26 Amendments of Helmut SCHOLZ related to 2011/0308(COD)
Amendment 24 #
Proposal for a directive
Recital 32
Recital 32
(32) In order to provide for enhanced transparency of payments made to governments, large and local or regional public authorities, undertakings and public interest entities which are active in the extractive industry or logging of primary forests should disclose in a separate report on an annual basis material payments made to governments and local or regional public authorities in the countries in which they operate. Such undThe report should include certakings are active in countries rich in natural resources, in particular minerals, oil, natural gas as well as primary forests. The report should include types of payments comparable to those disclosed by an undertaking participating contextual information. Disclosure of such a report is valuable for investors in order to enable them to make better-informed decisions, by improving corporate governance and accountability. Such disclosure is also intended to support good governance in the tax area and to address and reduce tax evasion. The report should incorporate disclosures on a country basis, with certain additional reporting requirements on a project basis for undertakings and public-interest entities active in the Eextractive Iindustries Transparency Initiative (EITI)y, in agriculture, in fisheries, in large-scale energy production, in the construction sector or in the logging of primary forests. The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade) and the Timber Regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EU market.
Amendment 27 #
Proposal for a directive
Recital 33
Recital 33
(33) The reports should serve to facilitate governments of resource-rich countries in implementingin implementing accountability and transparency standards equivalent to at least the EITI Principles and Criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction. The report should incorporatand local or regional authorities receive. In the reports by undertakings and public- interest entities which are active in the extractive industry, in agriculture, in fisheries, in large-scale energy production, in the construction sector or in the logging of primary forests, payments to governments shall also be disclosuresed on a country and project basis, where a "project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports, such as a" means an operational unit set up on the basis of one or more licences, concessions, geographical basin, etc and where payments have been attributed to such projectcontracts or other specific legal agreements which give rise to fiscal or parafiscal liabilities. In the light of the overall objective of promoting good governance in these countries, the materiality threshold of payments to be reported should be assessed in relation to the recipient government. Various criteria on materiality could be envisaged such as payments of an absolutelimited to projects for which the total amount, or a percentage threshold (such asf payments in excess of a percentage of a country's GDP) and these can be defined through a delegated acteds EUR 100 000. The reporting regime should be subject to a review and a report by the Commission within fiveour years of the entry into force of theis Directive. The review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness, food security and energy security. The review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details, such as bank account information.
Amendment 32 #
Proposal for a directive
Article 36 – point 1
Article 36 – point 1
1. "Undertaking active in the extractive industry" means an undertaking with any activity involving the prospection, exploration, discovery, development, and extraction of mineralsand transport of minerals, other mining and quarrying, oil and natural gas deposits, as referred to in Section B- Divisions 05 to 089 or Section H-Divisions 49.5 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council.
Amendment 34 #
Proposal for a directive
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
1a. "Undertaking active in agriculture" means an undertaking engaging in any activity involving concessions, land acquisition or lease, as referred to in Section A-Division 01.1-01.7 of Annex I to Regulation (EC) No 1893/2006.
Amendment 35 #
Proposal for a directive
Article 36 – paragraph 1 b (new)
Article 36 – paragraph 1 b (new)
1b. "Undertaking active in fisheries" means an undertaking engaging in any activity involving concessions, as referred to in Section A-Division 03 of Annex I to Regulation (EC) No 1893/2006.
Amendment 36 #
Proposal for a directive
Article 36 – paragraph 1 c (new)
Article 36 – paragraph 1 c (new)
1c. "Undertaking active in large-scale energy production" means an undertaking engaging in any activity involving concessions, land acquisition or lease, or distribution as referred to in Section D-Division 35.1-35.2 of Annex I to Regulation (EC) No 1893/2006.
Amendment 37 #
Proposal for a directive
Article 36 – paragraph 1 d (new)
Article 36 – paragraph 1 d (new)
1d. "Undertaking active in the construction sector" means an undertaking engaging in any activity involving concessions and public procurement contracts, as referred to in Section E-Division 38.1-38.22 or Section F of Annex I to Regulation (EC) No 1893/2006.
Amendment 41 #
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. "Project" is equivalent to a specific operational reporting unit at the lowest level within the undertaking at which regular internal management reports are prepared to monitor its businessunit operating on the basis of one or more licences, concessions, contracts or other specific legal agreements which give rise to fiscal or parafiscal liabilities on the part of an undertaking.
Amendment 45 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annual basis. to prepare and make public a report on payments made to governments and local or regional public authorities and certain contextual information as defined in Article 38 on an annual basis. The report shall include information concerning activities of subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements to the extent that they are consolidated in the annual financial statements of the undertaking or effectively controlled by the undertaking in question.
Amendment 46 #
Proposal for a directive
Article 38 – paragraph 1 – introductory wording
Article 38 – paragraph 1 – introductory wording
1. The report shall specify the following when material to the recipient government:
Amendment 48 #
Proposal for a directive
Article 38 – paragraph 1 – point a
Article 38 – paragraph 1 – point a
(a) the total amount of payments, including payments in kind, made to each government, including local or regional public authorities, within a financial year;
Amendment 50 #
Proposal for a directive
Article 38 – paragraph 1 – point b
Article 38 – paragraph 1 – point b
(b) the total amount per type of payments, including payments in kind, made to each government, including local or regional public authorities, within a financial year;
Amendment 52 #
Proposal for a directive
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) for undertakings active in the extractive industry, in agriculture, in fisheries, in large-scale energy production, in the construction sector or in the logging of primary forests and subject to the materiality threshold of total amount of payments exceeding EUR 100 000, where those payments have been attributed to a specific project, the amount per type of payment, including payments in kind, made for each such project within a financial year, and the total amount of payments for each such project.;
Amendment 53 #
Proposal for a directive
Article 38 – paragraph 1 – point c a (new)
Article 38 – paragraph 1 – point c a (new)
(c a) net turnover broken down by main categories of activity;
Amendment 54 #
Proposal for a directive
Article 38 – paragraph 1 – point c b (new)
Article 38 – paragraph 1 – point c b (new)
(cb) production volumes broken down by main categories of activity;
Amendment 55 #
Proposal for a directive
Article 38 – paragraph 1 – point c c (new)
Article 38 – paragraph 1 – point c c (new)
(cc) labour costs and employee numbers;
Amendment 56 #
Proposal for a directive
Article 38 – paragraph 1 – point c d (new)
Article 38 – paragraph 1 – point c d (new)
(cd) total cash cost of operations;
Amendment 57 #
Proposal for a directive
Article 38 – paragraph 1 – point c e (new)
Article 38 – paragraph 1 – point c e (new)
(ce) fixed production assets at year-end with associated accumulated depreciation;
Amendment 58 #
Proposal for a directive
Article 38 – paragraph 1 – point c f (new)
Article 38 – paragraph 1 – point c f (new)
(cf) net profit before tax with associated cash and deferred tax on an accrual basis;
Amendment 59 #
Proposal for a directive
Article 38 – paragraph 1 – point c g (new)
Article 38 – paragraph 1 – point c g (new)
(cg) net book value of its physical fixed assets located in each country;
Amendment 61 #
Proposal for a directive
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) taxes on profits and the effective tax rate applied;
Amendment 64 #
Proposal for a directive
Article 38 – paragraph 2 – point f a (new)
Article 38 – paragraph 2 – point f a (new)
(fa) payments to state security forces for security services;
Amendment 66 #
Proposal for a directive
Article 38 – paragraph 4
Article 38 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 42 in order to specify the concept of minformation referred to in paragraph 1 shall be disclosed on a country-by-country basis except for that referred to in point (c), which shall be disclosed on a project-by-project basis provided the total amount of payments atetriality of paymentsbuted to a specific project exceeds EUR 100 000.
Amendment 68 #
Proposal for a directive
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 70 #
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. A Member State shall require any large undertaking or any public interest entity active in the extractive industry or the logging of primary forests and governed by its national law to draw up a consolidated report on payments to governments in accordance with Articles 37 and 38 if that parent undertaking is under the obligation to prepare consolidated financial statements as laid down in Article 23(1) to 23(6) of this Directive. That report shall form part of the annual financial statement.
Amendment 72 #
Proposal for a directive
Article 41
Article 41
The Commission shall review and report on the implementation and effectiveness of this Chapter, in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis. The review shouldall also take into account international developments and consider the effects on competitiveness, food security and security of energy supply. It shouldall also review the list of sectors for which project-by-project reporting is required. The review shall be completed at the latest fiveour years after the date of entry into force of this Directive. The report shall be submitted to the European Parliament and the Council, together with a legislative proposal, if appropriate.