12 Amendments of Mojca KLEVA KEKUŠ related to 2013/0110(COD)
Amendment 23 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) In order to provide enhanced transparency, the Commission should introduce country- by-country reporting for cross-border companies in all sectors by requiring disclosure of information such as the nature of the company's activities and its impact on the society, its geographical location, turn-over, number of employees on a full-time equivalent basis, as well as gender diversity, especially gender diversity in top management positions, in order to ensure a level playing field amongst European companies and investors.
Amendment 56 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companies should be required to include in their annual report a non-financial statement containing information relating to at least environmental matters, gender equality, social and employee-related matters, respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the risks related to those matters.
Amendment 59 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) In order to increase transparency, the Commission should introduce country- by-country reporting for large undertakings, groups and public interest entities operating cross-border and in all sectors, enhancing the transparency of payments transactions – by requiring disclosure of information such as the nature of the company's activities and its geographical location, turn-over, number of employees on a full-time equivalent basis, profit or loss before tax, tax on profit or loss, and public subsidies received on a country-by-country basis on the trading of a group as a whole – in order to monitor respect for proper transfer pricing rules.
Amendment 81 #
Proposal for a directive
Recital 11
Recital 11
(11) The scope of these non-financial disclosure requirements should be defined by reference to the average number and gender of employees, total assets and turnover. SMEs should be exempted from additional requirements, and the obligation to disclose a non-financial statement in the annual report should only apply to those companies whose average number of employees exceeds 2500, and exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million.
Amendment 84 #
Proposal for a directive
Recital 15
Recital 15
(15) Diversity of competences and views of the members of administrative, management and supervisory bodies of companies, including gender diversity, facilitates a good understanding of the business organisation and affairs. It has been acknowledged that gender diversity, especially in top positions, contributes to corporate governance, quality of decision- making and to the company's performance. Moreover, board diversity represents a benefit for the companies as board composition reflects demographic characteristics of key stakeholder groups such as employee, customer and investor. Furthermore, it enables members of these bodies to exercise a constructive challenge of the management decisions and to be more open to innovative ideas, addressing the similarity of views of members, the ‘group- think’ phenomenon. It contributes thus to effective oversight of the management and a successful governance of the company. It would therefore be important to enhance transparency regarding the diversity policy companies have in place. This would inform the market of corporate governance practices and thus put indirect pressure on companies to have more diversified boards.
Amendment 93 #
Proposal for a directive
Recital 17
Recital 17
(17) Since the objective of this Directive, namely to increase the relevance, consistency, transparency and comparability of information disclosed by companies across the Union, cannot be sufficiently achieved by the Member States, and can therefore by reason of its effect be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve the pursued objective.
Amendment 95 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including non- discrimination, equality between women and men, the freedom to conduct a business, respect for private life and the protection of personal data. This Directive has to be implemented in accordance with these rights and principles.
Amendment 105 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1
Article 46 – paragraph 1 – point b – subparagraph 1
(b) For companies whose average number of employees during the financial year exceeds 2500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including:
Amendment 140 #
Proposal for a directive
Article 1 – point 3 a – point a (new)
Article 1 – point 3 a – point a (new)
Directive 2013/34/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
(3a) Article 18 is amended as follows (a) Paragraph 2 is replaced by the following: 2. Member States shall require large undertakings and groups as defined in Article 3(4) and (7) of Directive 2013/34/EU and public interest entities, to publicly disclose, specifying by Member State and by third country in which it has an establishment, the following information on an annually consolidated basis for the financial year: (a) name(s), nature of activities and geographical location; (b) turnover; (c) number of employees on a full time equivalent basis; (e) profit or loss before tax; (f) tax on profit or loss; (g) public subsidies received. The above information shall be audited in accordance with Directive 2006/43/EC and shall be published, where possible, as an annex to the annual financial statements or, where applicable, to the consolidated financial statement of the undertaking or public interest entity concerned.
Amendment 149 #
Proposal for a directive
Article 1 – point 3 b – point a (new)
Article 1 – point 3 b – point a (new)
Directive 2013/34/EU
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
(3b) Article 20 is amended as follows: (a) The following paragraph 4a is inserted: 4a. To counteract aggressive tax planning practices, Member States shall adopt a general anti-abuse rule (GAAR), as defined in the European Commission Recommendation on Aggressive Tax Planning of 12 December 2012, ignoring all artificial arrangements or artificial series of arrangements which have been put in place for essential purpose of avoiding taxation and are adapted to domestic and cross-border situations confined to the Union and situation involving third countries.
Amendment 159 #
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
For parent undertakings of undertakings to be consolidated that together exceed an average number of 2500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including the following:
Amendment 188 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
Member States shall ensure effective means in order to monitor and enforce full and accurate disclosure of non- financial information by companies in compliance with the provisions of this Directive.