set at an earlier date and Member States should encourage and incentivise these companies to extend the provisions of this Directive to executive directors and to all levels of management within the company.
Amendment 82 #
Proposal for a directive Recital 24 (24) Determining the number of
Amendment 83 #
Proposal for a directive Recital 26 (26) In line with
Amendment 84 #
Proposal for a directive Recital 26 (26) In line with that case-law, Member States should ensure that the selection of the best qualified candidates for non- executive directors is based on a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate on the basis of pre-
Amendment 85 #
Proposal for a directive Recital 27 (27) The methods of recruiting and appointing directors differ from one Member State to another and from one company to another. They may involve the pre-selection of candidates to be presented to the shareholders' assembly, for example by a nomination committee, the direct appointment of directors by individual shareholders or a vote in the shareholders' assembly on individual candidates or lists of candidates. This legislative instrument therefore respects the diversity of selection procedures while insisting that adjustments to these procedures are made in order to attain the aim of increasing women's participation on boards is attained. The requirements concerning the selection of candidates should be met at the appropriate stage of the selection process in accordance with national law and the articles of association of the listed companies concerned. In this respect, this Directive
Amendment 86 #
Proposal for a directive Recital 27 a (new) (27a) Where preselection of candidates is based on election or voting procedures, for example by workers or their representatives, the procedures throughout the whole process should be adjusted in order to contribute to the attainment of the objective of more gender balance on the board of directors as a whole, while ensuring that the sex of the director elected in this procedure is not in any way predetermined.
Amendment 87 #
Proposal for a directive Recital 28 (28) This Directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed companies should therefore be required to disclose, where possible, upon the request of an unsuccessful candidate, not only the qualification criteria upon which the selection was based, but also the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate who is not of the under-represented sex
Amendment 88 #
Proposal for a directive Recital 28 (28) This Directive aims to improve the gender balance among directors of companies listed on stock exchanges and public undertakings and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed companies and public undertakings should therefore be required to disclose, upon the request of an unsuccessful candidate, not only the qualification criteria upon which the
Amendment 89 #
Proposal for a directive Recital 29 (29) Where an unsuccessful candidate of the under-represented sex establishes the presumption they were equally qualified as the appointed candidate of the other sex, the
Amendment 90 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which
Amendment 91 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Article 4(1) as well as forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 92 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of
Amendment 93 #
Proposal for a directive Recital 31 (31)
Amendment 94 #
Proposal for a directive Recital 32 (32) Since listed companies should aim to increase the proportion of the under- represented sex in all decision-making positions, Member States may provide that the objective laid down in this Directive should be considered to be met where listed companies can show that members of the under-represented sex hold at least one third of all director positions,
Amendment 95 #
Proposal for a directive Recital 33 (33) In addition to the
Amendment 96 #
Proposal for a directive Recital 34 (34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be published in an appropriate and easily accessible manner in the annual report and on the website and, where the company in question has not met the objective, it should include a comprehensive description of the measures that it has taken so far and intends to take in the future in order to meet the objective.
Amendment 97 #
Proposal for a directive Recital 34 (34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance
Amendment 98 #
Proposal for a directive Recital 34 (34) Member States should require listed companies and public undertakings to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company and public undertaking towards gender balance among directors. Such information should be published and, where the company in question has not met the objective, it should include a description of the measures that it has taken so far and intends to take in the future in order to meet the objective.
Amendment 99 #
Proposal for a directive Recital 35 (35) Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive. Such Member States should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under-represented sex of at least 40 per cent among non-executive directors of listed companies or the one third objective referred to in Article 4(7) of this Directive at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings. Also e.g. self-regulatory measures aiming to ensure a more balanced representation of women and men among the non-executive directors of listed companies must be considered as relevant measures in this regard.
source: PE-510.793
2013/09/02
JURI, FEMM
298 amendments...
Amendment 100 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies, together with major companies and their subsidiaries within the meaning of recital 17 in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-
Amendment 101 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should
Amendment 102 #
Proposal for a directive Recital 22 a (new) (22a) Listed companies and public undertakings should consider putting in place training programmes and mentoring programmes for the underrepresented sex as one tool to achieve gender balance if there is a clear gender gap in the selection pool for recruitment to board positions.
Amendment 103 #
Proposal for a directive Recital 22 a (new) (22a) The objective of 40% in principle only concerns the overall gender diversity among the non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders.
Amendment 104 #
Proposal for a directive Recital 23 Amendment 105 #
Proposal for a directive Recital 23 (23) Member States exercise a dominant influence over
Amendment 106 #
Proposal for a directive Recital 23 (23) Member States exercise a dominant influence over listed companies which are public undertakings within the meaning of Article 2(b) of Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings, as well as on financial transparency within certain undertakings.32 Due to that dominant influence, they have the instruments at their disposal to bring about the necessary change more rapidly.
Amendment 107 #
Proposal for a directive Recital 24 Amendment 108 #
Proposal for a directive Recital 24 Amendment 109 #
Proposal for a directive Recital 24 Amendment 110 #
Proposal for a directive Recital 24 (24) Determining the number of
Amendment 111 #
Proposal for a directive Recital 26 (26) In line with that case-law, Member States should ensure that the selection of the best qualified candidates
Amendment 112 #
Proposal for a directive Recital 26 (26) In line with
Amendment 113 #
Proposal for a directive Recital 26 (26) In line with that case-law,
Amendment 114 #
Proposal for a directive Recital 26 (26) In line with that case-law, Member States should ensure that the selection of the best qualified candidates for non- executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre- established, clear, neutrally formulated and unambiguous criteria. Examples of types of selection criteria that companies could apply include professional experience in managerial and/or supervisory tasks, international experience, multidisciplinarity, knowledge in specific relevant areas such as finance, controlling or human resources management, leadership and communication skills and networking abilities. Priority should be given to the candidate of the under- represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability, competence and professional performance, and if an objective assessment taking account of all criteria
Amendment 115 #
Proposal for a directive Recital 27 Amendment 116 #
Proposal for a directive Recital 27 (27) The methods of recruiting and appointing directors differ from one Member State to another and from one company to another. They may involve the pre-selection of candidates to be presented to the shareholders' assembly, for example by a nomination committee, the direct appointment of directors by individual shareholders or a vote in the shareholders' assembly on individual candidates or lists of candidates. The requirements concerning the selection of candidates should be met at the appropriate stage of the selection process in accordance with national law and the articles of association of the listed companies concerned. In this respect, this Directive only establishes a minimum harmonisation of selection procedures, which should be based on transparency and merit, therefore making it possible to apply the conditions provided for by the case-law of the Court of Justice with a view to attaining the objective of a more balanced gender representation in the boards of listed companies.
Amendment 117 #
Proposal for a directive Recital 27 (27) The methods of recruiting and appointing directors differ from one
Amendment 118 #
Proposal for a directive Recital 27 (27) The methods of recruiting and appointing directors differ from one Member State to another and from one company to another. They may involve the pre-selection of candidates to be presented to the shareholders' assembly, for example by a nomination committee, the direct appointment of directors by individual shareholders or a vote in the shareholders' assembly on individual candidates or lists of candidates. This legislative instrument therefore respects the diversity of selection procedures while insisting that adjustments to these procedures are made in order to attain the aim of increasing the underrepresented sex' participation on boards is attained. The requirements concerning the selection of candidates should be met at the appropriate stage of
Amendment 119 #
Proposal for a directive Recital 27 (27) The methods of recruiting and appointing directors differ from one Member State to another and from one company to another. They may involve the pre-selection of candidates to be presented to the shareholders' assembly, for example by a nomination committee, the direct appointment of directors by individual shareholders or a vote in the shareholders' assembly on individual candidates or lists of candidates. The directive respects the diversity and specific national features of selection procedures; requirements concerning the selection of candidates should be met at the appropriate stage of the selection process in accordance with national law and the articles of association of the listed companies concerned. In this respect, this Directive
Amendment 120 #
Proposal for a directive Recital 27 a (new) (27a) Where preselection of candidates is based on election or voting procedures, for example by workers or their representatives, the procedures throughout the whole process should be adjusted in order to contribute to the attainment of the objective of more gender balance on the board of directors as a whole, while ensuring that the sex of the director elected in this procedure is not in any way predetermined.
Amendment 121 #
Proposal for a directive Recital 28 (28) Th
Amendment 122 #
Proposal for a directive Recital 28 (28) This Directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed companies should therefore be required to disclose,
Amendment 123 #
Proposal for a directive Recital 28 (28) This Directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed companies should therefore be required to disclose, upon the request of an unsuccessful candidate,
Amendment 124 #
Proposal for a directive Recital 29 (29) Where an unsuccessful candidate of the under-represented sex establishes the presumption they were equally qualified as the appointed candidate of the other sex, the
Amendment 125 #
Proposal for a directive Recital 29 (29) Where an unsuccessful candidate of the under-represented sex establishes the presumption th
Amendment 126 #
Proposal for a directive Recital 30 Amendment 127 #
Proposal for a directive Recital 30 (30) Member States
Amendment 128 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of the requirements for an open and transparent procedure set out in Article 4(1) of this Directive, which could include, inter alia, administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non-
Amendment 129 #
Proposal for a directive Recital 30 (30) Member States should
Amendment 130 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Article 4(1) as well as forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 131 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and
Amendment 132 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which
Amendment 133 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive administrative sanctions for breaches of this Directive
Amendment 134 #
Proposal for a directive Recital 30 (30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines
Amendment 135 #
Proposal for a directive Recital 30 a (new) (30a) Similarly, annual awards should be received by e those Member States and companies taking the most effective measures to achieve the objectives of this directive from 2015, the year in which the Member States should have completed the transposition thereof.
Amendment 136 #
Proposal for a directive Recital 31 Amendment 137 #
Proposal for a directive Recital 31 Amendment 138 #
Proposal for a directive Recital 31 Amendment 139 #
Proposal for a directive Recital 31 Amendment 140 #
Proposal for a directive Recital 31 Amendment 141 #
Proposal for a directive Recital 31 Amendment 142 #
Proposal for a directive Recital 31 (31) Since the gender composition of the workforce has a direct impact on the availability of candidates of the under- represented sex, Member States may provide that where the members of the under-represented sex make up less than
Amendment 143 #
Proposal for a directive Recital 31 (31) Since the gender composition of the workforce has a direct impact on the availability of candidates of the under- represented sex, Member States may provide that where the members of the under-represented sex make up less than
Amendment 144 #
Proposal for a directive Recital 31 Amendment 145 #
Proposal for a directive Recital 31 a (new) (31a) Since, owing to the characteristic structure of family businesses, a mandatory objective could threaten to seriously encroach on shareholders’ property rights and even lead to their losing control over the business, the Member States may provide that family businesses listed on stock exchanges are exempt from the requirement to attain the objectives of this directive;
Amendment 146 #
Proposal for a directive Recital 32 Amendment 147 #
Proposal for a directive Recital 32 (32) Since
Amendment 148 #
Proposal for a directive Recital 32 (32) Since listed companies should aim to increase the proportion of the under- represented sex in all decision-making positions, Member States may provide that the objective laid down in this Directive should be considered to be met where listed companies can show that members of the under-represented sex hold at least
Amendment 149 #
Proposal for a directive Recital 33 Amendment 150 #
Proposal for a directive Recital 33 Amendment 151 #
Proposal for a directive Recital 33 (33)
Amendment 152 #
Proposal for a directive Recital 33 (33) In addition to the measures relating to non-executive directors, and with a view also to improving the gender balance among directors involved in daily management tasks, listed companies should be required to make individual commitments regarding the representation of both sexes among executive directors, to be achieved at the latest by 1 January 2020. These commitments should aim to achieve tangible progress from the individual company's current position towards better gender balance. Companies to which this directive applies will be required to publish their stated goals regarding equality in their annual report, with shareholders’ meetings devoting a separate item to consideration of progress achieved in this area and the impact thereof on the profit and loss accounts of the companies concerned.
Amendment 153 #
Proposal for a directive Recital 34 (34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be published in an appropriate and easily accessible manner in the annual report and on the website and, where the company in question has not met the objective, it should include a comprehensive description of the measures that it has taken so far and intends to take in the future in order to meet the objective.
Amendment 154 #
Proposal for a directive Recital 34 Amendment 155 #
Proposal for a directive Recital 34 (34) Member States should require listed companies to provide information on the gender composition of their boards as well as
Amendment 156 #
Proposal for a directive Recital 34 (34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be
Amendment 157 #
Proposal for a directive Recital 35 (35) Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive or may yet take such measures by 31 December 2015. Such Member States should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate
Amendment 158 #
Proposal for a directive Recital 35 Amendment 159 #
Proposal for a directive Recital 35 (35) Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive. Such Member States should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under-represented sex of at least 40 per cent among non-executive directors of listed companies at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings. If the percentage of the under-represented sex is lower than 30% by 2017 or by 2015 in case of public undertakings the suspension should be automatically revoked because of insufficient progress.
Amendment 160 #
Proposal for a directive Recital 35 (35) Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive. Such Member States should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the long-term objective of a pr
Amendment 161 #
Proposal for a directive Recital 37 (37) While some Member States have taken regulatory action or encouraged self- regulation with mixed results, the majority of Member States have not taken action or indicated their willingness to act in a way that would bring about sufficient improvement
Amendment 162 #
Proposal for a directive Recital 37 (37) While some Member States have taken regulatory action or encouraged self- regulation with mixed results, the majority of Member States have not taken action or indicated their willingness to act in a way that would bring about sufficient improvement. Projections based on a comprehensive analysis of all available information on past and current trends as
Amendment 163 #
Proposal for a directive Recital 38 (38) In accordance with the principle of proportionality, as set out in that same Article, this Directive is limited to setting common objectives and principles and does not go beyond what is necessary in order to achieve those objectives. Member States
Amendment 164 #
Proposal for a directive Recital 38 a (new) (38a) In order to ensure that the gender balance objectives set out in this Directive are fully implemented by the Member States and are integrated into the specific policies of the relevant companies and in order to verify the expected spill-over effects of this Directive, the Commission shall submit to the European Parliament and the Council a report.
Amendment 165 #
Proposal for a directive Recital 39 (39) In
Amendment 166 #
Proposal for a directive Recital 39 (39) In accordance with the principle of proportionality, the objective to be met by listed companies should be limited in time and remain in force only until sustainable progress has been achieved in the gender composition of boards. For that reason, the Commission should regularly review the application of this Directive and report to the European Parliament and the Council. The Directive is due to expire on 31 December 2028 provided its objectives have been attained by all Member States. The Commission should assess, in its review, if there is a need to extend the duration of the Directive beyond that period.
Amendment 167 #
Proposal for a directive Recital 39 (39) In accordance with the principle of proportionality, the objective to be met by listed companies should be limited in time and remain in force only until sustainable progress has been achieved in the gender composition of boards. For that reason, the Commission should regularly review the application of this Directive and report to the European Parliament and the Council. The Directive is due to expire on 31 December 2028. The Commission should assess, in its review, if there is a need to extend the duration of the Directive beyond that period. Member States should be encouraged to exchange experiences and good practices regarding transposition and implementation of this directive.
Amendment 168 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down m
Amendment 169 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down measures to ensure a more balanced representation of men and women among the
Amendment 170 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down measures to ensure a more balanced representation of men and women among the non-executive directors of listed companies by establishing effective measures aimed at accelerated progress towards
Amendment 171 #
Proposal for a directive Article 2 – paragraph 1 Amendment 172 #
Proposal for a directive Article 2 – paragraph 1 – point 1 Amendment 173 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) ‘listed company’ means a company
Amendment 174 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) ‘listed company’ means a company incorporated in a Member State whose s
Amendment 175 #
Proposal for a directive Article 2 – paragraph 1 – point 1 1) ‘listed company’ means a company
Amendment 176 #
Proposal for a directive Article 2 – paragraph 1 – point 1 a (new) (1a) Major company and subsidiary: European companies that sell or invoice to a value of over EUR 1 bn per annum and subsidiaries thereof that invoice over EUR 100m and have at least five members on their board;
Amendment 177 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Amendment 178 #
Proposal for a directive Article 2 – paragraph 1 – point 3 Amendment 179 #
Proposal for a directive Article 2 – paragraph 1 – point 4 Amendment 180 #
Proposal for a directive Article 2 – paragraph 1 – point 5 Amendment 181 #
Proposal for a directive Article 2 – paragraph 1 – point 6 Amendment 182 #
Proposal for a directive Article 2 – paragraph 1 – point 7 Amendment 183 #
Proposal for a directive Article 2 – paragraph 1 – point 8 Amendment 184 #
Proposal for a directive Article 2 – paragraph 1 – point 8 Amendment 185 #
Proposal for a directive Article 2 – paragraph 1 – point 8 (8) ‘small and medium-sized enterprise’ or ‘SME’ means a company which employs less than
Amendment 186 #
Proposal for a directive Article 2 – paragraph 1 – point 8 a (new) (8a) ‘family business’ means an undertaking in which: (1) the majority of decision-making rights is in the possession of the natural person(s) who established the firm, or in the possession of the natural person(s) who has/have acquired the share capital of the firm, or in the possession of their spouses, parents, child or children’s direct heirs; (2) the majority of the decision-making rights are direct or indirect; (3) at least one representative of the family or kin is formally involved in the governance of the firm. Listed companies meet the definition of family enterprise if the person who established or acquired the firm (share capital) or their families or descendants possess 25 per cent of the decision- making rights mandated by their share capital.
Amendment 187 #
Proposal for a directive Article 2 – paragraph 1 – point 9 Amendment 188 #
Proposal for a directive Article 2 – paragraph 1 – point 9 – indent 1 Amendment 189 #
Proposal for a directive Article 2 – paragraph 1 – point 9 – indent 2 Amendment 190 #
Proposal for a directive Article 2 – paragraph 1 – point 9 – indent 3 Amendment 191 #
Proposal for a directive Article 3 – paragraph 1 Amendment 192 #
Proposal for a directive Article 3 – paragraph 1 This Directive shall
Amendment 193 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 (new) 'Small and medium-sized enterprise' or 'SME' means a company which employs less than 250 persons and has an annual turnover not exceeding EUR 50 million or an annual balance sheet total not exceeding EUR 43 million, or, for an SME which is incorporated in a Member State whose currency is not the euro, the equivalent amounts in the currency of that Member State.
Amendment 194 #
Proposal for a directive Article 4 – title Objectives with regard to
Amendment 195 #
Proposal for a directive Article 4 – title Amendment 196 #
Proposal for a directive Article 4 – paragraph 1 1. Member
Amendment 197 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 198 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those
Amendment 199 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that
Amendment 200 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated, non- discriminatory and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 201 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the
Amendment 202 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies
Amendment 203 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies
Amendment 204 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that listed companies
Amendment 205 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States may provide that the objective, laid down in paragraph 1 is met where listed companies and public undertakings can show that members of the under-represented sex hold at least one third of all director positions, provided that they are represented among both types of directors – executive and non-executive. The number necessary for meeting this one third objective shall be the number closest to the proportion of one third.
Amendment 206 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall ensure that in listed companies in whose boards members of the underreprensented sex hold less than 40 per cent of the non- executive director positions the pre- selection or selection procedure for appointments to those positions is carried out on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, until the objective set out in paragraph 1 is reached.
Amendment 207 #
Proposal for a directive Article 4 – paragraph 2 Amendment 208 #
Proposal for a directive Article 4 – paragraph 2 Amendment 209 #
Proposal for a directive Article 4 – paragraph 2 2. The number of non-executive director positions necessary to meet the objective laid down in paragraph 1 shall be
Amendment 21 #
Draft legislative resolution Citation 1 a (new) - having regard to Council Recommendation 84/635 of December 1984,
Amendment 210 #
Proposal for a directive Article 4 – paragraph 2 2. The number of
Amendment 211 #
Proposal for a directive Article 4 – paragraph 2 2. The number of non-executive director positions necessary to meet the objective laid down in paragraph 1 shall be the number closest to the proportion of 40 per
Amendment 212 #
Proposal for a directive Article 4 – paragraph 2 2. The number of non-executive
Amendment 213 #
Proposal for a directive Article 4 – paragraph 3 3. In order to attain the objective laid down in paragraph 1,
Amendment 214 #
Proposal for a directive Article 4 – paragraph 3 3. In order to attain the objective laid down in paragraph 1, Member States shall ensure that, in the selection of
Amendment 215 #
Proposal for a directive Article 4 – paragraph 3 3. In order to attain the objective laid down in paragraph 1, Member States shall ensure that,
Amendment 216 #
Proposal for a directive Article 4 – paragraph 3 3. In order
Amendment 217 #
Proposal for a directive Article 4 – paragraph 3 a (new) 3a. The provisions of paragraph 3 shall apply without prejudice to the rights of the undertakings to determine for themselves what qualifications are relevant for each individual non-executive director, provided these criteria are appropriate, objective and directly linked to the tasks and performance of the non-executive director.
Amendment 218 #
Proposal for a directive Article 4 – paragraph 3 a (new) 3a. Where the selection referred in paragraph 3 is made through a vote of shareholders or employees, companies shall ensure that voters are properly informed regarding the measures provided for in this directive, including sanctions for non-compliance by the company.
Amendment 219 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall ensure that listed companies are obliged to disclose
Amendment 22 #
Draft legislative resolution Paragraph 1 1.
Amendment 220 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall ensure that
Amendment 221 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall ensure that listed companies are obliged to disclose, on the request of an unsuccessful candidate, the qualification criteria upon which the selection was based
Amendment 222 #
Proposal for a directive Article 4 – paragraph 4 a (new) 4a. Member States shall ensure that the requirements concerning the selection of candidates should be met at the appropriate stage of the selection process in accordance with national law and the articles of association of the listed companies concerned.
Amendment 223 #
Proposal for a directive Article 4 – paragraph 5 5. Member States shall take the necessary measures, in accordance with their national judicial systems, to ensure that where an unsuccessful candidate of the under- represented sex
Amendment 224 #
Proposal for a directive Article 4 – paragraph 5 5. Member States shall take the necessary measures, in accordance with their national judicial systems, to ensure that where an unsuccessful candidate of the under- represented sex establishes facts from which it may be presumed that that candidate was equally qualified as the appointed candidate of the other sex, it shall be for the
Amendment 225 #
Proposal for a directive Article 4 – paragraph 6 Amendment 226 #
Proposal for a directive Article 4 – paragraph 6 Amendment 227 #
Proposal for a directive Article 4 – paragraph 6 Amendment 228 #
Proposal for a directive Article 4 – paragraph 6 Amendment 229 #
Proposal for a directive Article 4 – paragraph 6 Amendment 23 #
Draft legislative resolution Paragraph 1 1.
Amendment 230 #
Proposal for a directive Article 4 – paragraph 6 Amendment 231 #
Proposal for a directive Article 4 – paragraph 6 Amendment 232 #
Proposal for a directive Article 4 – paragraph 6 Amendment 233 #
Proposal for a directive Article 4 – paragraph 6 6. Member States may provide that listed companies which are not exempted under Article 3 and where the members of the under-represented sex represent less than
Amendment 234 #
Proposal for a directive Article 4 – paragraph 6 6. Member States may provide that listed companies are not subject to the objective laid down in paragraph 1 if they can show that there is a valid reason for not achieving this objective. Such reasons may include: a) where the members of the under- represented sex represent less than 10 per cent of the workforce
Amendment 235 #
Proposal for a directive Article 4 – paragraph 6 6. Member States may provide that
Amendment 236 #
Proposal for a directive Article 4 – paragraph 6 Amendment 237 #
Proposal for a directive Article 4 – paragraph 6 a (new) 6a. Non-executive board members of companies to which this directive applies shall not be authorised to remain in the same post for more than two five-year terms. This criterion shall apply regarding the compulsory annual rotation of 10% of board members. Posts shall be advertised and filled in accordance with the general principles enunciated in paragraphs 3-5 of this article.
Amendment 238 #
Proposal for a directive Article 4 – paragraph 7 Amendment 239 #
Proposal for a directive Article 4 – paragraph 7 7. Member States may
Amendment 24 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL con
Amendment 240 #
Proposal for a directive Article 4 – paragraph 7 a (new) 7a. The EU institutions and agencies should lead by example by improving gender balance. The principles laid down in this Directive should be incorporated into the rules governing the internal staffing procedures of the European Commission, the European Parliament, and all the EU-institutions and agencies, including the European Central Bank. More efficient gender policies must be developed in all EU institutions to impact on recruitment to, training in, and the everyday functioning of the different EU institutions. For that purpose the institutions should ensure that gender balance is achieved in the recruitment of senior management, including Director Generals, Directors and Heads of Unit.
Amendment 241 #
Proposal for a directive Article 5 – title Amendment 242 #
Proposal for a directive Article 5 – title Amendment 243 #
Proposal for a directive Article 5 – paragraph 1 Amendment 244 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that
Amendment 245 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall
Amendment 246 #
Proposal for a directive Article 5 – paragraph 2 Amendment 247 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall require listed companies to provide information to the competent national authorities, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information in an appropriate and easily accessible manner in the annual report and on their website.
Amendment 248 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall require listed companies to
Amendment 249 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall require listed companies and public undertakings to provide information to the competent national authorities, where applicable in their annual reports, once a year as from [
Amendment 25 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving the gender balance among
Amendment 250 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall require listed companies to provide information to the competent national authorities, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article
Amendment 251 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. It is important to collaborate constructively with all stakeholders, such as recruiters, working groups and Non- Governmental Organisations to harness women's skills in business through voluntary business-led change that encompasses the sharing of best practice within, across and beyond the EU;
Amendment 252 #
Proposal for a directive Article 5 – paragraph 3 Amendment 253 #
Proposal for a directive Article 5 – paragraph 3 3. Where a listed company does not meet the objectives laid down in Article 4(1) or its own individual commitments taken pursuant to paragraph 1 of this Article, the information referred to in paragraph 2 of this Article shall include the reasons for not reaching the objectives or commitments and a comprehensive description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments.
Amendment 254 #
Proposal for a directive Article 5 – paragraph 3 3. Where a listed company
Amendment 255 #
Proposal for a directive Article 5 – paragraph 3 3. Where a listed company does not
Amendment 256 #
Proposal for a directive Article 5 – paragraph 3 3. Where a listed company does not meet the objectives laid down in Article 4(1) or its own individual commitments taken pursuant to paragraph 1 of this Article, the information referred to in paragraph 2 of this Article shall clearly include the reasons for not reaching the objectives or commitments and a description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments.
Amendment 257 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. Member States shall require listed companies and public undertakings to report on adjustments in selection processes following the implementation of Article 4.1 to the works council where applicable.
Amendment 258 #
Proposal for a directive Article 5 – paragraph 4 4. Member States shall take the necessary measures to ensure that the body or bodies designated in accordance with Article 20 of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)35 are also competent for the promotion, analysis, monitoring and support of gender balance
Amendment 259 #
Proposal for a directive Article 5 – paragraph 4 4. Member States shall take the necessary measures to ensure that the body or bodies designated in accordance with Article 20 of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)35 are also competent for the promotion, analysis, monitoring and support of gender balance on the boards of listed companies. In the same way, Member States and the Commission shall give these bodies and the European Institute for Gender Equality the task of drawing up reports and encouraging economic and scientific research so as to draw on the knowledge of EU universities and business schools concerning the benefits of equality in enhancing competitiveness and economic performance. An annual prize shall be awarded for the most deserving academic initiative in this area.
Amendment 26 #
Proposal for a directive Recital 4 (4) In recent years the European Commission has presented several reports taking stock of the situation concerning gender diversity in economic decision- making. The Commission has encouraged publicly listed companies in the European Union to increase the number of women on their boards by self-regulatory measures and to make concrete voluntary commitments in that regard. In its Women's Charter of 5 March 2010, the European Commission
Amendment 260 #
Proposal for a directive Article 6 a (new) Article 6a AWARDS The European Commission and Member States may bestow awards and benefits on companies which comply most effectively with the objectives and provisions of this directive. At European level, the Commission and Member States shall take the following action: (a) The European Union, as part of a general campaign for the decade of equality shall present an annual award to the ten companies adopting the most effective practices for achievement of equality on their boards, including a European equal opportunities company of the year award. The European Parliament shall host the annual award ceremony. (b) Member States shall reward efforts by companies to achieve greater equality on their boards, for example in the form of tax concessions to offset a percentage of the fees payable to female board members on a sliding scale, from 90% at the outset in 2014 to 30% in 2020. (c) Specifications for the award of European public contracts shall include as an eligibility criterion compliance with the provisions of this directive by tendering companies in so far as the directive applies to them.
Amendment 261 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall lay down rules on the form to be taken by sanctions applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all necessary measures to ensure that they are applied.
Amendment 262 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall lay down rules on sanctions applicable to infringements of the
Amendment 263 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall
Amendment 264 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall lay down rules on sanctions applicable to infringements of the national provisions regarding implementation of the criterion referred to in Article 4(3) adopted pursuant to this Directive and shall take all necessary measures to ensure that they are applied.
Amendment 265 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall lay down rules
Amendment 266 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall lay down rules on sanctions applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all necessary measures to ensure that they are applied. These sanctions shall come into force not later than [one year after adoption of this Directive].
Amendment 267 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall lay down rules on
Amendment 268 #
Proposal for a directive Article 6 – paragraph 2 Amendment 269 #
Proposal for a directive Article 6 – paragraph 2 Amendment 27 #
Proposal for a directive Recital 4 a (new) (4a) The EU institutions, agencies and the ECB should lead by example concerning gender equality in decision making. Stringent rules on internal and external recruitment to all EU-institutions and agencies should be implemented without delay. Particular attention needs to be given to recruitment policies for senior management positions. The EU institutions and agencies should publish an annual report setting our their effort to that end.
Amendment 270 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. These sanctions must be effective, proportionate and dissuasive. and
Amendment 271 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The
Amendment 272 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The sanctions must be effective, proportionate and dissuasive and may include the following measures alone:
Amendment 273 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The sanctions apply to listed companies or public undertakings infringing national provisions pursuant to Article 4 and Article 5 of this Directive. The sanctions must be effective, proportionate and dissuasive and may include the following measures:
Amendment 274 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. Sanctions shall be imposed on companies for infringing the procedure of setting target figures, of drawing up a gender policy and of disclosing the relevant information in accordance with Articles 4(1) and 5(1) of this Directive. The sanctions must be effective, proportionate and dissuasive and may include the following measures:
Amendment 275 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The sanctions must be effective, proportionate and dissuasive and
Amendment 276 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The sanctions must be effective, proportionate and dissuasive. They must be published annually in the official gazettes of the Member States and other media and identified by means of a logo in the advertising material of the companies in question and may include the following measures:
Amendment 277 #
Proposal for a directive Article 6 – paragraph 2 a (new) 2a. partial exclusion from the award of public procurement contracts;
Amendment 278 #
Proposal for a directive Article 6 – paragraph 2 a (new) 2a. Member states shall compile and publish "positive company registers" to highlight those companies who are achieving balance on their company boards; this will incentivise and motivate companies to promote a good gender balance;
Amendment 279 #
Proposal for a directive Article 6 – paragraph 2 a (new) 2a. Member States shall report to the Commission on the sanctions that are in place to comply with the provisions of this Directive;
Amendment 28 #
Proposal for a directive Recital 5 (5) In the European Pact for Gender Equality 2011-2020, which was adopted on 7 March 2011, the Council acknowledged that gender equality policies are vital to economic growth, prosperity and competitiveness, reaffirmed its commitment to close the gender gaps with a view to meeting the objectives of the Europe 2020 Strategy,
Amendment 280 #
Proposal for a directive Article 6 – paragraph 2 b (new) 2b. partial exclusion from the award of funding from the structural funds,
Amendment 281 #
Proposal for a directive Article 6 – paragraph 2 c (new) 2c. partial exclusion from the award of national aid from the Member State;
Amendment 282 #
Proposal for a directive Article 6 – paragraph 2 d (new) 2d. deletion from the trade register of the Member State;
Amendment 283 #
Proposal for a directive Article 6 – paragraph 2 – point a Amendment 284 #
Proposal for a directive Article 6 – paragraph 2 – point b Amendment 285 #
Proposal for a directive Article 6 – paragraph 2 – point b Amendment 286 #
Proposal for a directive Article 6 – paragraph 2 – point b (b) nullity or annulment declared by a judicial body of the appointment or of the election of non-executive directors made contrary to the national provisions adopted pursuant to Article 4(1). The nullity or annulment of the appointment or of the election of non- executive directors should not have any consequence on the validity of the decisions taken by the board.
Amendment 287 #
Proposal for a directive Article 6 – paragraph 2 – point b a (new) (ba) forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 288 #
Proposal for a directive Article 6 – paragraph 2 – point b a (new) (ba) So as to ensure cross-compliance with other EU instruments, where obligations under this directive are breached, EU funding may be suspended.
Amendment 289 #
Proposal for a directive Article 6 – paragraph 2 – point b a (new) (ba) Compulsory withholding of public contracts from companies perpetrating major infringements of this directive in so far as the provisions thereof are applicable to them.
Amendment 29 #
Proposal for a directive Recital 5 (5) In the European Pact for Gender Equality 2011-2020, which was adopted on
Amendment 290 #
Proposal for a directive Article 6 – paragraph 2 – point b a (new) (ba) partial exclusion from the award of funding from the European structural funds,
Amendment 291 #
Proposal for a directive Article 7 Amendment 292 #
Proposal for a directive Article 7 – paragraph 1 Amendment 293 #
Proposal for a directive Article 7 – paragraph 1 Member States
Amendment 294 #
Proposal for a directive Article 7 – paragraph 1 Member States may introduce or maintain provisions which are more favourable than those laid down in this Directive to ensure a more balanced representation of men and women in respect of companies incorporated in their national territory, provided those provisions do not create unjustified gender or any other form of discrimination, nor hinder the proper functioning of the internal market.
Amendment 295 #
Proposal for a directive Article 8 Amendment 296 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Without prejudice to Article 4(6) and (7), Member States which before the entry into force of this Directive have already taken, or will have taken by 31 December 2015, measures to ensure a more balanced representation of women and men among the non-executive directors of listed companies may suspend the application of
Amendment 297 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Amendment 298 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Amendment 299 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 1 Without prejudice to Article 4(6) and (7), Member States which before the entry into force of this Directive have already taken measures to ensure a more balanced representation of women and men among the non-executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in Article 4(1a), (3), (4) and (5), provided that it can be shown that those measures enable members of the under-represented sex to hold at least 40 per cent of the non-executive director positions of listed companies by at the latest 1 January 2020, or at the latest 1 January 2018 for listed companies which are public undertakings.
Amendment 30 #
Proposal for a directive Recital 6 (6) The European Parliament, in its resolution on women and business leadership of 6 July 201127 , urged companies to attain the critical threshold of 30 per cent female membership of management bodies by 2015 and 40 per cent by 2020. It called on the Commission, if the steps taken by companies and the Member States were found to be inadequate, to propose legislation by 2012, including quotas, temporarily implemented, to serve as catalysts of change and of rapid reforms against persisting gender inequalities and stereotypes in economic decision making. The European Parliament reiterated that call for legislation in its resolution of 13 March 2012 on equality between women and men in the European Union – 2011.
Amendment 300 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 2 The Member State in question shall notify this information to the Commission. The Commission shall inform the European Parliament and Council of the Member State's request. The suspension shall be automatically revoked if insufficient progress is made towards the aim of this Directive which is deemed the case if the percentage of the under-represented sex is lower than 30% by 2017 or by 2015 in case of public undertakings.
Amendment 301 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall communicate to the Commission by 1 January 201
Amendment 302 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall communicate to the Commission by 1 January 2017 at the latest and every two years thereafter a report on the implementation of this Directive. These reports shall include
Amendment 303 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. The Commission shall submit an evaluation report by 1 July 2017 on the implementation of the requirements for listed companies referred to in Articles 4 (1), 5(1) and (2),on the basis of the reports submitted by the Member States pursuant to paragraph 1. In addition, the Commission report shall include the gender-balance situation at board-level and at management level of non-listed companies that are above the SME threshold as defined in Article 2.
Amendment 304 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. The Commission shall present a report by 31 December 2015 on how the principles of this Directive can be incorporated into the rules governing the internal staffing procedures of all EU institutions and agencies. If appropriate this report should be accompanied by a legislative proposal extending the scope of the Directive to cover all EU institutions and agencies.
Amendment 305 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 1 Amendment 306 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 1 Member States having suspended pursuant
Amendment 307 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 1 Member States having suspended pursuant to Article 8(3) the application of the procedural requirements
Amendment 308 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 1 Member States having suspended pursuant to Article 8(3) the application of the procedural requirements relating to appointments contained in Article 4(1a), (3), (4) and (5) shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in Article 8(3). The Commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under-represented sex to hold at least 40 per cent of the non-executive director positions by 1 January 2018 for listed companies which are public undertakings, and by 1 January 2020 for listed companies which are not public undertakings. The first such report shall be issued by the Commission by 1 July 2017, and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1.
Amendment 309 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 2 Amendment 31 #
Proposal for a directive Recital 6 a (new) (6a) European institutions, bodies and agencies should set the example as regards gender equality in decision- making by implementing and monitoring gender equality strategies such as quota systems.
Amendment 310 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 2 Member States in question shall ensure that listed companies, which by applying the national measures referred to in Article 8(3) have not appointed or elected members of the under-represented sex for at least 40 per cent of the non-executive director positions of their boards by 1 January 20
Amendment 311 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 2 Member States in question shall ensure that listed companies, which by applying the national measures referred to in Article 8(3) have not appointed or elected members of the under-represented sex for at least 40 per cent of the non-executive director positions of their boards by 1 January 2018, where they are public undertakings, or by 1 January 2020, where they are not public undertakings, apply the procedural requirements relating to appointments contained in Article 4(1a), (3), (4) and (5) with effect respectively from those dates.
Amendment 312 #
Proposal for a directive Article 9 – paragraph 3 3. The Commission shall review the application of this Directive and report to
Amendment 313 #
Proposal for a directive Article 9 – paragraph 3 3. The Commission shall review the application of this Directive and report to the European Parliament and the Council by 31 December 2021
Amendment 314 #
Proposal for a directive Article 9 – paragraph 4 Amendment 315 #
Proposal for a directive Article 9 – paragraph 4 4. In its report, the Commission shall, after consulting the European Parliament and the Council, assess whether, in the light of developments in the representation of men and women in the boards of listed companies and at different levels of decision-making throughout the economy and taking into account whether the progress made is sufficiently sustainable, there is a need to extend the duration of this Directive beyond the date specified in Article 10(2) or to amend it.
Amendment 316 #
Proposal for a directive Article 9 – paragraph 4 4. In its report, the Commission shall assess whether, in the light of developments in the representation of men and women in the boards of listed companies and at different levels of decision-making throughout the economy and taking into account whether the
Amendment 317 #
Proposal for a directive Article 10 – paragraph 2 Amendment 318 #
Proposal for a directive Article 10 – paragraph 2 2.
Amendment 32 #
Proposal for a directive Recital 6 a (new) (6a) The EU institutions and agencies should lead by example by improving gender balance. The principles laid down in this Directive should be incorporated into the rules governing the internal staffing procedures of the European Commission, the European Parliament, and all EU-institutions and agencies, including the European Central Bank. More efficient gender policies must be developed in all EU institutions to impact on recruitment to, training in, and the everyday functioning of the different EU institutions. For that purpose the institutions should ensure that gender balance is achieved in the recruitment of senior management, including Director- Generals, Directors and Heads of Unit;
Amendment 33 #
Proposal for a directive Recital 6 a (new) (6a) The EU institutions and agencies should lead by example by improving gender balance. The principles laid down in this Directive should be incorporated into the rules governing the internal staffing procedures of the European Commission, the European Parliament, and all EU-institutions and agencies, including the European Central Bank. More efficient gender policies must be developed in all EU institutions to impact on recruitment to, training in, and the everyday functioning of the different EU institutions. For that purpose the institutions shall ensure that gender balance is achieved in the recruitment of senior management, including Director- Generals, Directors and Heads of Unit.
Amendment 34 #
Proposal for a directive Recital 6 b (new) (6b) It is essential that the management of the Commission, the EU's executive body, improves its gender balance to represent better the European citizens. Member States are therefore called upon to nominate both male and female candidates for each position in the college of the Commissioners in order to achieve a gender balance in the Commission college;
Amendment 35 #
Proposal for a directive Recital 6 c (new) (6c) It is essential that the management of the Commission, the EU's executive body, improves its gender balance to represent better the European citizens. Member States are therefore called upon to nominate both male and female candidates for each position in the college of the Commissioners in order to achieve a gender balance in the Commission college.
Amendment 36 #
Proposal for a directive Recital 6 e (new) (6e) The European Central bank (ECB), the European System of Financial Supervision (ESFS) – including the European Systemic Risk Board (ESRB) – and the European Supervisory Authorities (ESAs) should comply with all aspects of equality and non-discrimination on the basis of gender. The Boards of Supervisors of the ESAs should also be encouraged to present a gender-balanced list of candidates for the positions of Chairmen and Executive Directors at the relevant hearing in the European Parliament. The final selection of these positions should be gender balanced. It is also important that the Steering Committee and Advisory Committees of the ESRB are gender balanced.
Amendment 37 #
Proposal for a directive Recital 6 f (new) (6f) The supervisory board of the European Central Bank (ECB), including the roles of Chair and Vice Chair, should be balanced from a gender perspective. Whenever a vacancy arises on ECB Executive Board those Member States that have adopted the euro as a currency should be encouraged to nominate two candidates, a male and a female, for the vacant position. The Member States should also be encouraged to appoint women as governors of the national central banks (NCBs) in order to achieve a gender balance in the Governing Council and the General Council of the ECB and on the General Board of the ESRB.
Amendment 38 #
Proposal for a directive Recital 7 (7) The efficient use of human capital is
Amendment 39 #
Proposal for a directive Recital 7 (7) The efficient use of human capital is the most important determinant of an economy's competitiveness, development and growth and is key to addressing the EU's demographic challenges, to competing successfully in a globalised economy and to ensuring a comparative advantage vis-à-vis third countries. The pool of highly trained and qualified women is constantly growing as evidenced by the fact that 60 per cent of
Amendment 40 #
Proposal for a directive Recital 7 (7) The efficient use of human capital is the most important determinant of an economy's competitiveness and is key to addressing the EU's demographic challenges, to competing successfully in a globalised economy and to ensuring
Amendment 41 #
Proposal for a directive Recital 7 a (new) (7a) The appointment of board members and executive and non-executive directors shall fully remain the prerogative and responsibility of the shareholders.
Amendment 42 #
Proposal for a directive Recital 7 a (new) (7a) Companies and businesses shall look at creating a pipeline of board and management-ready women that encourages, supports and develops female talent at all levels and throughout their careers;
Amendment 43 #
Proposal for a directive Recital 7 b (new) (7b) Reducing individuals to representatives of different groups in society, such as men, women or ethic minorities, runs counter to the objective of providing equal opportunities for all. Every individual shall be regarded as an individual and for that reason there should be no quotas on representation imposed by law.
Amendment 44 #
Proposal for a directive Recital 8 (8)
Amendment 45 #
Proposal for a directive Recital 8 (8) At company level, it is widely acknowledged that the presence of women on boards improves corporate governance, because team performance and the quality of decision-making are enhanced due to a
Amendment 46 #
Proposal for a directive Recital 8 (8) At company level, it is widely acknowledged that the presence of women on boards improves corporate governance, because team performance and the quality of decision-making are enhanced due to a more diverse and collective mind-set incorporating a wider range of perspectives and therefore reaching more balanced decisions. Numerous studies have also shown that there is a positive relationship between gender diversity at top management level and a company's financial performance and profitability. Enhancing female representation on the boards of publicly listed companies in the Union
Amendment 47 #
Proposal for a directive Recital 8 (8) At company level, it is widely acknowledged that the presence of women on boards improves corporate governance, because team performance and the quality of decision-making are enhanced due to a more diverse and collective mind-set incorporating a wider range of perspectives and therefore reaching more balanced decisions. Numerous studies have also shown that there is a positive relationship between gender diversity at top management level and a company's financial performance and profitability. Enhancing female representation on the boards of publicly listed companies in the Union can therefore have a positive impact on the economic performance of companies concerned. Companies should therefore take concrete steps to secure women’s access to the leadership ladder by promoting women’s career development at all levels of leadership;
Amendment 48 #
Proposal for a directive Recital 8 a (new) (8a) The appointment of women as board members is being hampered by a number of specific factors which can be overcome through not only sanctions but also educational initiatives and incentives to promote good practices. Firstly, it is essential to heighten awareness in business schools and universities of the benefits of gender equality in making companies more competitive. It is also necessary to encourage regular turnover of board members and introduce positive measures to promote and reward efforts by states and companies to adopt a more decisive approach to such changes in top economic decision-making bodies at EU level. Finally, taxation and public procurement both provide suitable channels for the promotion of greater gender balance on company boards.
Amendment 49 #
Proposal for a directive Recital 9 Amendment 50 #
Proposal for a directive Recital 9 (9) Existing evidence also shows that labour market equality can improve economic growth substantially. Enhancing female presence in the boardrooms of listed companies in the Union not only affects the women appointed to boards, but also contributes to attracting female talent to the company and ensuring a greater presence of women at all levels of management and in the workforce. Therefore, a higher share of women on company boards has a positive impact on closing both the gender employment gap and the gender pay gap. Making full use of the existing female talent pool would constitute a marked improvement in terms of return on education for both individuals and the public sector. Female under- representation in the board rooms of publicly listed companies in the EU is a missed opportunity in terms of achieving long-term sustainable growth for Member States' economies at large. Member States should therefore introduce measures to encourage career progression of women at all levels through positive actions such as networking and mentoring programmes.
Amendment 51 #
Proposal for a directive Recital 9 a (new) (9a) In Norway the "golden skirts" or the "trophy directors", which are a group of about 70 women who were given non- executive posts on multiple company boards, has unfortunately lead to the situation where women are increasingly being put on boards as a means to "window dress" and make up numbers. This has had the counter-productive effect of demeaning and patronising successful women who have made it onto boards by merit. Further, acknowledges that the proven experience of Norway demonstrates that a quota system does not lead to any sustainable change, as presently just 3% of CEOs are women;
Amendment 52 #
Proposal for a directive Recital 9 a (new) (9a) It is important to note that the current situation in board recruitment can amount to positive discrimination for men. There are studies showing that male board members are less highly qualified and less experienced than their female counterparts, thus indicating gender discrimination of a positive nature for men and a negative nature for women.
Amendment 53 #
Proposal for a directive Recital 10 (10) Despite the existing Union legislation aimed at preventing and combating sex discrimination, the Council recommendations aimed
Amendment 54 #
Proposal for a directive Recital 10 (10) Despite the existing Union legislation aimed at preventing and combating sex discrimination, the Council recommendations aimed specifically at increasing the presence of women in economic decision-making and Union- level actions encouraging self-regulation, women continue to be strongly outnumbered by men in the highest decision-making bodies of companies throughout the Union. In the private sector
Amendment 55 #
Proposal for a directive Recital 10 (10) Despite the existing Union legislation aimed at preventing and combating sex discrimination, the Council
Amendment 56 #
Proposal for a directive Recital 11 (11) The proportion of women on company boards is progressing
Amendment 57 #
Proposal for a directive Recital 11 (11) The proportion of women on company boards for example is progressing very slowly
Amendment 58 #
Proposal for a directive Recital 11 (11) The proportion of women on company boards is progressing very slowly, with an average annual increase of just 0.6 percentage points during the past years. The rate of improvement has differed in individual Member States and has led to highly divergent results. Much more significant progress was noted in
Amendment 59 #
Proposal for a directive Recital 11 (11)
Amendment 60 #
Proposal for a directive Recital 12 (12) The scattered and divergent regulation or the absence of regulation at national level as regards the gender balance
Amendment 61 #
Proposal for a directive Recital 12 (12) The scattered and divergent regulation or the absence of regulation at national level as regards the gender balance on boards of listed companies
Amendment 62 #
Proposal for a directive Recital 12 a (new) (12a) Gender imbalances within companies are greater at more senior levels. Furthermore, many of those women who are represented in senior management are to be found in fields such as human resources and communication while men at a senior level are more likely to be employed in general management or "line management" within the company. As the main pool for recruitment to corporate board positions is comprised largely of candidates with senior management experience, it is vital that the number of women advancing to such management positions within companies is increased.
Amendment 63 #
Proposal for a directive Recital 13 Amendment 64 #
Proposal for a directive Recital 13 (13) The current lack of transparency of the selection procedures and qualification criteria for board positions in most Member States represents a significant barrier to more gender diversity among board members and negatively affects both the board candidates' careers and
Amendment 65 #
Proposal for a directive Recital 13 (13) The current lack of transparency of the selection procedures and qualification criteria for board positions in most Member States represents a significant
Amendment 66 #
Proposal for a directive Recital 14 Amendment 67 #
Proposal for a directive Recital 14 (14)
Amendment 68 #
Proposal for a directive Recital 14 (14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of a transparent and clearly defined selection procedure and an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance is necessary in order to attain gender balance among non-executives directors. Only an EU-level binding measure can effectively help to ensure a competitive level-playing field throughout the Union and avoid practical complications in business life.
Amendment 69 #
Proposal for a directive Recital 14 (14)
Amendment 70 #
Proposal for a directive Recital 15 (15) The Europe 2020 Strategy for Smart, Sustainable and Inclusive Growth29 ascertained that increased female labour force participation is a precondition for boosting growth and for tackling demographic challenges in Europe. The Strategy set a headline target of reaching an employment rate of 75 per cent for women and men aged 20-64 by 2020, which can only be reached if there is a clear commitment to gender equality and a reinforced effort to tackle all barriers to women's participation in the labour market. The current economic crisis has magnified Europe's ever-growing need to rely on knowledge, competence and innovation and to make full use of the pool of available talent.
Amendment 71 #
Proposal for a directive Recital 15 (15) The Europe 2020 Strategy for Smart, Sustainable and Inclusive Growth29 ascertained that increased female labour force participation is a precondition for boosting growth and for tackling demographic challenges in Europe. The Strategy set a headline target of reaching an employment rate of 75 per cent for women and men aged 20-64 by 2020, which can only be reached if there is a clear commitment to gender equality and a reinforced effort to tackle all barriers to women's participation in the labour market. The current economic crisis has magnified Europe's ever-growing need to rely on knowledge, competence and innovation and to make full use of the pool of available talent. Enhancing female participation in economic decision-making, on company boards and at senior management level in particular, is expected to have a positive spill-over effect on female employment in the companies concerned and throughout the whole economy.
Amendment 72 #
Proposal for a directive Recital 15 (15) The Europe 2020 Strategy for Smart, Sustainable and Inclusive Growth29 ascertained that increased female labour force participation is a precondition for boosting growth and for tackling demographic challenges in Europe. The Strategy set a headline target of reaching an employment rate of 75 per cent for women and men aged 20-64 by 2020, which can only be reached if there is a clear commitment to gender equality, elimination of the persisting gender pay gap and a reinforced effort to tackle all barriers to women's participation in the labour market, including the existing "glass-ceiling" phenomenon. The current economic crisis has magnified Europe's ever-growing need to rely on knowledge, competence and innovation and to make full use of the pool of available talent, of both men and women. Enhancing female participation in economic decision-making, on company boards in particular, is expected to have a positive spill-over effect on female employment in the companies concerned and throughout the whole economy.
Amendment 73 #
Proposal for a directive Recital 15 a (new) (15a) Achievement of these objectives is of vital importance in ensuring Europe’s economic competitiveness, encouraging innovation and enhancing professional standards on company boards. The European Union has accordingly declared labour market equality referred to in the previous paragraph and progressively greater gender equality on company boards to be European decade of equality objectives and will examine ways of heightening awareness of progress being achieved in this area.
Amendment 74 #
Proposal for a directive Recital 16 (16) The Union should therefore aim to increase the presence of women on company boards, in order both to boost economic growth and the competitiveness of European companies and to achieve effective gender equality on the labour market. This aim should be pursued through
Amendment 75 #
Proposal for a directive Recital 16 (16) The Union should therefore aim to increase
Amendment 76 #
Proposal for a directive Recital 16 (16) The Union should therefore aim to increase the presence of women on company boards, in order both to boost economic growth and the competitiveness of European companies and to achieve effective gender equality on the labour market. This aim should be pursued through
Amendment 77 #
Proposal for a directive Recital 16 a (new) (16a) Listed companies should develop a gender policy in order to attain a more balanced gender representation throughout the company. This policy may include a description of the relevant measures implemented in that company: nominating both a female and male candidate for key positions, mentoring schemes and career development guidance for women, human resource strategies to encourage diverse recruitment. Furthermore, it may include offering flexible working conditions for all employees, for example assistance for parental leave as well as providing assistance for housework and child care. Each company may select the policies best suited to its activities and should take active measures to increase the proportion of the underrepresented gender in the management of the company.
Amendment 78 #
Proposal for a directive Recital 17 Amendment 79 #
Proposal for a directive Recital 17 (17) Companies listed on stock exchanges enjoy a particular economic importance, visibility and impact on the market as a whole. The measures provided for in this Directive should therefore apply to listed
Amendment 80 #
Proposal for a directive Recital 17 (17) Companies listed on stock exchanges and other major undertakings enjoy a particular economic importance, visibility and impact on the market as a whole. The measures provided for in this Directive should therefore apply to listed companies, which are defined as companies incorporated in a Member State whose securities are admitted to trading on a regulated market within the meaning of Article 4(1) (14) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, in one or more Member States. These companies set
Amendment 81 #
Proposal for a directive Recital 17 a (new) (17a) The Commission should collect and analyse facts and figures about the gender balance in other major undertakings which are also of great importance for the economy. An impact assessment should subsequently be carried out to gain an overview of the situation in other major undertakings in the Member States and evaluate whether measures at EU level are needed to incorporate such undertakings in the directive at a later date. At the same time the Commission should explain the available options to that end, since special schemes may be necessary for such undertakings owing to specific national circumstances.
Amendment 82 #
Proposal for a directive Recital 18 Amendment 83 #
Proposal for a directive Recital 18 (18) This Directive should not apply to micro, small and medium-sized enterprises (SMEs), as defined by Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, even if they are listed companies. To take account of the characteristics of the small business sector in some Member States, the number of employees in the definition of ‘SME’ should be raised to 500;
Amendment 84 #
Proposal for a directive Recital 18 (18) Th
Amendment 85 #
Proposal for a directive Recital 18 (18) This Directive sh
Amendment 86 #
Proposal for a directive Recital 19 Amendment 87 #
Proposal for a directive Recital 20 Amendment 88 #
Proposal for a directive Recital 20 (20) All board systems distinguish between executive directors, who are involved in the daily management of the company, and non-executive directors who are not involved in the daily management, but do perform a supervisory function. The quantitative objectives provided for in this Directive should apply
Amendment 89 #
Proposal for a directive Recital 20 (20) All board systems distinguish between executive directors, who are involved in the daily management of the company, and non-executive directors who are not involved in the daily management, but do perform a supervisory function. The
Amendment 90 #
Proposal for a directive Recital 21 (21) In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the company's workforce and/or organisations of workers pursuant to national law or practice. The quantitative objectives provided for in this Directive should apply to all non-executive directors including employee representatives. However, the
Amendment 91 #
Proposal for a directive Recital 21 Amendment 92 #
Proposal for a directive Recital 21 (21) In several Member States, a certain proportion of the
Amendment 93 #
Proposal for a directive Recital 21 (21) In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the company's workforce and/or organisations of workers pursuant to national law or practice. The
Amendment 94 #
Proposal for a directive Recital 21 (21) In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the company's workforce and/or organisations of workers pursuant to national law or practice. The quantitative objectives provided for in this Directive should apply to all non-executive directors including employee representatives. However, the practical procedures for ensuring that those objectives are attained, taking into account the fact that some non-executive Directors are employee representatives, should be defined by the Member States concerned on the basis of consultations with the social partners at national level.
Amendment 95 #
Proposal for a directive Recital 21 (21) In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the
Amendment 96 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre-
Amendment 97 #
Proposal for a directive Recital 22 Amendment 98 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of
Amendment 99 #
Proposal for a directive Recital 22 (22) Listed companies in the Union should
source: PE-516.871
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| activities/1/committees/6/rapporteur/0 |
|
| activities/1/committees/6/rapporteur/0/mepref |
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4de187fe0fb8127435bdc298New
4f1adaa9b819f207b3000083 |
| activities/1/committees/6/responsible |
Old
TrueNew
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| activities/1/committees/6/shadows |
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| activities/4/committees/0/rapporteur/0/mepref |
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4f1adb27b819f207b30000ac |
| activities/4/committees/1/rapporteur/0/mepref |
Old
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4f1ac73fb819f25efd000076 |
| activities/4/committees/2/date |
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|
| activities/4/committees/2/rapporteur/0/mepref |
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4f1ad214b819f27595000004 |
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4de187fe0fb8127435bdc298New
4f1ad214b819f27595000004 |
| activities/4/committees/3/rapporteur/0/name |
Old
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KRATSA-TSAGAROPOULOU Rodi |
| activities/4/committees/3/shadows |
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| activities/4/committees/4/rapporteur/0/mepref |
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4f1ada4db819f207b3000063 |
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4f1adaa9b819f207b3000083 |
| activities/4/committees/5/responsible |
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True |
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4f1adb27b819f207b30000ac |
| activities/5/committees/1/rapporteur/0/mepref |
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4f1ac73fb819f25efd000076 |
| activities/5/committees/2/date |
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| activities/5/committees/2/rapporteur/0/mepref |
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| activities/5/committees/3/rapporteur/0/mepref |
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4de187fe0fb8127435bdc298New
4f1ad214b819f27595000004 |
| activities/5/committees/3/rapporteur/0/name |
Old
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KRATSA-TSAGAROPOULOU Rodi |
| activities/5/committees/3/shadows |
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| activities/5/committees/4/rapporteur/0/mepref |
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4f1ada4db819f207b3000063 |
| activities/5/committees/5/date |
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|
| activities/5/committees/5/rapporteur/0 |
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4de187fe0fb8127435bdc298New
4f1adaa9b819f207b3000083 |
| activities/5/committees/5/responsible |
Old
New
True |
| activities/5/committees/5/shadows |
|
| activities/5/committees/6/date |
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New
2012-11-26T00:00:00 |
| activities/5/committees/6/rapporteur/0 |
|
| activities/5/committees/6/rapporteur/0/mepref |
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4de187fe0fb8127435bdc298New
4f1adaa9b819f207b3000083 |
| activities/5/committees/6/responsible |
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TrueNew
|
| activities/5/committees/6/shadows |
|
| committees/0/rapporteur/0/mepref |
Old
4de188580fb8127435bdc31aNew
4f1adb27b819f207b30000ac |
| committees/1/rapporteur/0/mepref |
Old
4de183fd0fb8127435bdbceaNew
4f1ac73fb819f25efd000076 |
| committees/2/date |
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|
| committees/2/rapporteur/0/mepref |
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| committees/2/rapporteur/1 |
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2012-12-18T00:00:00 |
| committees/3/rapporteur/0 |
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Old
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| committees/3/rapporteur/0/mepref |
Old
4de187fe0fb8127435bdc298New
4f1ad214b819f27595000004 |
| committees/3/rapporteur/0/name |
Old
REGNER EvelynNew
KRATSA-TSAGAROPOULOU Rodi |
| committees/3/shadows |
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| committees/4/rapporteur/0/mepref |
Old
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| committees/5/date |
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|
| committees/5/rapporteur/0 |
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| committees/5/rapporteur/1/mepref |
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4f1adaa9b819f207b3000083 |
| committees/5/responsible |
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New
True |
| committees/5/shadows |
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| committees/6/date |
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New
2012-11-26T00:00:00 |
| committees/6/rapporteur/0 |
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| committees/6/rapporteur/0/mepref |
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4f1adaa9b819f207b3000083 |
| committees/6/responsible |
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|
2014-07-27Show (64) Changes | Timetravel
| activities/1/committees/2/shadows/0/group |
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S&D |
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| activities/1/committees/2/shadows/7/group |
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| activities/1/committees/5/shadows/0/group |
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PPE |
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S&DNew
S&D |
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ALDENew
ALDE |
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ALDE |
| activities/1/committees/5/shadows/4/group |
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ECR |
| activities/1/committees/5/shadows/7/group |
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GUE/NGL |
| activities/4/committees/2/shadows/0/group |
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S&D |
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| activities/4/committees/2/shadows/7/group |
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| activities/4/committees/5/shadows/7/group |
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| activities/5/committees/2/shadows/0/group |
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S&DNew
S&D |
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ECR |
| activities/5/committees/2/shadows/7/group |
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| activities/5/committees/5/shadows/0/group |
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S&D |
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ALDE |
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ECR |
| activities/5/committees/5/shadows/7/group |
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GUE/NGL |
| committees/2/shadows/0/group |
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S&D |
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| committees/2/shadows/7/group |
Old
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GUE/NGL |
| committees/5/shadows/0/group |
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2014-07-27Show (64) Changes | Timetravel
| activities/1/committees/2/shadows/0/group |
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| activities/1/committees/2/shadows/2/group |
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ALDENew
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| activities/1/committees/2/shadows/7/group |
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| activities/1/committees/5/shadows/0/group |
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| activities/1/committees/5/shadows/1/group |
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S&D |
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| activities/5/committees/2/shadows/7/group |
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| activities/5/committees/5/shadows/0/group |
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| activities/5/committees/5/shadows/5/group |
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| activities/5/committees/5/shadows/6/group |
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| activities/5/committees/5/shadows/7/group |
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| committees/2/shadows/0/group |
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| committees/2/shadows/7/group |
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| committees/5/shadows/0/group |
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| committees/5/shadows/7/group |
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2014-07-26Show (64) Changes | Timetravel
| activities/1/committees/2/shadows/0/group |
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| activities/1/committees/2/shadows/2/group |
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| activities/1/committees/2/shadows/3/group |
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| activities/1/committees/2/shadows/5/group |
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| activities/1/committees/2/shadows/6/group |
Old
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| activities/1/committees/2/shadows/7/group |
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GUE/NGL |
| activities/1/committees/5/shadows/0/group |
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| activities/1/committees/5/shadows/1/group |
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S&DNew
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| activities/1/committees/5/shadows/2/group |
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| activities/1/committees/5/shadows/4/group |
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| activities/1/committees/5/shadows/5/group |
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| activities/1/committees/5/shadows/6/group |
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| activities/1/committees/5/shadows/7/group |
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| activities/4/committees/2/shadows/0/group |
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| activities/4/committees/2/shadows/1/group |
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| activities/4/committees/2/shadows/2/group |
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| activities/4/committees/2/shadows/7/group |
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| activities/4/committees/5/shadows/0/group |
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| activities/4/committees/5/shadows/5/group |
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| activities/4/committees/5/shadows/6/group |
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| activities/4/committees/5/shadows/7/group |
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| activities/5/committees/2/shadows/0/group |
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S&DNew
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| activities/5/committees/2/shadows/2/group |
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| activities/5/committees/2/shadows/6/group |
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| activities/5/committees/2/shadows/7/group |
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GUE/NGL |
| activities/5/committees/5/shadows/0/group |
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| activities/5/committees/5/shadows/2/group |
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2014-07-25Show (64) Changes | Timetravel
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2014-07-24Show (64) Changes | Timetravel
| activities/1/committees/2/shadows/0/group |
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2014-07-23Show (64) Changes | Timetravel
| activities/1/committees/2/shadows/0/group |
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2014-07-22Show (64) Changes | Timetravel
| activities/1/committees/2/shadows/0/group |
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2014-07-22Show (64) Changes | Timetravel
| activities/1/committees/2/shadows/0/group |
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2014-07-21Show (64) Changes | Timetravel
| activities/1/committees/2/shadows/0/group |
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2014-07-20Show (64) Changes | Timetravel
| activities/1/committees/2/shadows/0/group |
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2014-07-19Show (64) Changes | Timetravel
| activities/1/committees/2/shadows/0/group |
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The European Parliament adopted by 459 votes to 148, with 81 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures. The European Parliament’s position at first reading under the ordinary legislative amended the Commission proposal as follows: Gender policy: Parliament maintained that listed companies should develop a gender-balanced model of decision-making at all levels within the company while also ensuring the elimination of the gender pay gap. That policy may include:
Objectives with regard to non-executive directors: Listed companies in the Union should aim to attain the objective of having at least 40 % of non-executive directors of the under-represented sex by 1 January 2020 at the latest. Companies are obliged to:
Where the selection is made through a vote of shareholders or employees, companies shall ensure that voters are properly informed regarding the measures provided for in this Directive, including sanctions for non-compliance by the company. Additional measures taken by the companies and reporting requirements: listed companies must publish information about the gender representation on their boards in an appropriate and easily accessible manner on their website and in their annual report. A listed company shall provide a statement of the reasons for its failure to attain those objectives or to fulfil those commitments. Sanctions: Parliament proposed to add to the sanctions applicable to infringements of the national provisions adopted pursuant to this Directive: i) the exclusion from public call for tenders; and ii) partial exclusion from the award of funding from the European structural funds. Reports: the Commission shall submit an evaluation report by 1 July 2017 on the implementation of the requirements for listed companies on the basis of the reports submitted by the Member States. The Commission shall also present a report on the way in which the principles of this Directive are applied by all Union institutions and agencies and are incorporated into the rules governing their internal staffing procedures. The Commission's report shall also examine whether the scope of this Directive should be extended to cover non-listed public undertakings which do not fall within the definition of SME, non-listed large undertakings and executive directors of listed companies. New
PURPOSE: ensuring more balanced representation of men and women among non-executive directors of companies listed on stock exchanges. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: company boards in the EU are characterised by persistent gender imbalances, as evidenced by the fact that only 13.7% of corporate seats in the largest listed companies are currently held by women (15% among non-executive directors). Progress in increasing the presence of women on company boards has been very slow, with an average annual increase in the past years of just 0.6 percentage points. The divergence or the absence of regulation at national level does not only lead to the discrepancies in the number of women among executive and non-executive directors and different rates of improvement across Member States, but also poses barriers to the internal market by imposing divergent corporate governance requirements on European listed companies.
IMPACT ASSESSMENT: the Commission analysed five policy options:
The outcome of the comparison of the consequences of the different policy options was that (i) binding measures are more effective in meeting the policy objectives than non-binding measures, (ii) measures that target both executive and non-executive board members are more effective than measures only targeting one group and (iii) binding measures will generate more societal and economic benefits than non-binding measures. The proposal is therefore based on Option 4. LEGAL BASIS: Article 157(3) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the purpose of the proposal is to substantially increase the number of women on corporate boards throughout the EU by setting a minimum objective of a 40% presence of the under-represented sex among the non-executive directors of companies listed on stock exchanges and by requiring companies with a lower share of the under-represented sex among the non-executive directors to introduce pre-established, clear, neutrally formulated and unambiguous criteria in selection procedures for those positions in order to attain that objective by 1 January 2020. A shorter deadline for achieving the objective (1 January 2018) is set for listed companies which are public undertakings. The proposal:
BUDGETARY IMPLICATION: the proposal has no implications for the Union budget. |
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Old
PURPOSE: ensuring more balanced representation of men and women among non-executive directors of companies listed on stock exchanges. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: company boards in the EU are characterised by persistent gender imbalances, as evidenced by the fact that only 13.7% of corporate seats in the largest listed companies are currently held by women (15% among non-executive directors). Progress in increasing the presence of women on company boards has been very slow, with an average annual increase in the past years of just 0.6 percentage points. The divergence or the absence of regulation at national level does not only lead to the discrepancies in the number of women among executive and non-executive directors and different rates of improvement across Member States, but also poses barriers to the internal market by imposing divergent corporate governance requirements on European listed companies.
IMPACT ASSESSMENT: the Commission analysed five policy options:
The outcome of the comparison of the consequences of the different policy options was that (i) binding measures are more effective in meeting the policy objectives than non-binding measures, (ii) measures that target both executive and non-executive board members are more effective than measures only targeting one group and (iii) binding measures will generate more societal and economic benefits than non-binding measures. The proposal is therefore based on Option 4. LEGAL BASIS: Article 157(3) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the purpose of the proposal is to substantially increase the number of women on corporate boards throughout the EU by setting a minimum objective of a 40% presence of the under-represented sex among the non-executive directors of companies listed on stock exchanges and by requiring companies with a lower share of the under-represented sex among the non-executive directors to introduce pre-established, clear, neutrally formulated and unambiguous criteria in selection procedures for those positions in order to attain that objective by 1 January 2020. A shorter deadline for achieving the objective (1 January 2018) is set for listed companies which are public undertakings. The proposal:
BUDGETARY IMPLICATION: the proposal has no implications for the Union budget. New
PURPOSE: ensuring more balanced representation of men and women among non-executive directors of companies listed on stock exchanges. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: company boards in the EU are characterised by persistent gender imbalances, as evidenced by the fact that only 13.7% of corporate seats in the largest listed companies are currently held by women (15% among non-executive directors). Progress in increasing the presence of women on company boards has been very slow, with an average annual increase in the past years of just 0.6 percentage points. The divergence or the absence of regulation at national level does not only lead to the discrepancies in the number of women among executive and non-executive directors and different rates of improvement across Member States, but also poses barriers to the internal market by imposing divergent corporate governance requirements on European listed companies.
IMPACT ASSESSMENT: the Commission analysed five policy options:
The outcome of the comparison of the consequences of the different policy options was that (i) binding measures are more effective in meeting the policy objectives than non-binding measures, (ii) measures that target both executive and non-executive board members are more effective than measures only targeting one group and (iii) binding measures will generate more societal and economic benefits than non-binding measures. The proposal is therefore based on Option 4. LEGAL BASIS: Article 157(3) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the purpose of the proposal is to substantially increase the number of women on corporate boards throughout the EU by setting a minimum objective of a 40% presence of the under-represented sex among the non-executive directors of companies listed on stock exchanges and by requiring companies with a lower share of the under-represented sex among the non-executive directors to introduce pre-established, clear, neutrally formulated and unambiguous criteria in selection procedures for those positions in order to attain that objective by 1 January 2020. A shorter deadline for achieving the objective (1 January 2018) is set for listed companies which are public undertakings. The proposal:
BUDGETARY IMPLICATION: the proposal has no implications for the Union budget. |
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