Sittings · Document

Draft report (COM(2025)0081 – C100037/2025 – 2025/0045(COD)) 2025-07-04

Proposal for a Directive of the European Parliament and of the Council amending Directives 2006/43/EC, 2013/34/EU, (EU) 2022/2464 and (EU) 2024/1760 as regards certain corporate sustainability reporting and due diligence requirements

Committee on Legal Affairs

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AM_Com_LegReport

Amendment 257

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 1 – paragraph 1 – point -1 a (new)

Directive 2006/43/EC

Article 26a – paragraph 1

Present text

Amendment

(-1a) in Article 26a, paragraph 1 is replaced by the following:

Member States shall require statutory auditors and audit firms to carry out the assurance of sustainability reporting in compliance with the assurance standards adopted by the Commission in accordance with paragraph 3.

‘Member States may require statutory auditors and audit firms to carry out the assurance of sustainability reporting.'

Or. en

Amendment 258

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 1 – paragraph 1 - point - 1 b (new)

Directive 2006/43/EC

Article 26a – paragraph 2

Present text

Amendment

(-1b) in Article 26a, paragraph 2 is replaced by the following:

Member States may apply national assurance standards, procedures or requirements as long as the Commission has not adopted an assurance standard covering the same subject matter.

‘Member States may apply national assurance standards, procedures or requirements.'

Member States shall communicate the national assurance standards, procedures or requirements to the Commission at least three months before their entry into force.

Or. en

Amendment 259

Lara Wolters, René Repasi, Chloé Ridel, Ana Catarina Mendes, Tiemo Wölken, Krzysztof Śmiszek, Kathleen Van Brempt, Eric Sargiacomo, Leire Pajín, José Cepeda, Estelle Ceulemans, Francisco Assis, Brando Benifei, Mohammed Chahim, Victor Negrescu, Evelyn Regner

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission shall be empowered to adopt delegated acts in accordance with Article 48a in order to supplement this Directive in order to provide for limited assurance standards setting out the procedures that the auditor(s) and the audit firm(s) shall perform in order to draw his, her or its conclusions on the assurance of sustainability reporting, including engagement planning, risk consideration and response to risks and type of conclusions to be included in the assurance report on sustainability reporting, or, where relevant, in the audit report.

The Commission shall, no later than 1 October 2026, adopt delegated acts in accordance with Article 48a in order to supplement this Directive in order to provide for limited assurance standards setting out the procedures that the auditor(s) and the audit firm(s) shall perform in order to draw his, her or its conclusions on the assurance of sustainability reporting, including engagement planning, risk consideration and response to risks and type of conclusions to be included in the assurance report on sustainability reporting, or, where relevant, in the audit report.

Or. en

Amendment 260

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 261

Pascal Canfin

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission shall be empowered to adopt delegated acts in accordance with Article 48a in order to supplement this Directive in order to provide for limited assurance standards, by 1 October 2026, setting out the procedures that the auditor(s) and the audit firm(s) shall perform in order to draw his, her or its conclusions on the assurance of sustainability reporting, including engagement planning, risk consideration and response to risks and type of conclusions to be included in the assurance report on sustainability reporting, or, where relevant, in the audit report.

Or. en

Justification

Companies have pointed to the absence of limited assurance standards as a reason for costly and highly burdensome audit process, due to differences in what is being asked to undertakings. Limited assurance standards should therefore be adopted quickly, so to give a relief to auditors and companies on the interpretation of the reporting requirements.

Amendment 262

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subpagraph 1

Text proposed by the Commission

Amendment

The Commission may adopt delegated acts in accordance with Article 48a in order to supplement this Directive in order to provide non-binding instructions setting out the procedures that the auditor(s) and the audit firm(s) may perform in order to draw his, her or its conclusions on the assurance of sustainability reporting, including engagement planning, risk consideration and response to risks and type of conclusions to be included in the assurance report on sustainability reporting, or, where relevant, in the audit report. The instructions shall be prepared in a comprehensive and understandable manner, as well as shall facilitate the attestation process for entrepreneurs by indicating its key aspects and factors of evaluation.

Or. en

Amendment 263

Angelika Niebler, Christian Doleschal, Stefan Köhler, Markus Ferber, Andrea Wechsler, Andreas Schwab, Christine Schneider, Ralf Seekatz, David McAllister, Oliver Schenk, Daniel Caspary, Norbert Lins, Sabine Verheyen, Christian Ehler, Isabelle Le Callennec, Laurent Castillo, François-Xavier Bellamy, Christophe Gomart, Lukas Mandl, Céline Imart, Verena Mertens, Angelika Winzig

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 264

Emil Radev

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission shall no later than 31 July 2026 adopt delegated acts in accordance with Article 48a in order to supplement this Directive in order to provide for limited assurance standards setting out the procedures that the auditor(s) and the audit firm(s) shall perform in order to draw his, her or its conclusions on the assurance of sustainability reporting, including engagement planning, risk consideration and response to risks and type of conclusions to be included in the assurance report on sustainability reporting, or, where relevant, in the audit report.

Or. en

Amendment 265

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subparagraphs 1 a and 1 b (new)

Text proposed by the Commission

Amendment

The Commission shall be empowered to adopt delegated acts in accordance with Article 48a in order to supplement this Directive in order to provide for reasonable assurance standards for sustainability reporting, following an assessment to determine whether reasonable assurance would be feasible and appropriate for auditors and undertakings. Any such reasonable assurance standards shall not be mandatory for undertakings which do not exceed the average number of 500 employees during the financial year.

Those delegated acts shall specify the date from which the opinion referred to in point (aa) of the second subparagraph of Article 34 (1) is to be based on a reasonable assurance engagement that is based on those reasonable assurance standards.

Or. en

Amendment 266

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 –subparagraph 1a (new)

Text proposed by the Commission

Amendment

The Commission shall, no later than 1 October 2027, adopt delegated acts in accordance with Article 48a in order to supplement this Directive in order to provide for reasonable assurance standards, following an assessment to determine if reasonable assurance is feasible for auditors and for undertakings. Taking into account the results of that assessment and if therefore appropriate, those delegated acts shall specify the date from which the opinion referred to in point (aa) of the second subparagraph of Article 34(1) is to be based on a reasonable assurance engagement that is based on those reasonable assurance standards.

Or. en

Amendment 267

Pascal Canfin

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subparagraph 1a (new)

Text proposed by the Commission

Amendment

The Commission shall, at the earliest on 1 October 2030, adopt delegated acts in accordance with article 48a to provide for reasonable assurance standards. Those delegated acts shall specify the date from which the assurance opinion referred to in Article 34(1) second subparagraph, point (aa), of Directive 2013/34/EU is to be based on a reasonable assurance engagement that is based on those reasonable assurance standards.

Or. en

Justification

While we should in the short-term relax the auditing procedure, in the long run we should not create discrepancies between financial and non-financial audit, which is why we advocate for reasonable assurance standards to be adopted after the 1 October 2030. The adoption date of these standards should be decided then, taking the lessons of the first years of reporting.

Amendment 268

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission may adopt the assurance standards referred to in the first subparagraph only where those standards:

The Commission may adopt the assurance standards referred to in the first and second subparagraphs after having obtained an opinion from EFRAG and only if they:

Or. en

Amendment 269

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission may adopt the assurance standards referred to in the first subparagraph only where those standards:

The Commission may adopt the assurance standards referred to in the first and second subparagraphs only where those standards:

Or. en

Amendment 270

Pascal Canfin

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission may adopt the assurance standards referred to in the first subparagraph only where those standards:

The Commission may adopt the assurance standards referred to in the first and second subparagraphs only where those standards:

Or. en

Amendment 271

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission may adopt the assurance standards referred to in the first subparagraph only where those standards:

The Commission may adopt the assurance instructions referred to in the first subparagraph only where those instructions :

Or. en

Amendment 272

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Raffaele Stancanelli

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subparagraph 2 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 273

Mario Mantovani

Proposal for a directive

Article 1 – paragraph 1 - point 1

Directive 2006/43/EC

Article 26a – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) are conducive to the European public good. Furthermore, auditing standards must ensure that the role of auditors is limited to verification, with companies retaining responsibility for the interpretation of sustainability data.’;

Or. it

Justification

This amendment underscores the importance of maintaining the role of auditors as independent and objective verifiers, thus strengthening the credibility and reliability of sustainability reporting while preserving the autonomy of the company when it comes to interpreting and reporting its sustainability performance.

Amendment 274

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2006/43/EC

Article 26a – paragraph 3 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

The Commission shall accompany the delegated acts referred to in the first and second subparagraphs with guidance on their implementation directed at auditor(s) and audit firms(s) as well as guidance directed at undertakings falling under the reporting obligations.

Or. en

Amendment 275

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 1 – paragraph 1 a (new)

Directive 2006/43/EC

Article 27a

Text proposed by the Commission

Amendment

(1 a) Article 27a is deleted.

Or. en

Amendment 276

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 1 – paragraph 1 b (new)

Directive 2006/43/EC

Article 28a

Text proposed by the Commission

Amendment

(1 b) Article 28a is deleted.

Or. en

Amendment 277

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 1 – paragraph 1 – point 1 c (new)

Directive 2006/43/EC

Article 36a

Text proposed by the Commission

Amendment

(1b) Article 36a is deleted.

Or. en

Amendment 278

Arash Saeidi, Mario Furore

on behalf of The Left Group

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point a

Directive 2013/34/EU

Article 1 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

(a) in paragraph 3, the introductory wording is replaced by the following:

deleted

‘The coordination measures prescribed by Articles 19a, 19b, 29a, 29aa, 29d, 30 and 33, Article 34(1), second subparagraph, point (aa), Article 34(2) and (3), and Article 51 of this Directive shall also apply to the laws, regulations and administrative provisions of the Member States relating to the following undertakings regardless of their legal form, provided that those undertakings are large undertakings which, on their balance sheet dates, exceed the average number of 1000 employees during the financial year:’;

Or. fr

Justification

Selon la Banque centrale européenne (BCE), la réduction de périmètre proposée diminuerait la disponibilité globale des informations liées à la durabilité, y compris les données sur les émissions de gaz à effet de serre générées par les entreprises. Par exemple, le champ d’application actuel de la CSRD ne couvrirait qu’environ 37 % des émissions de CO₂ produites par les entreprises au sein de l’Union. La réduction de ce périmètre entraînerait une baisse significative de ce pourcentage et pourrait même aboutir à ce que certains émetteurs majeurs – y compris des entreprises du secteur des énergies fossiles – échappent à l’obligation de reporting. Le manque de données qui en résulterait pourrait masquer les risques financiers liés au climat. Plus généralement, cela risquerait d’affaiblir le rôle joué par les informations de durabilité dans la mise en œuvre des priorités de l’Union, y compris celles définies dans la Boussole de la compétitivité.

Amendment 279

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point a

Directive 2013/34/EU

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

(a) in paragraph 3, the introductory wording is replaced by the following:

(a) paragraph 3 is deleted;

Or. en

Amendment 280

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point a

Directive 2013/34/EU

Article 1 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

The coordination measures prescribed by Articles 19a, 19b, 29a, 29aa, 29d, 30 and 33, Article 34(1), second subparagraph, point (aa), Article 34(2) and (3), and Article 51 of this Directive shall also apply to the laws, regulations and administrative provisions of the Member States relating to the following undertakings regardless of their legal form, provided that those undertakings are large undertakings, small and medium-sized undertakings, except micro undertakings, which are public-interest entities as defined in Article 2 (1) (a), or small and medium-sized undertakings, except micro undertakings, which are operating in one of the sectors listed in Sections A to H, K and L of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council: ;

Or. en

Amendment 281

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point a

Directive 2013/34/EU

Article 1 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

The coordination measures prescribed by Articles 19a, 19b, 29a, 29aa, 29d, 30 and 33, Article 34(1), second subparagraph, point (aa), Article 34(2) and (3), and Article 51 of this Directive shall also apply to the laws, regulations and administrative provisions of the Member States relating to the following undertakings regardless of their legal form, provided that those undertakings are undertakings which, on their balance sheet dates, exceed the average number of 10 000 employees and either a net turnover above EUR 2 billion or a balance sheet total above EUR 500 million during the financial year:;

Or. en

Amendment 282

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point a

Directive 2013/34/EU

Article 1 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

The coordination measures prescribed by Articles 19a, 29a, 29d, 30 and 33, Article 34(1), second subparagraph, point (aa), Article 34(2) and (3), and Article 51 of this Directive shall also apply to the laws, regulations and administrative provisions of the Member States relating to the following undertakings regardless of their legal form, provided that those undertakings are large undertakings :;

Or. en

Amendment 283

Maravillas Abadía Jover, Adrián Vázquez Lázara

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point a

Directive 2013/34/EU

Article 1 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

The coordination measures prescribed by Articles 19a, 19b, 29a, 29aa, 29d, 30 and 33, Article 34(1), second subparagraph, point (aa), Article 34(2) and (3), and Article 51 of this Directive shall also apply to the laws, regulations and administrative provisions of the Member States relating to the following undertakings regardless of their legal form, provided that those undertakings are large undertakings which, on their balance sheet dates, exceed the average number of 3000 employees and a net worldwide turnover of more than EUR 450 000 000 during the financial year:;

Or. en

Amendment 284

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point a

Directive 2013/34/UE

Article 1 – paragraph 3 – subparagraph – point 1 – introductory part

Text proposed by the Commission

Amendment

(This amendment applies throughout the text and recitals.)

Or. it

Justification

It seems appropriate to restrict the costs and bureaucratic burden of sustainability reporting to those of large companies whose size, activity and turnover is such that justifies reporting activities and the production of more detailed information. Vice-versa, there is a need to ensure the competitiveness of SMEs and companies operating below the thresholds indicated, by avoiding excessive red tape and administrative costs.

Amendment 285

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point a

Directive 2013/34/EU

Article 1 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

‘The coordination measures prescribed by Articles 19a, 19b, 29a, 29aa, 29d, 30 and 33, Article 34(1), second subparagraph, point (aa), Article 34(2) and (3), and Article 51 of this Directive shall also apply to the laws, regulations and administrative provisions of the Member States relating to the following undertakings regardless of their legal form, provided that those undertakings exceed, on their balance sheet dates, the average number of 5000 employees and a net turnover of EUR 1.5 billion during the financial year:’;

Or. en

Justification

Increasing the scope to 5000 employees and a net turnover of EUR 450 000 000 reduces the administrative burden on smaller companies and enhances proportionality, while preserving the informational value.

Amendment 286

Emil Radev

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point a

Directive 2013/34/EU

Article 1 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Or. en

Amendment 287

Pascale Piera, Julie Rechagneux, Ton Diepeveen

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point a

Directive 2013/34/EU

Article 1 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Or. en

Amendment 288

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point a

Directive 2013/34/EU

Article 1 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Or. en

Justification

As mentioned we create a three-tier approach to the CSRD, with a medium-large undertakings category for large undertakings with 500 to 1000 employees. This amendment reflects this change.

Amendment 289

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point b a (new)

Directive 2013/34/EU

Article 1 – paragraph 3 – subparagraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) the following sub-paragraph (ba) is inserted:

‘(ba) institutions subject to direct supervision by the European Central Bank pursuant to Article 6(4) of Council Regulation (EU) No 1024/2013.’

Or. en

Amendment 290

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point b

Directive 2013/34/EU

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

(b) paragraph 4 is replaced by the following:

deleted

4. ‘The coordination measures prescribed by Articles 19a, 29a and 29d shall not apply to the European Financial Stability Facility (EFSF) established by the EFSF Framework Agreement nor to financial products listed in Article 2, point (12), (b) and (f) of Regulation (EU) 2019/2088 of the European Parliament and of the Council*.’

__________________________________

* Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability-related disclosures in the financial services sector (OJ L 317, 9.12.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/2088/oj).;

Or. en

Amendment 291

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point b

Directive 2013/34/EU

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

(b) paragraph 4 is replaced by the following:

deleted

_____________________________________________

Or. en

Amendment 292

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point b – introductory part

Directive 2013/34/EU

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

(b) paragraph 4 is replaced by the following:

(b) paragraph 4 is deleted;

Or. en

Amendment 293

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 1 a (new)

Directive 2013/34/EU

Article 19 – paragraph 1 – subparagraph 4

Text proposed by the Commission

Amendment

(1 a) Article 19, paragraph 1, subparagraph 4 is amended as follows:

Large undertakings, and small and medium-sized undertakings, except micro undertakings, which are public-interest entities as defined in point (a) of point (1) of Article 2 shall report information on the key intangible resources and explain how the business model of the undertaking fundamentally depends on such resources and how such resources are a source of value creation for the undertaking.

‘Undertakings which, on their balance sheet dates, exceed the average number of 10 000 employees and a net turnover above EUR 2 billion or a balance sheet total above EUR 500 million, shall report information on the key intangible resources and explain how the business model of the undertaking fundamentally depends on such resources and how such resources are a source of value creation for the undertaking.’

Or. en

Amendment 294

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 2

Directive 2013/34/EU

Article 19a

Text proposed by the Commission

Amendment

(2) Article 19a is amended as follows:

(2) Article 19a is deleted;

Or. en

Amendment 295

Arash Saeidi, Mario Furore

on behalf of The Left Group

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2013/34/EU

Article 19a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

(a) in paragraph 1, the first subparagraph is replaced by the following:

deleted

Large undertakings which, on their balance sheet dates, exceed the average number of 1000 employees during the financial year shall include in their management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position.;

Or. fr

Justification

We are against the reduction in scope.

Amendment 296

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2013/34/EU

Article 19a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Large undertakings and small and medium-sized undertakings, except micro undertakings, which are public-interest entities as defined in Article 2 (1) (a) or which are listed in Sections A to H, K and L of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council, shall include in the management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position. Other small and medium-sized undertakings may choose to use sustainability requirements for SMEs on a voluntary basis.

Or. en

Amendment 297

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2013/34/EU

Article 19a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Undertakings which, on their balance sheet dates, exceed the average number of 10 000 employees and a net turnover above EUR 2 billion or a balance sheet total above EUR 500 million during the financial year shall include in their management report general information useful to understand the undertaking’s impacts on sustainability matters, and information useful to understand how sustainability matters affect the undertaking’s development, performance and position.;

Or. en

Amendment 298

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2013/34/UE

Article 19a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Large undertakings which, on their balance sheet dates, exceed the average number of 1000 employees during the financial year shall include in their management report information necessary to understand how sustainability matters affect the undertaking’s development, performance and position.;

Or. it

Justification

The principle of ‘double materiality’ is one of the main obstacles to interoperability with the ISSB, which only deals with financial materiality. Moreover, it is difficult to distinguish between double materiality and straightforward financial materiality, and EFRAG itself, which has been repeatedly been solicited by stakeholders on this matter, has never been able to produce any concrete examples of issues relevant to material impact but not to financial materiality. The principle of double materiality constitutes an excessive burden for SMEs.

Amendment 299

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2013/34/EU

Article 19a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Large undertakings shall include in their management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position.;

Or. en

Amendment 300

Adrián Vázquez Lázara, Maravillas Abadía Jover

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2013/34/EU

Article 19a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Large undertakings which, on their balance sheet dates, exceed the average number of 3000 employees and a net worldwide turnover of more than EUR 450 000 000 during the financial year shall include in their management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position.;

Or. en

Amendment 301

Emil Radev

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2013/34/EU

Article 19a – paragraph 1 – subparagraph1

Text proposed by the Commission

Amendment

Large undertakings which, on their balance sheet dates, exceed the average number of 5000 employees and a net turnover of EUR 700 000 000 during the financial year may include in their management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position.;

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Or. en

Amendment 302

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2013/34/EU

Article 1 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

‘Undertakings which, on their balance sheet dates, exceed the average number of 5000 employees and a net turnover of EUR 1.5 billion during the financial year shall include in their management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position.’;

Or. en

Amendment 303

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2013/34/EU

Article 19a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Large undertakings which, on their balance sheet dates, exceed the average number of 10000 employees during the financial year shall include in their management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position.

Or. en

Amendment 304

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2013/34/EU

Article 19a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Large undertakings which, on their balance sheet dates, exceed the average number of 500 employees during the financial year shall include in their management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position.;

Or. en

Amendment 305

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a a (new)

Present text

Amendment

(a a) paragraph 2 is replaced by the following:

The information referred to in paragraph 1 shall contain:

‘The information referred to in paragraph 1 shall contain:

(a) a brief description of the undertaking’s business model and strategy, including:

(a) a brief and general description of the undertaking’s business model and strategy;

(i) the resilience of the undertaking’s business model and strategy in relation to risks related to sustainability matters;

(ii) the opportunities for the undertaking related to sustainability matters;

(iii) the plans of the undertaking, including implementing actions and related financial and investment plans, to ensure that its business model and strategy are compatible with the transition to a sustainable economy and with the limiting of global warming to 1,5 °C in line with the Paris Agreement under the United Nations Framework Convention on Climate Change adopted on 12 December 2015 (the ‘Paris Agreement’) and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 of the European Parliament and of the Council, and, where relevant, the exposure of the undertaking to coal-, oil- and gas-related activities;

(iv) how the undertaking’s business model and strategy take account of the interests of the undertaking’s stakeholders and of the impacts of the undertaking on sustainability matters;

(v) how the undertaking’s strategy has been implemented with regard to sustainability matters;

(b) a description of the time-bound targets related to sustainability matters set by the undertaking, including, where appropriate, absolute greenhouse gas emission reduction targets at least for 2030 and 2050, a description of the progress the undertaking has made towards achieving those targets, and a statement of whether the undertaking’s targets related to environmental factors are based on conclusive scientific evidence;

(b) a general description of the targets related to sustainability matters;

(c) a description of the role of the administrative, management and supervisory bodies with regard to sustainability matters, and of their expertise and skills in relation to fulfilling that role or the access such bodies have to such expertise and skills;

(d) a description of the undertaking’s policies in relation to sustainability matters;

(e) information about the existence of incentive schemes linked to sustainability matters which are offered to members of the administrative, management and supervisory bodies;

(f) a description of:

(i) the due diligence process implemented by the undertaking with regard to sustainability matters, and, where applicable, in line with Union requirements on undertakings to conduct a due diligence process;

(c) a brief and general description of the due diligence process and actions implemented by the undertaking with regard to sustainability matters;

(ii) the principal actual or potential adverse impacts connected with the undertaking’s own operations and with its value chain, including its products and services, its business relationships and its supply chain, actions taken to identify and monitor those impacts, and other adverse impacts which the undertaking is required to identify pursuant to other Union requirements on undertakings to conduct a due diligence process;

(iii) any actions taken by the undertaking to prevent, mitigate, remediate or bring an end to actual or potential adverse impacts, and the result of such actions;

(g) a description of the principal risks to the undertaking related to sustainability matters, including a description of the undertaking’s principal dependencies on those matters, and how the undertaking manages those risks;

(d) a description of the principal risks to the undertaking related to sustainability matters.

(h) indicators relevant to the disclosures referred to in points (a) to (g).

Undertakings shall report the process carried out to identify the information that they have included in the management report in accordance with paragraph 1 of this Article. The information listed in the first subparagraph of this paragraph shall include information related to short-, medium- and long-term time horizons, as applicable

Undertakings should report the process carried out to identify the information that they have included in the management report in accordance with paragraph 1 of this Article. The abovementioned elements may be of an indicative content and are primarily intended to support undertakings in assessing their activities and development prospects.'

Or. en

Amendment 306

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a a (new)

Directive 2013/34/EU

Article 19a – paragraph 2 – subparagraph 1 – point a – point iii

Present text

Amendment

(aa) in paragraph 2, subparagraph 1, point a, point iii is amended as follows:

(iii) the plans of the undertaking, including, as a minimum, comprehensive implementing actions and related financial and investment plans, to ensure that its business model and strategy are fully compatible with the transition to a sustainable economy and with the limiting of global warming to 1,5 °C in line with the Paris Agreement under the United Nations Framework Convention on Climate Change adopted on 12 December 2015 (the ‘Paris Agreement’) and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 of the European Parliament and of the Council, and, where relevant, the exposure of the undertaking to coal-, oil- and gas-related activities;

Or. en

Amendment 307

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a a (new)

Directive 2013/34/EU

Article 19a – paragraph 2 - subparagraph 1 – point a – point iii

Present text

Amendment

(aa) in paragraph 2, subparagraph 1, point (a), point (iii) is replaced by the following:

the plans of the undertaking, including implementing actions and related financial and investment plans, to ensure that its business model and strategy are compatible with the transition to a sustainable economy and with the limiting of global warming to 1,5 °C in line with the Paris Agreement under the United Nations Framework Convention on Climate Change adopted on 12 December 2015 (the ‘Paris Agreement’) and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 of the European Parliament and of the Council, and, where relevant, the exposure of the undertaking to coal-, oil- and gas-related activities;

‘the plans of the undertaking, including implementing actions and related financial and investment plans, to ensure that its business model and strategy are compatible with the transition to a sustainable economy and with the limiting of global warming in line with the Paris Agreement under the United Nations Framework Convention on Climate Change adopted on 12 December 2015 (the ‘Paris Agreement’) and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 of the European Parliament and of the Council, and, where relevant, the exposure of the undertaking to coal-, oil- and gas-related activities;’

Or. en

Justification

We delete the 1.5 reference to stick to the Paris Agreement, which provides for holding the temperature increase well below 2 degrees and pursuing effort to limit the temperature increase to 1.5 thus making sure the transition plans are better aligned with the obligations stemming from the Agreement

Amendment 308

Henrik Dahl

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a a (new)

Directive 2013/34/EU

Article 19a – paragaph 2 a (new)

Text proposed by the Commission

Amendment

(a a) the following paragraph 2a is inserted:

Undertakings that are a financial holding undertaking as defined in Article 2(15), shall be exempted from carrying out the obligations under this Directive;

Or. en

Justification

The CSRD and ESRS fail to reflect the specific nature of financial holding companies (Art. 2(15)), which do not exercise operational control over investees. Requiring consolidated sustainability reporting from such entities imposes undue burdens and results in disclosures that lack relevance and usefulness. To avoid misleading reporting and unnecessary costs, purely financial holding companies should be excluded from CSRD scope.

Amendment 309

Arash Saeidi, Mario Furore

on behalf of The Left Group

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point i

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

(i) the first subparagraph is replaced by the following:

deleted

Where applicable, the information referred to in paragraphs 1 and 2 shall contain information about the undertaking’s own operations and about its value chain, including its products and services, its business relationships and its supply chain. Member States shall ensure that, for the reporting of sustainability information as required by this Directive, undertakings do not seek to obtain from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 1000 employees during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned. Undertakings that report the necessary value chain information without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 1000 employees during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned, shall be deemed to have complied with the obligation to report value chain information set out in this paragraph.’;

Or. fr

Justification

Ce paragraphe interdit effectivement aux entreprises de chercher à obtenir des informations auprès d’entreprises à moyenne capitalisation qui ne sont pas couvertes par la norme volontaire pour les PME. Il s’agit d’une modification majeure par rapport à la limite actuelle de la chaîne de valeur dans la CSRD, qui n’exige pas des entreprises qu’elles collectent des informations supplémentaires, mais ne leur interdit pas non plus de le faire. La formulation des informations communément partagées entre les entreprises diffère de celle utilisée dans la formulation de la norme pour les PME volontaires et pourrait exclure l’échange d’informations sur les meilleures pratiques sectorielles (qui peuvent ne pas être très répandues).

Amendment 310

Lukas Mandl

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point i

Directive 2013/34/EU

Article 19 b – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

When establishing contractual and other arrangements for the reporting of sustainability information as required by this Directive, an undertaking shall not require undertakings in its value chain which, on their balance sheet dates, do not exceed the average number of 1000 employees during the financial year, to provide information exceeding the information specified in the standards for voluntary use referred to in Article 29ca; or Any contractual provision contrary to the second subparagraph shall not be binding. This shall not affect the binding nature of the remainder of the contract. Where an undertaking requests information:

(i) for the purposes of sustainability information as required by this Directive, from undertakings in its value chain; and (ii) some or all of that information falls outside of the information specified in the standards for voluntary use referred to in Article 29ca,

Or. en

Amendment 311

Pascale Piera, Julie Rechagneux, Ton Diepeveen

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point i

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 312

Adrián Vázquez Lázara, Maravillas Abadía Jover

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point i

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Where applicable, the information referred to in paragraphs 1 and 2 shall contain information about the undertaking’s own operations and applicable only to direct business counterparts about its value chain, including its products and services, its business relationships and its supply chain. Member States shall ensure that, for the reporting of sustainability information as required by this Directive, undertakings do not seek to obtain, or are legally required to estimate, sustainability information from their direct business partners in their value chain which, on their balance sheet dates, do not exceed the average number of 3000 employees and a net worldwide turnover of more than EUR 450 000 000during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca , except for additional sustainability information that is commonly shared between undertakings in the sector concerned concerned, provided that such information is based on recognized and reputable calculation methodologies or frameworks. Undertakings that report the necessary value chain information about its direct business counterpart without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 3000 employees and a net worldwide turnover of more than EUR 450 000 000 during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca , except for additional sustainability information that is commonly shared between undertakings in the sector concerned concerned, provided that such information is based on recognized and reputable calculation methodologies or frameworks, shall be deemed to have complied with the obligation to report value chain information about direct business counterparts set out in this paragraph.

Or. en

Justification

Limiting reporting obligations to direct business partners ensures reliability, accuracy, and verifiability, preventing reliance on unverifiable estimates beyond the company’s control. This preserves the integrity of reports approved by boards. Similarly, sustainability disclosures based on sectoral averages or unstandardized methodologies risk misrepresenting company-specific impacts, undermining consistency, accuracy, and the ESRS principles.

Amendment 313

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point i

Directive 2013/34/EU

Article 19a – paragraph 3 –subparagraph 1

Text proposed by the Commission

Amendment

Where applicable, the information referred to in paragraphs 1 and 2 shall contain material information about the undertaking’s own operations and about its value chain, including its products and services, its business relationships and its supply chain. Member States shall ensure that, for the reporting of sustainability information concerning the undertaking’s value chain, undertakings adopt a risk-based approach that focusses efforts to obtain on high-risk impacts in the undertaking’s value chain, and sustainability issues that are common in the undertaking’s sector. Member States shall also ensure that for reporting of sustainability information as required by this Directive, undertakings do not seek to obtain from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 250 employees during the financial year any information that exceeds the information specified in the standards developed for their respective mandatory or voluntary use as referred to in Article 29c, except for additional sustainability information that is commonly shared between undertakings in the sector concerned. Undertakings that report the necessary value chain information without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 250 employees during the financial year any information that exceeds the information specified in the standards for mandatory and voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned, shall be deemed to have complied with the obligation to report value chain information set out in this paragraph. In such cases, an undertaking shall still be required to seek to obtain additional relevant information from other supportable sources.;

Or. en

Amendment 314

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point i

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 315

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point i

Directive 2013/34/UE

Article 19a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Where applicable, the information referred to in paragraphs 1 and 2 shall contain information about the undertaking’s own operations and about its value chain, including its products and services, its business relationships and its supply chain. Member States shall ensure that, for the reporting of sustainability information as required by this Directive, undertakings do not seek to obtain from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 1000 employees during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca. Undertakings that report the necessary value chain information without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 3000 employees during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, shall be deemed to have complied with the obligation to report value chain information set out in this paragraph.;

Or. it

Justification

The text opens up the possibility of requiring that additional information be provided to that under the VSME standard. It is necessary to anchor to the VSME standard the level of information that companies falling within the scope of the directive may require from micro and SMEs. This is a fundamental guarantee of smaller operators not being subjected to any disproportionate bureaucratic burden. The derogation should therefore be deleted.

Amendment 316

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point i

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Where applicable, the information referred to in paragraphs 1 and 2 shall contain information about the undertaking’s own operations and about its value chain, including its products and services, its business relationships and its supply chain. Member States shall ensure that, for the reporting of sustainability information as required by this Directive, undertakings do not seek to obtain from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 10 000 employees and a net turnover above EUR 2 billion or a balance sheet total above EUR 500 million during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned. Undertakings that report the necessary value chain information without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 10 000 employees and a net turnover above EUR 2 billion or a balance sheet total above EUR 500 million during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned, shall be deemed to have complied with the obligation to report value chain information set out in this paragraph.;

Or. en

Amendment 317

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point i

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Where applicable, the information referred to in paragraphs 1 and 2 shall contain information about the undertaking’s own operations and about its value chain, including its products and services, its business relationships and its supply chain. Member States shall ensure that, for the reporting of sustainability information as required by this Directive, undertakings that have up to 500 employees on average during the financial year and that are not required to report on their sustainability may not disclose any information that goes beyond the information specified in the standards for voluntary use referred to in Article 29ca for the purpose of a reporting undertaking’s reporting sustainability information at individual or at consolidated level, as required by Directive 2013/34EU, except for additional sustainability information that is commonly shared between undertakings in the sector concerned. Undertakings that report the necessary value chain information without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 500 employees during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned, shall be deemed to have complied with the obligation to report value chain information set out in this paragraph.;

Or. en

Justification

We reverse the approach for the value chain cap, so that the companies under 500 employees will be able to only disclose what is in the standards for voluntary use. Therefore, large companies will not have to check the exact number of employees of companies in their value chains.

Amendment 318

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point i

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Where applicable, the information referred to in paragraphs 1 and 2 shall contain information about the undertaking’s own operations and about its chain of activities, including its products and services, its business relationships and its supply chain. Member States shall ensure that, for the reporting of sustainability information as required by this Directive, undertakings do not seek to obtain from undertakings in their chain of activities which, on their balance sheet dates, do not exceed the average number of 5000 employees and a net turnover of EUR 1.5 billion during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca. Undertakings that report the necessary information about their chain of activities without reporting from undertakings in their chain of activities which, on their balance sheet dates, do not exceed the average number of 5000 employees and a net turnover of EUR 1.5 billion during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, shall be deemed to have complied with the obligation to report information about their chain of activities set out in this paragraph;

Or. en

Justification

The wording „commonly shared” is too vague and leads to legal uncertainty. Therefore, the wording should be deleted.

Amendment 319

Angelika Winzig, Lukas Mandl

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point i

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

At the request of the competent authority, the information referred to in paragraphs 1 and 2 shall contain information about the undertaking’s own operations and about its value chain. Member States shall ensure that, for the reporting of sustainability information as required by this Directive, undertakings do not seek to obtain from undertakings in their chain of activities which, on their balance sheet dates, do not exceed the average number of 3000 employees during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned. Undertakings that report the necessary value chain information without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 5000 employees and an annual turnover of EUR 1.5 billion during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned, shall be deemed to have complied with the obligation to report value chain information set out in this paragraph.

Or. de

Justification

The amendment enhances legal certainty and safeguards smaller firms in the value chain against excessive reporting obligations. Raising the threshold to 3000 employees and introducing a restriction so as to act only on requests from competent authorities will lessen administrative burdens and enhance proportionality without compromising information value for supervisory purposes.

Amendment 320

Lukas Mandl

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point i a (new)

Directive 2013/34/EU

Article 19 b – paragraph 3 – subparagraph 1a – 1c (new)

Text proposed by the Commission

Amendment

(i a) the following subparagraphs are added:

Any undertaking in the value chain which, on its balance sheet date, does not exceed the average number of 1000 employees during the financial year, shall have a right to decline to provide information exceeding the information specified in the standards for voluntary use referred to in Article 29ca in response to a request made for the purposes of reporting of sustainability as required by this Directive.

Nothing in the second, third, fourth or fifth subparagraphs:

(i) affects information requests for purposes other than for the reporting of sustainability information as required by this Directive, including Union requirements on undertakings to conduct a due diligence process; or

(ii) imposes or implies any obligation on undertakings in the value-chain to provide information falling within the standards for voluntary use referred to in Article 29ca.

Undertakings that report the necessary value chain information without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 1000 employees during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca shall be deemed to have complied with the obligation to report value chain information set out in the first subparagraph. The information on the undertaking's value chain shall not include information from micro-enterprises in the value chain, regardless of whether they are direct or indirect business partners. Micro-enterprises also do not have to provide information about their downstream business partners. Therefore Member States shall ensure that companies do not seek to require information from micro-enterprises in their value chain for the purposes of reporting on sustainability information;

Or. en

Amendment 321

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point i a (new)

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

(i a) The following subparagraph is added:

‘Member States shall allow information required by this Directive to be omitted in exceptional cases where an undertaking in a non-EU third-country could be sanctioned due to third-country legislation simply by transmitting sustainability data. In this situation, the reporting undertaking shall replace the information not provided by the undertaking of a non-EU third country by a default value, which shall represent an estimation of the average value for an indicator for a specific country and sector. When such default values are not available, Member States shall allow information not to be disclosed if there are a danger of sanctions due to third-country legislation.’

Or. en

Justification

In light of recent attempts of foreign legislation to block the sharing of data from non-EU countries to Union companies, we believe there should be a way for companies to replace these data to default values, which are estimation of the average of an indicator for a given country and sector. When these default values are not available, companies should not be responsible for third country laws. This amendment therefore allows them to not disclose these information, if they could face sanctions sanctions.

Amendment 322

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point ii

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 4 a (new)

Text proposed by the Commission

Amendment

(ii) the following subparagraph is added:

deleted

‘The first subparagraph is without prejudice to Union requirements on undertakings to conduct a due diligence process. ’;

Or. en

Amendment 323

Pascale Piera, Julie Rechagneux, Ton Diepeveen

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point ii

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 4 a (new)

Text proposed by the Commission

Amendment

(ii) the following subparagraph is added:

deleted

‘The first subparagraph is without prejudice to Union requirements on undertakings to conduct a due diligence process.; ’

Or. en

Amendment 324

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point ii

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 4 a (new)

Text proposed by the Commission

Amendment

The first subparagraph is without prejudice to Union requirements on undertakings to conduct a due diligence process.;

The first subparagraph is without prejudice to Union requirements on undertakings to conduct a due diligence process, the freedom of contract between undertakings, and information needed for the effective assessment and management of sustainability risks and impacts, including requirements under Pillar 3 of CRR (Regulation 2013/575) and Pillar 2 in CRD (Directive 2013/36/EU). ;

Or. en

Amendment 325

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point ii

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 4 a (new)

Text proposed by the Commission

Amendment

The first subparagraph is without prejudice to Union requirements on undertakings to conduct a due diligence process.;

‘The first subparagraph is without prejudice to information requests for purposes other than for the reporting of sustainability information as required by this Directive, including Union requirements on undertakings to conduct a due diligence process and agreements between undertakings on contractual basis regarding sustainability information.’

Or. en

Justification

The value chain cap should not refrain companies to share data due to contractual agreements between them.

Amendment 326

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point ii

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 4 a (new)

Text proposed by the Commission

Amendment

The first subparagraph is without prejudice to Union requirements on undertakings to conduct a due diligence process.;

The first subparagraph is without prejudice to Union and national requirements on undertakings to conduct a due diligence process.;

Or. en

Amendment 327

Axel Voss, Radan Kanev

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b a (new)

Directive 2013/34/EU

Article 19a – paragraph 4

Text proposed by the Commission

Amendment

(ba) in paragraph 4 the following sentence is added:

By derogation of paragraph 2 - point a) - iii) and b), in case undertakings within scope have developed an EU transition plan on GHG emissions according to other EU legislation's requirements to develop a transition for climate mitigation, including but not limited to the requirements referred to, the Emissions Trading Scheme (Directive 2003/87/EC), the Industrial Emissions Directive (Directive 2010/75/EU), and the Sustainable Finance Disclosure Regulation (Regulation 2019/2088), they shall be deemed to have complied with the obligation to report under paragraph 2 - point a) - iii) and point b) of this article. In such cases, companies shall include a clear reference to the relevant transition plan in the management report prepared in accordance with this Directive. In case the undertaking in scope does not have a transition plan in place, it shall indicate whether it will adopt a transition plan.

Or. en

Justification

Companies should not be obliged to develop a climate transition plan if they don't have one. The CSRD requirements should not overlap or be more demanding than other sectoral requirements to develop similar transition plans.

Amendment 328

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b a (new)

Directive 2013/34/EU

Article 19a – paragraph 3 – subparagraph 4 a (new)

Text proposed by the Commission

Amendment

(ba) the following paragraph 4a is added:

‘The reporting obligations set out in this Article are without prejudice to Directive (EU) 2016/943 of the European Parliament and of the Council*. Therefore, undertakings shall not be required to disclose information on intellectual capital, intellectual property or know how, business information or technological information which constitutes trade secrets as defined in Article 2, point (1), of Directive (EU) 2016/943.’;

* Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1, ELI: http://data.europa.eu/eli/dir/2016/943/oj)"

Or. en

(Directive 2013/34/EU)

Amendment 329

Angelika Winzig, Lukas Mandl

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b a (new)

Directive 2013/34/EU

Article 19a – paragraph 5

Present text

Amendment

(ba) paragraph 5 is replaced by the following:

The management of the undertaking shall inform the workers’ representatives at the appropriate level and discuss with them the relevant information and the means of obtaining and verifying sustainability information. The workers’ representatives’ opinion shall be communicated, where applicable, to the relevant administrative, management or supervisory bodies.

The management of the undertaking shall inform the workers’ representatives at the appropriate level and discuss with them the relevant information and the means of obtaining and verifying sustainability information. The workers’ representatives’ opinion shall be communicated, upon request, to the relevant administrative, management or supervisory bodies.

Or. de

Amendment 330

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b a (new)

Directive 2013/34/EU

Article 19a – paragraph 5a

Text proposed by the Commission

Amendment

(ba) the following paragraph 5a is inserted:

‘By way of derogation from paragraphs 2 to 4, and without prejudice to paragraphs 9 and 10, large undertakings with an average number of employees during the financial year that is more than 500, but fewer than 1000 (hereinafter “medium-large undertakings”), parent undertakings of large groups with an average number of employees during the financial year that is more than 500, but fewer than 1000, on a consolidated basis (hereinafter, ‘medium-large groups’), may limit their sustainability reporting to the following information:

(a) a brief description of the undertaking’s business model and strategy, including:

(i) the resilience of the undertaking’s business model and strategy in relation to risks related to sustainability matters;

(ii) the plans of the undertaking, including implementing actions and related financial and investment plans, to ensure that its business model and strategy are compatible with the transition to a sustainable economy and with the limiting of global warming in line with the Paris Agreement under the United Nations Framework Convention on Climate Change adopted on 12 December 2015 (the ‘Paris Agreement’) and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 of the European Parliament and of the Council, and, where relevant, the exposure of the undertaking to coal-, oil- and gas-related activities;

(iii) how the undertaking’s strategy has been implemented with regard to sustainability matters;

(b) a description of the time-bound targets related to sustainability matters set by the undertaking, including, where appropriate, absolute greenhouse gas emission reduction targets at least for 2030 and 2050, and a description of the progress the undertaking has made towards achieving those targets;

(d) a description of the principal actual or potential adverse impacts connected with the undertaking on sustainability matters, and any actions taken to identify, monitor, prevent, mitigate or remediate such actual or potential adverse impacts;

(e) the principal risks to the undertaking related to sustainability matters and how the undertaking manages those risks;

(f) key indicators necessary for the disclosures referred to in points (a) to (e). Undertakings that rely on the derogation referred to in the first subparagraph shall report in accordance with the simplified sustainability reporting standards referred to in Article 29ba.

Or. en

Justification

As mentioned we create a three-tier approach to the CSRD, with a medium-large undertakings category for large undertakings with 500 to 1000 employees. This will allow companies that have been preparing for CSRD, for companies in scope of NFRD and for those who need to bring data to financial actors to report with a standardised and simplified scheme. This article details the obligations needed by the medium-large undertakings in their reports, based on the previous standards for Liste SMEs, which are less burdensome than the standards for the 1 000 employees undertakings.

Amendment 331

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point c a (new) - point i

Directive 2013/34/EU

Article 19a – paragraph 9 – subparagraph 1

Present text

Amendment

(ca) paragraph 9, the first subparagraph is amended as follows:

Provided that the conditions set out in the second subparagraph of this paragraph are met, an undertaking which is a subsidiary undertaking shall be exempted from the obligations set out in paragraphs 1 to 4 of this Article (“the exempted subsidiary undertaking”) if such undertaking and its subsidiary undertakings are included in the consolidated management report of a parent undertaking, drawn up in accordance with Articles 29 and 29a. An undertaking which is a subsidiary undertaking of a parent undertaking that is established in a third country shall also be exempted from the obligations set out in paragraphs 1 to 4 of this Article where such undertaking and its subsidiary undertakings are included in the consolidated sustainability reporting of that parent undertaking that is established in a third country and where that consolidated sustainability reporting is carried out in accordance with the sustainability reporting standards adopted pursuant to Article 29b or in a manner equivalent to those sustainability reporting standards, as determined in accordance with an implementing act on the equivalence of sustainability reporting standards adopted pursuant to the third subparagraph of Article 23(4) of Directive 2004/109/EC of the European Parliament and of the Council (****).

Provided that the conditions set out in the second subparagraph of this paragraph are met, an undertaking which is a subsidiary undertaking, or forms part of an economic entity, group, or network of independent companies with a unified market presence under central coordination, shall be exempted from the obligations set out in paragraphs 1 to 4 of this Article (hereinafter 'exempted subsidiary undertaking'), if that undertaking and its subsidiary undertakings are included in the consolidated management report of a parent undertaking or in a consolidated sustainability report from the head office of the economic entity or group, or from the undertaking acting as head office for the group of independent companies with a uniform market presence, drawn up in accordance with Articles 29 and 29a. An undertaking which is a subsidiary undertaking of a parent undertaking that is established in a third country or coordinated network of independent companies with a uniform market presence, all established in a third country, shall also be exempted from the obligations set out in paragraphs 1 to 4 of this Article where such undertaking and its subsidiary undertakings are included in the consolidated sustainability reporting of that parent undertaking established in a third country or in a consolidated sustainability report from the head office of the economic entity or group, or from the undertaking acting as head office for the group of independent companies with a uniform market presence, and where that consolidated sustainability reporting is carried out in accordance with the sustainability reporting standards adopted pursuant to Article 29b or in a manner equivalent to those sustainability reporting standards, as determined in accordance with an implementing act on the equivalence of sustainability reporting standards adopted pursuant to the third subparagraph of Article 23(4) of Directive 2004/109/EC of the European Parliament and of the Council.

Or. en

Amendment 332

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point c a (new)

Directive 2013/34/EU

Article 19a – Paragraph 9 – subparagraph 1

Present text

Amendment

(ca) The first subparagraph in paragraph 9 is amended as follows:

'Provided that the conditions set out in the second subparagraph of this paragraph are met, an undertaking which is a subsidiary undertaking shall be exempted from the obligations set out in paragraphs 1 to 4 of this Article (“the exempted subsidiary undertaking”) if such undertaking and its subsidiary undertakings are included in the consolidated management report of a parent undertaking, drawn up in accordance with Articles 29 and 29a. An undertaking which is a subsidiary undertaking of a parent undertaking that is established in a third country shall also be exempted from the obligations set out in paragraphs 1 to 4 of this Article where such undertaking and its subsidiary undertakings are included in the consolidated sustainability reporting of that parent undertaking that is established in a third country and where that consolidated sustainability reporting is carried out in accordance with the sustainability reporting standards adopted pursuant to Article Articles 29b and 29ba or in a manner equivalent to those sustainability reporting standards, as determined in accordance with an implementing act on the equivalence of sustainability reporting standards adopted pursuant to the third subparagraph of Article 23(4) of Directive 2004/109/EC of the European Parliament and of the Council (*11).'

Or. en

Justification

This amendment allows to take into account the new simplified ESRS for medium-large undertakings.

Amendment 333

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point c b(new)

Directive 2013/34/EU

Article 19a – paragraph 9 – subparagraph 2 – point a – point (i)

Present text

Amendment

(cb) paragraph 9, subparagraph 2, point a, point i is amended as follows:

i) the name and registered office of the parent undertaking that reports information at group level in accordance with this Article or in a manner equivalent to the sustainability reporting standards adopted pursuant to Article 29b of this Directive, as determined in accordance with an implementing act on the equivalence of sustainability reporting standards adopted pursuant to the third subparagraph of Article 23(4) of Directive 2004/109/EC;

i) the name and registered office of the parent undertaking or the head office of the economic entity or group that reports information at group level in accordance with this Article or in a manner equivalent to the sustainability reporting standards adopted pursuant to Article 29b of this Directive, as determined in accordance with an implementing act on the equivalence of sustainability reporting standards adopted pursuant to the third subparagraph of Article 23(4) of Directive 2004/109/EC;

Or. en

Amendment 334

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b – point ii a (new)

Directive 2013/34/UE

Article 19a – paragraph 3 – subparagraph 4

Present text

Amendment

(iia) the fourth subparagraph is replaced by the following:

Member States may allow information relating to impending developments or matters in the course of negotiation to be omitted in exceptional cases where, in the duly justified opinion of the members of the administrative, management and supervisory bodies, acting within the competences assigned to them by national law and having collective responsibility for that opinion, the disclosure of such information would be seriously prejudicial to the commercial position of the undertaking, provided that such omission does not prevent a fair and balanced understanding of the undertaking’s development, performance and position, and the impact of its activity.

Undertakings may omit information when the disclosure of such information would be seriously prejudicial to their commercial position or to the commercial position of the group, provided that such omission does not prevent a fair and balanced understanding of the undertaking’s or the group’s development, performance and position, and the impact of its activity.

Or. it

Justification

The CSRD requires companies to disclose information that may be strategically sensitive. In a highly competitive world, such information could be used by competitors that are not subject to the same transparency requirements. It follows that the clauses of the Directive providing for derogations from the publication of information should be strengthened.

Amendment 335

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point c

Directive 2013/34/EU

Article 19a – paragraphs 6 and 7

Text proposed by the Commission:

Amendment

‘By way of derogation from paragraphs 2 to 4 of this Article, and without prejudice to paragraphs 9 and 10 of this Article, undertakings referred to in paragraph 1 of this Article which, on their balance sheet dates, do not exceed the average number of 500 employees during the financial year may limit their sustainability reporting to the following information, adopting a risk-based approach:

(a) a brief description of the undertaking’s business model and strategy;

(b) the principal actual or potential adverse impacts of the undertaking in accordance with the standards referred to in Article 29b of this Directive, comprising relevant sustainability matters as listed in the standards for voluntary use developed by EFRAG, and the sustainability matters listed below:

(i) Scope 3 Greenhouse Gas Emissions

(ii) Greenhouse Gas Reduction Targets

(iii) Climate Stress Testing and Scenarios

(iv) Physical Risk Assessments (Geolocation of assets in climate-vulnerable areas)

(v) Social factors including Human Rights Violations

(vi) Where applicable, the due diligence process, adverse impacts and actions stipulated in paragraph 2 (f) of this Article

(vii) Governance factors including Anti-Corruption Policies & Whistleblower Protection

(c) the principal risks to the undertaking related to sustainability matters and how the undertaking manages those risks;

(d) key indicators necessary for the disclosures referred to in these points.

The structure of these disclosures as well as the information required under point b of this paragraph shall be specified by the Commission in accordance with Article 29b of this Directive

Or. en

Amendment 336

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point c a (new)

Directive 2013/34/EU

Article 19a – paragraph 7

Text proposed by the Commission

Amendment

(c a) paragraph 7 is deleted

Or. en

Amendment 337

Billy Kelleher, Morten Løkkegaard

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point c a (new)

Directive 2013/34/EU

Article 19a – paragraph 8a (new)

Text proposed by the Commission

Amendment

(ca) a new paragraph 8a is inderted:

Companies that have obtained third-party verification of all or part of their product lines, services, or operations may, where relevant, refer to such verification for the purpose of fulfilling the obligations presented in paragraph 1 of this Article. In such cases, the company shall be exempted from reporting in accordance with the standards referred to in Article 29b.

Or. en

Amendment 338

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point c a (new)

Directive 2013/34/UE

Article 19a – paragraph 10

Present text

Amendment

(ca) paragraph 10 is deleted;

Or. it

Amendment 339

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point c a (new)

Directive 2013/34/UE

Article 19a – paragraph 10

Present text

Amendment

(ca) Paragraph 10 is amended as follows:

The exemption laid down in paragraph 9 shall also apply to public-interest entities subject to the requirements of this Article, with the exception of large undertakings which are public-interest entities defined in point (a) of point (1) of Article 2 of this Directive.

The exemption established in paragraph 9 shall also apply to public-interest entities subject to the requirements of this Article.

Or. it

Justification

The CSRD currently provides for two different regimes for subsidiaries of the same group that publishes a consolidated report: listed subsidiaries have to publish their sustainability report, while non-listed subsidiaries are exempted. In order to reduce unnecessary burdens and maintain a level playing field, listed subsidiaries should also be exempted from the obligation to prepare sustainability reports when these are included in the consolidated report of the parent undertaking.

Amendment 340

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point c b (new)

Directive 2013/34/EU

Article 19a – Paragraph 10

Present text

Amendment

(cb) paragraph 10 is replaced by the following:

‘The exemption laid down in paragraph 9 shall also apply to public-interest entities subject to the requirements of this Article.’

Or. en

Justification

The exemption allowing companies to consolidate their extra-financial report to the group level should be extended to public-interest entities.

Amendment 341

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point c c (new)

Directive 2013/34/EU

Article 19a – paragraph 10 a (new)

Text proposed by the Commission

Amendment

(cc) the following paragraph is inserted:

‘10a. Undertakings shall not be required to disclose information such as intellectual capital, intellectual property, know-how or the results of innovation that would qualify as a trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council.’

Or. en

Justification

To provide further clarify which information undertakings are not required to disclose, a reference to the trade secrets directive is made.

Amendment 342

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 343

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 344

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b - title

Text proposed by the Commission

Amendment

Optional taxonomy reporting for certain undertakings

Exemption from taxonomy reporting for certain undertakings

Or. en

Amendment 345

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b - title

Text proposed by the Commission

Amendment

Optional taxonomy reporting for certain undertakings

Optional taxonomy reporting for operating expenditures

Or. en

Justification

Taxonomy is a useful tool for investors - although not perfect, delegated acts will modify technical details and simplify requirements for companies. Creating a voluntary taxonomy within the scope of CSRD would be counterproductive. However, we could alleviate a third of the burden imposed on company by removing the necessity to disclose information on their opex, which is deemed least important by investors.

Amendment 346

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – title

Text proposed by the Commission

Amendment

Optional taxonomy reporting for certain undertakings

Taxonomy reporting for certain economic activities

Or. en

Amendment 347

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that, by way of derogation from Article 8 of Regulation (EU) 2020/852, undertakings as referred to in Article 19a(1) of this Directive which, on their balance sheet dates, do not exceed a net turnover of EUR 450 000 000 during the financial year shall apply the paragraphs 2, 3 and 4 of this Directive.

deleted

Or. en

Amendment 348

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that undertakings as referred to in Article 19a(1) of this Directive shall apply the paragraphs 2, 3 and 4 of this Directive.

Or. en

Justification

This amendment harmonises the Taxonomy Regulation with CSRD.

Amendment 349

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that, by way of derogation from Article 8 of Regulation (EU) 2020/852, undertakings as referred to in Article 19a(1) of this Directive shall apply the paragraphs 2, 3 and 4 of this Article.

Or. en

Amendment 350

Axel Voss

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Justification

Taxonomy should be voluntary for all entities.

Amendment 351

Adrián Vázquez Lázara, Maravillas Abadía Jover

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Justification

The Taxonomy serves as a useful reference to define environmentally sustainable activities but proves ineffective as a reporting tool. It imposes significant administrative burdens without delivering information that meets users’ needs. Stakeholders value more practical, reliable, and easy-to-calculate indicators. This justifies extending the voluntary nature of Taxonomy reporting to all companies.

Amendment 352

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that, by way of derogation from Article 8 of Regulation (EU) 2020/852, undertakings as referred to in Article 19a(1) of this Directive which, on their balance sheet dates, do not exceed a net turnover of EUR 1 500 000 000 during the financial year shall be exempted from those obligations.

Or. en

Amendment 353

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 2

Text proposed by the Commission

Amendment

2. An undertaking as referred to in paragraph 1 that claims that its activities are associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of Regulation (EU) 2020/852 or with economic activities that fulfil only certain requirements of that provision shall include in its management report information on how and to what extent its activities are associated with those economic activities.

deleted

Or. en

Amendment 354

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 2

Text proposed by the Commission

Amendment

2. An undertaking that claims that its activities are associated with economic activities that partially qualify as environmentally sustainable under Regulation (EU) 2020/852 shall include in its management report information on how and to what extent its activities are associated with economic activities that:

(a) do not significantly harm any of the environmental objectives set out in Article 9 in of Regulation (EU) 2020/852 in accordance with Article 17 of that Regulation;

(b) comply with the technical screening criteria established in accordance with point (b) of Article 10(3), point (b) of Article 11(3), point (b) of Article 12(2), point (b) of Article 12(2), point (b) of Article 13(2), point (b) of Article 14(2), point (b) of Article 15(2) of Regulation (EU) 2020/852 and set out in Delegation Regulations (EU) 2021/2139, (EU) 2022/1214 and (EU) 2023/2486; and

An undertaking shall be considered as partially aligned when it complies with Article 17 and Article 18 of that Regulation, while not fully demonstrating substantial contribution in accordance with the criteria established under Articles 10 to 15 of that Regulation. In such cases the undertaking shall provide a reasoned explanation, supported by verifiable data, describing the extent to which the relevant activity meets or falls short of each element of the criteria referred to in Articles 10 to 18 of Regulation (EU) 2020/852. The undertaking should also disclose if and when it plans to comply with substantial contribution criteria established under Articles 10 to 15.

Or. en

Amendment 355

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 3

Text proposed by the Commission

Amendment

3. In particular, a non-financial undertaking that claims that its activities are associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of Regulation (EU) 2020/852 shall disclose the following indicators:

deleted

(a) the proportion of its turnover derived from products or services associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of that Regulation;

(b) the proportion of its capital expenditure related to assets or processes associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of that Regulation.

A non-financial undertaking that discloses the indicators referred to in the first subparagraph may disclose the proportion of its operating expenditure related to assets or processes associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of Regulation (EU) 2020/852.

Or. en

Amendment 356

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b - paragraph 3

Text proposed by the Commission

Amendment

deleted

(a) the proportion of its turnover derived from products or services associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of that Regulation;

(b) the proportion of its capital expenditure related to assets or processes associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of that Regulation.

Or. en

Amendment 357

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

deleted

Or. it

Justification

Collection of the data needed to produce this indicator is disproportionately burdensome compared to its usefulness. The relevance of the OpEx KPI is limited because (i) retrospective sustainability performance is already effectively shown in the Turnover KPI and (ii) the OpEx metric is not used by investors when calculating their Taxonomy-aligned indicators, such as the Green Asset Ratio. Removing the OpEx KPI would simplify reporting requirements without compromising the overall integrity of the EU taxonomic framework.

Amendment 358

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

By way of derogation from Article 8 of Regulation (EU) 2020/852, a non-financial undertaking that discloses the indicators referred to in the first subparagraph may not disclose the proportion of its operating expenditure related to assets or processes associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of Regulation (EU) 2020/852.

Or. en

Justification

Through this amendment, we allow companies covered by the Taxonomy Regulation to not disclose a third of their reporting obligations under the Taxonomy.

Amendment 359

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 4

Text proposed by the Commission

Amendment

4. In particular, a non-financial undertaking that claims that its activities are associated with economic activities that fulfil only certain requirements of Article 3 of Regulation (EU) 2020/852 shall disclose the following indicators:

deleted

(a) the proportion of its turnover derived from products or services associated with economic activities fulfilling only certain requirements of Article 3 of that Regulation;

(b) the proportion of its capital expenditure related to assets or processes associated with economic activities that fulfil only certain requirements of Article 3 of that Regulation;

A non-financial undertaking that discloses the indicators referred to in the first subparagraph may disclose the proportion of its operating expenditure related to assets or processes associated with economic activities that fulfil only certain requirements of Article 3 of Regulation (EU) 2020/852.

Or. en

Amendment 360

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 4 –subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

In particular, a non-financial undertaking that claims that its activities are associated with economic activities that fulfil only certain requirements of Article 3 of Regulation (EU) 2020/852 shall disclose the following indicators:

In particular, a non-financial undertaking that claims that its activities are associated with economic activities that partially qualify as environmentally sustainable pursuant to paragraph 2 shall disclose the following indicators:

Or. en

Amendment 361

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 4 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) the proportion of its turnover derived from products or services associated with economic activities fulfilling only certain requirements of Article 3 of that Regulation;

(a) the proportion of its turnover derived from products or services associated with economic activities fulfilling the requirements set out in paragraph 2;

Or. en

Amendment 362

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 4 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) the proportion of its capital expenditure related to assets or processes associated with economic activities that fulfil only certain requirements of Article 3 of that Regulation;

(b) the proportion of its capital expenditure related to assets or processes associated with economic activities that fulfil the requirements set out in paragraph 2;

Or. en

Amendment 363

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 4 –subparagraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) the proportion of its operating expenditure related to assets or processes associated with research and development economic activities that fulfil the requirements set out in paragraph 2;

Or. en

Amendment 364

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article b – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

A non-financial undertaking that discloses the indicators referred to in the first subparagraph may disclose the proportion of its operating expenditure related to assets or processes associated with economic activities that fulfil only certain requirements of Article 3 of Regulation (EU) 2020/852.

deleted

Or. it

Justification

Amendment 365

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 4 –subparagraph 2

Text proposed by the Commission

Amendment

A non-financial undertaking that discloses the indicators referred to in the first subparagraph may disclose the proportion of its operating expenditure related to assets or processes associated with economic activities that fulfil only certain requirements of Article 3 of Regulation (EU) 2020/852.

A non-financial undertaking that discloses the indicators referred to in the first subparagraph may disclose the proportion of its operating expenditure related to assets or processes associated with economic activities other than research and development that fulfil the requirements set out in paragraph 2.

Or. en

Amendment 366

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross, Raffaele Stancanelli

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission shall adopt a delegated act in accordance with Article 49 of this Directive to supplement paragraphs 1, 2, 3 and 4 of this Article to specify the content and presentation of the information to be disclosed pursuant to those paragraphs, including the content of the information concerning economic activities that fulfil only certain of the criteria set out in Article 3 of Regulation (EU) 2020/852, and the methodology to be used in order to comply with them, taking into account the specificities of both financial and non-financial undertakings and the technical screening criteria established pursuant to that Regulation.;

deleted

Or. en

Amendment 367

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 3

Directive 2013/34/EU

Article 19b – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission shall adopt a delegated act in accordance with Article 49 of this Directive to supplement paragraphs 1, 2, 3 and 4 of this Article to specify the content and presentation of the information to be disclosed pursuant to those paragraphs, including the content of the information concerning economic activities that fulfil the requirements set out in paragraph 2, and the methodology to be used in order to comply with them, taking into account the specificities of both financial and non-financial undertakings and the technical screening criteria established pursuant to that Regulation.;

Or. en

Amendment 368

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 4 – introductory part

Directive 2013/34/EU

Article 29a

Text proposed by the Commission

Amendment

(4) Article 29a is amended as follows:

(4) Article 29a is deleted;

Or. en

Amendment 369

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a

Directive 2013/34/EU

Article 29a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Parent undertakings of a large group which, on their balance sheet dates, exceed the average number of 1000 employees, on a consolidated basis, during the financial year, shall include in the consolidated management report information necessary to understand the group’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the group’s development, performance and position.;

‘Parent undertakings of a group which, on their balance sheet dates, exceed the average number of 5000 employees and a net turnover of EUR 1.5 billion, on a consolidated basis, during the financial year, shall include in the consolidated management report information necessary to understand the group’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the group’s development, performance and position. Head offices of undertakings that are part of an economic entity or group and operate collectively within the market may incorporate a consolidated sustainability report into their management report. This consolidated report shall have an exempting effect for these undertakings within the meaning of Article 19a(9).

Or. en

Justification

The proposed amendments to Directive 2013/34/EU aim to enhance the practicability of data collection and reduce administrative burdens for companies, while ensuring that the objectives of sustainability reporting are met. A primary concern is to prevent disproportionate burdens and avoid duplication in reporting.

Amendment 370

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a

Directive 2013/34/EU

Article 29a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Parent undertakings of a large group shall include in the consolidated management report information necessary to understand the group’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the group’s development, performance and position.;

Or. en

Amendment 371

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a

Directive 2013/34/EU

Article 29a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Parent undertakings of a group which, on their balance sheet dates, exceed the average number of 10 000 employees and a net turnover above EUR 2 billion or a balance sheet total above EUR 500 million , on a consolidated basis, during the financial year, shall include in the consolidated management report general information necessary to understand the group’s impacts on sustainability matters, and general information necessary to understand how sustainability matters affect the group’s development, performance and position.;

Or. en

Amendment 372

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a

Directive 2013/34/EU

Article 29a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Parent undertakings of a large group which, on their balance sheet dates, exceed the average number of 1000 employees, on a consolidated basis, during the financial year, shall include in the consolidated management report information necessary to understand how sustainability matters affect the group’s development, performance and position;

Or. it

Justification

Amendment 373

Maravillas Abadía Jover, Adrián Vázquez Lázara

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a

Directive 2013/34/EU

Article 29a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Parent undertakings of a large group which, on their balance sheet dates, exceed the average number of 3000 employees and a net worldwide turnover of more than EUR 450 000 000, on a consolidated basis, during the financial year, shall include in the consolidated management report information necessary to understand the group’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the group’s development, performance and position.;

Or. en

Amendment 374

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a

Directive 2013/34/EU

Article 29a – paragraph 1 –subparagraph 1

Text proposed by the Commission

Amendment

Parent undertakings of a large group as referred to in Article 3(7) shall include in the consolidated management report all information that is necessary or relevant to understand the group’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the group’s development, performance and position.

Or. en

Amendment 375

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a

Directive 2013/34/EU

Article 29a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Parent undertakings of a large group which, on their balance sheet dates, exceed the average number of 10000 employees, on a consolidated basis, during the financial year, shall include in the consolidated management report information necessary to understand the group’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the group’s development, performance and position.;

Or. en

Amendment 376

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a

Directive 2013/34/EU

Article 29a – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Parent undertakings of a large group which, on their balance sheet dates, exceed the average number of 500 employees, on a consolidated basis, during the financial year, shall include in the consolidated management report information necessary to understand the group’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the group’s development, performance and position.;

Or. en

Justification

This amendment aligns the scope of parents' undertakings with the undertakings' ones, under our three-tiers approach.

Amendment 377

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a a (new)

Directive 2013/34/EU

Article 29a – paragraph 1

Present text

Amendment

(aa) paragraph 2 is is replaced by the following:

The information referred to in paragraph 1 shall contain:

‘The information referred to in paragraph 1 shall contain:

(a) a brief description of the group’s business model and strategy, including:

(a) a brief and general description of the group’s business model and strategy;

(i) the resilience of the group’s business model and strategy in relation to risks related to sustainability matters;

(ii) the opportunities for the group related to sustainability matters;

(iii) the plans of the group, including implementing actions and related financial and investment plans, to ensure that its business model and strategy are compatible with the transition to a sustainable economy and with the limiting of global warming to 1,5 °C in line with the Paris Agreement and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 and where relevant, the exposure of the group to coal-, oil- and gas-related activities;

(iv) how the group’s business model and strategy take account of the interests of the group’s stakeholders and of the impacts of the group on sustainability matters;

(v) how the group’s strategy has been implemented with regard to sustainability matters;

(b) a description of the time-bound targets related to sustainability matters set by the group, including, where appropriate, absolute greenhouse gas emission reduction targets at least for 2030 and 2050, a description of the progress the group has made towards achieving those targets, and a statement of whether the group’s targets related to environmental factors are based on conclusive scientific evidence;

(b) a general description of the time-bound targets related to sustainability matters set by the group;

(d) a description of the group’s policies in relation to sustainability matters;

(e) information about the existence of incentive schemes linked to sustainability matters which are offered to members of the administrative, management and supervisory bodies;

(f) a description of:

(d) a general description of the due diligence process implemented by the group with regard to sustainability matters;

(i) the due diligence process implemented by the group with regard to sustainability matters, and, where applicable, in line with Union requirements on undertakings to conduct a due diligence process;

(ii) the principal actual or potential adverse impacts connected with the group’s own operations and with its value chain, including its products and services, its business relationships and its supply chain, actions taken to identify and monitor those impacts, and other adverse impacts which the parent undertaking is required to identify pursuant to other Union requirements to conduct a due diligence process;

(g) a description of the principal risks to the group related to sustainability matters, including the group’s principal dependencies on those matters, and how the group manages those risks;

(e) a general description of the principal risks to the group related to sustainability matters;

Parent undertakings shall report the process carried out to identify the information that they have included in the consolidated management report in accordance with paragraph 1 of this Article. The information listed in the first subparagraph of this paragraph shall include information related to short-, medium- and long-term time horizons, as applicable.

Parent undertakings should report the process carried out to identify the information that they have included in the consolidated management report in accordance with paragraph 1 of this Article.

Or. en

Amendment 378

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a a (new)

Directive 2013/34/EU

Article 29a – paragraph 2 – point a – point iii

Present text

Amendment

(aa) in paragraph 2, point a, point iii is amended as follows:

(iii) the plans of the group, including, as a minimum, comprehensive implementing actions and related financial and investment plans, to ensure that its business model and strategy are fully compatible with the transition to a sustainable economy and with the limiting of global warming to 1,5 °C in line with the Paris Agreement and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 and where relevant, the exposure of the group to coal-, oil- and gas-related activities;

Or. en

Amendment 379

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a a (new)

Directive 2013/34/EU

Article 29a – paragraph 1 – subparagraph 2

Present text

Amendment

(aa) In paragraph 1, the second subparagraph is modified as follows:

The information referred to in the first subparagraph shall be clearly identifiable within the consolidated management report, through a dedicated section of the consolidated management report.

The information referred to in the first subparagraph shall be clearly identifiable within the consolidated management report, through a dedicated section of the consolidated management report. Information disclosed that is relevant to investors decision making and therefore their capital allocation decisions should be clearly identifiable and not obscured by information that is disclosed for other stakeholders.

Or. en

Justification

Aligning the information in the consolidated management report should allow investors to have a better reading of reports.

Amendment 380

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a a (new)

Directive 2013/34/EU

Article 29a – paragraph 1 – subparagraph 2a (new)

Text proposed by the Commission

Amendment

(aa) in paragraph 1, the following subparagraph is added:

‘Parent undertakings which have as their main activity the holding of shares in operational subsidiaries and do not engage in taking management, operational or financial decisions affecting the group or one or more of its subsidiaries are exempted from fulfilling the obligations under this Article.’

Or. it

Justification

There is no need to raise reporting requirements to the top level in holding companies or pure investment companies, as this would simply be consolidating the data of the underlying entities and therefore does not satisfy any external information purpose. In such cases, the requirement to publish the consolidated sustainability report would create an unnecessary burden for undertakings. The amendment would align the provisions of the CSRD with those of the CSDDD, which already provides for certain exemptions for holding companies.

Amendment 381

Henrik Dahl

Proposal for a directive

Article 2 – paragraph 1 – point 4 - point a a (new)

Directive 2013/34/EU

Article 29a – paragraph 2 a (new)

Text proposed by the Commission

Amendment

(aa) in paragraph 1, the following subparagraph is added:

‘Undertakings that are a financial holding undertaking as defined in Article 2(15), shall be exempted from carrying out the obligations under this Directive.’

Or. en

Justification

Amendment 382

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a a (new)

Directive 2013/34/EU

Article 29a – paragraph 1 – subparagraph 3 (new)

Text proposed by the Commission

Amendment

(aa) the following paragraph 2a is added:

2a. Where the ultimate parent undertaking of a group is a financial holding undertaking as defined in Article 2(15), it may be exempted from complying with the obligations set out in this Directive. That exemption is subject to the condition that one of the ultimate parent undertaking’s subsidiaries established in the Union is designated to comply with those obligations on behalf of the ultimate parent undertaking.’

Or. en

Justification

Financial holding should be exempted from this Directive as they do not hold any management over the companies they have ownership in.

Amendment 383

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a b (new)

Directive 2013/34/EU

Article 29a – paragraph 1 – subparagraph 3 a (new)

Text proposed by the Commission

Amendment

(ab) in paragraph 1, the following subparagraph is added:

‘In case of recent acquisitions of subsidiaries that are not subject to the reporting of information referred to in the first subparagraph, the parent undertaking will benefit of a 24 months transition period before being required to integrate information on its new subsidiary, within its consolidated sustainability report.’

Or. en

Justification

Integrating sustainability information on new acquisition is a highly complex process. Introducing a two years delay will allow information to be efficiently integrated within the reporting of the parent company.

Amendment 384

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b – point i

Directive 2013/34/EU

Article 29a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Where applicable, the information referred to in paragraphs 1 and 2 shall contain information about the group’s own operations and about its value chain, including its products and services, its business relationships and its supply chain. Member States shall ensure that, for the reporting of sustainability information as required by this Directive, undertakings do not seek to obtain from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 1000 employees during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned. Undertakings that report the necessary value chain information without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 1000 employees during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned, shall be deemed to have complied with the obligation to report value chain information set out in this paragraph.;

Where applicable, the information referred to in paragraphs 1 and 2 shall contain information about the group’s own operations and about its value chain, including its products and services, its business relationships and its supply chain. Member States shall ensure that, for the reporting of sustainability information as required by this Directive, undertakings do not seek to obtain from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 10 000 employees and a net turnover above EUR 2 billion or a balance sheet total above EUR 500 million during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned. Undertakings that report the necessary value chain information without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 10 000 employees and a net turnover above EUR 2 billion or a balance sheet total above EUR 500 million during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned, shall be deemed to have complied with the obligation to report value chain information set out in this paragraph.;

Or. en

Amendment 385

Lukas Mandl

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b – point i

Directive 2013/34/EU

Article 29a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

(i) the first subparagraph is replaced by the following:

(i) after the first subparagraph, the following subparagraphs are inserted:

‘When establishing contractual and other arrangements for the reporting of sustainability information as required by this Directive, an undertaking shall not require undertakings in its value chain which, on their balance sheet dates, do not exceed the average number of 1000 employees during the financial year, to provide information exceeding the information specified in the standards for voluntary use referred to in Article 29ca; or any contractual provision contrary to the second subparagraph shall not be binding. This shall not affect the binding nature of the remainder of the contract. Where an undertaking requests information:

(i) for the purposes of sustainability information as required by this Directive, from undertakings in its value chain; and

(ii) some or all of that information falls outside of the information specified in the standards for voluntary use referred to in Article 29ca,

that undertaking shall ensure that undertakings in its value chain which, on their balance sheet dates, do not exceed the average number of 1000 employees during the financial year, are informed of which information falls into point (ii) of this subparagraph and of their statutory right to decline to provide that information. Any undertaking in the value chain which, on its balance sheet date, does not exceed the average number of 1000 employees during the financial year, shall have a right to decline to provide information exceeding the information specified in the standards for voluntary use referred to in Article 29ca in response to a request made for the purposes of reporting of sustainability as required by this Directive. Nothing in the second, third, fourth or fifth subparagraphs:

(ii) imposes or implies any obligation on undertakings in the value-chain to provide information falling within the standards for voluntary use referred to in Article 29ca.

Parent undertakings that report the necessary value chain information without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 1000 employees during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca shall be deemed to have complied with the obligation to report value chain information set out in the first subparagraph.

The information on the undertaking's value chain shall not include information from micro-enterprises in the value chain, regardless of whether they are direct or indirect business partners. Micro-enterprises also do not have to provide information about their downstream business partners. Therefore Member States shall ensure that companies do not seek to require information from micro-enterprises in their value chain for the purposes of reporting on sustainability information. ;

Or. en

Amendment 386

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b – point i

Directive 2013/34/EU

Article 29a – paragraph 3 –subparagraph 1

Text proposed by the Commission

Amendment

‘Where applicable, the information referred to in paragraphs 1 and 2 shall contain material information about the group’s own operations and about its value chain, including its products and services, its business relationships and its supply chain. Member States shall ensure that, for the reporting of sustainability information concerning the undertaking’s value chain, undertakings adopt a risk-based approach that focusses efforts to obtain information on high-risk impacts in the undertaking’s value chain, and sustainability issues that are common in the undertaking’s sector. Member States shall also ensure that for reporting of sustainability information as required by this Directive, undertakings do not seek to obtain from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 250 employees during the financial year any information that exceeds the information specified in the standards developed for their respective mandatory or voluntary use as referred to in Article 29c, except for additional sustainability information that is commonly shared between undertakings in the sector concerned. Undertakings that report the necessary value chain information without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 250 employees during the financial year any information that exceeds the information specified in the standards for mandatory or voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned, shall be deemed to have complied with the obligation to report value chain information set out in this paragraph. In such cases, an undertaking shall still be required to seek to obtain additional relevant information from other supportable sources.’;

Or. en

Amendment 387

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b – point i

Directive 2013/34/EU

Article 29a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Where applicable, the information referred to in paragraphs 1 and 2 shall contain information about the group’s own operations and about its value chain, including its products and services, its business relationships and its supply chain. Member States shall ensure that, for the reporting of sustainability information as required by this Directive, undertakings do not seek to obtain from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 500 employees during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned. Undertakings that report the necessary value chain information without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 500 employees during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned, shall be deemed to have complied with the obligation to report value chain information set out in this paragraph.;

Or. en

Justification

This harmonises the article with our three-tier approach.

Amendment 388

Pascale Piera, Julie Rechagneux, Ton Diepeveen

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b – point i

Directive 2013/34/EU

Article 29a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 389

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b – point i

Directive 2013/34/EU

Article 29a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Where applicable, the information referred to in paragraphs 1 and 2 shall contain information about the group’s own operations and about its chain of activities, including its products and services, its business relationships and its supply chain. Member States shall ensure that, for the reporting of sustainability information as required by this Directive, undertakings do not seek to obtain from undertakings in their chain of activities which, on their balance sheet dates, do not exceed the average number of 5000 employees and a net turnover of EUR 1.5 billion during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca. Undertakings that report the necessary information about their chain of activities without reporting from undertakings in their chain of activities which, on their balance sheet dates, do not exceed the average number of 5000 employees and a net turnover of EUR 1.5 billion during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29c shall be deemed to have complied with the obligation to report information about their chain of activities set out in this paragraph.

Or. en

Amendment 390

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b – point i

Directive 2013/34/EU

Article 29a – paragraph 3 – subpargraph 1

Text proposed by the Commission

Amendment

Where applicable, the information referred to in paragraphs 1 and 2 shall contain material information about the group’s own operations and about its value chain, including its products and services, its business relationships and its supply chain. This does not constitute a requirement to obtain information directly from other entities in the group's value chain on a systemic basis, unless there is a reasonable indication of sustainability risks, or the information is necessary for the group's sustainability reporting and cannot be reasonably or sufficiently obtained by other means. Any request for information directed at SMEs shall be proportionate in scope and frequency and shall not place an undue administrative burden on the SME. The requesting undertaking shall clarify the purpose and necessity of the request for information. The Commission shall provide guidance for undertakings to apply a risk-based approach, to avoid disproportionate requests for information.

Or. en

Amendment 391

Maravillas Abadía Jover, Adrián Vázquez Lázara

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b – point i

Directive 2013/34/EU

Article 29a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Where applicable, the information referred to in paragraphs 1 and 2 shall contain information about the group’s own operations and about its value chain, including its products and services, its business relationships and its supply chain. Member States shall ensure that, for the reporting of sustainability information as required by this Directive, undertakings do not seek to obtain from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 3000 employees and a net worlwide turnover of more than EUR 450 000 000 during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned. Undertakings that report the necessary value chain information without reporting from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 3000 employees and a net worlwide turnover of more than 450 000 000 during the financial year any information that exceeds the information specified in the standards for voluntary use referred to in Article 29ca, except for additional sustainability information that is commonly shared between undertakings in the sector concerned, shall be deemed to have complied with the obligation to report value chain information set out in this paragraph.;

Or. en

Amendment 392

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b – point ii

Directive 2013/34/EU

Article 29a – paragraph 3 – subparagraph 5

Text proposed by the Commission

Amendment

(ii) the following subparagraph is added:

deleted

‘The first subparagraph is without prejudice to Union requirements on undertakings to conduct a due diligence process.; ’

Or. en

Amendment 393

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b – point ii

Directive 2013/34/EU

Article 29a – paragraph 3 – subparagraph 5

Text proposed by the Commission

Amendment

The first subparagraph is without prejudice to Union requirements on undertakings to conduct a due diligence process.;

Or. en

Amendment 394

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b – point ii

Directive 2013/34/EU

Article 29a – paragraph 3 – subparagraph 5

Text proposed by the Commission

Amendment

The first subparagraph is without prejudice to Union requirements on undertakings to conduct a due diligence process.;

The first subparagraph is without prejudice to information requests for purposes other than for the reporting of sustainability information as required by this Directive, including Union requirements on undertakings to conduct a due diligence process.;

Or. en

Justification

Companies should still be able to ask further information due to contractual agreement, or for reasons that are not covered by the CSRD.

Amendment 395

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b – point ii

Directive 2013/34/EU

Article 29a – paragraph 3 – subparagraph 5

Text proposed by the Commission

Amendment

The first subparagraph is without prejudice to Union requirements on undertakings to conduct a due diligence process.;

The first subparagraph is without prejudice to Union and national requirements on undertakings to conduct a due diligence process.;

Or. en

Amendment 396

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b – point ii a (new)

Directive 2013/34/EU

Article 29a – paragraph 3 – subparagraph 5 a (new)

Present text

Amendment

(ii a) the following subparagraph is added:

‘The reporting obligations set out in this Article are without prejudice to Directive (EU) 2016/943. Therefore, undertakings shall not be required to disclose information on intellectual capital, intellectual property or know how, business information or technological information which constitutes trade secrets as defined in Article 2, point (1), of Directive (EU) 2016/943.’;

Or. en

(Directive 2013/34/EU)

Amendment 397

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b a (new)

Directive 2013/34/EU

Article 29a – paragraph 8

Present text

Amendment

(b a) in paragraph 8, the first subparagraph is replaced by the following:

8. Provided that the conditions set out in the second subparagraph of this paragraph are met, a parent undertaking which is a subsidiary undertaking shall be exempted from the obligations set out in paragraphs 1 to 5 of this Article (the “exempted parent undertaking”) if such parent undertaking and its subsidiary undertakings are included in the consolidated management report of another undertaking, drawn up in accordance with Article 29 and this Article. A parent undertaking which is a subsidiary undertaking of a parent undertaking that is established in a third country shall also be exempted from the obligations set out in paragraphs 1 to 5 of this Article where such parent undertaking and its subsidiary undertakings are included in the consolidated sustainability reporting of that parent undertaking that is established in a third country and where that consolidated sustainability reporting is carried out in accordance with the sustainability reporting standards adopted pursuant to Article 29b or in a manner equivalent to those sustainability reporting standards, as determined in accordance with an implementing act on the equivalence of sustainability reporting standards adopted pursuant to the third subparagraph of Article 23(4) of Directive 2004/109/EC.

‘8. Provided that the conditions set out in the second subparagraph of this paragraph are met, a parent undertaking which is a subsidiary undertaking shall be exempted from the obligations set out in paragraphs 1 to 5 of this Article (the “exempted parent undertaking”) if such parent undertaking and its subsidiary undertakings are included in the consolidated management report of another undertaking, drawn up in accordance with Article 29 and this Article. A parent undertaking which is a subsidiary undertaking of a parent undertaking that is established in a third country shall also be exempted from the obligations set out in paragraphs 1 to 5 of this Article where:

(i) such parent undertaking and its subsidiary undertakings are included in the consolidated sustainability reporting of that parent undertaking that is established in a third country and where that consolidated sustainability reporting is carried out in accordance with the sustainability reporting standards adopted pursuant to Article 29b or in a manner equivalent to those sustainability reporting standards, as determined in accordance with an implementing act on the equivalence of sustainability reporting standards adopted pursuant to the third subparagraph of Article 23(4) of Directive 2004/109/EC;

(ii) the exemptions in Article 23 (with the exception of Article 23(8)) apply.’

Or. en

Justification

This allows companies to publish consolidated report.

Amendment 398

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b a (new)

Directive 2013/34/EU

Article 29a – paragraph 9

Present text

Amendment

(ba) paragraph 9 is deleted.

Or. it

Amendment 399

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b a (new)

Directive 2013/34/EU

Article 29a – paragraph 9

Present text

Amendment

(ba) Paragraph 9 is amended as follows:

9. The exemption laid down in paragraph 8 shall also apply to public-interest entities subject to the requirements of this Article, with the exception of large undertakings which are public-interest entities defined in point (a) of point (1) of Article 2 of this Directive.

9. The exemption laid down in paragraph 8 shall also apply to public-interest entities subject to the requirements of this Article.

Or. it

Justification

Amendment 400

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point b b (new)

Direttiva 2013/34/EU

Article 29a – paragraph 9

Present text

Amendment

(bb) paragraph 9 is replaced by the following:

‘9. The exemption laid down in paragraph 8 shall also apply to public-interest entities subject to the requirements of this Article.’;

Or. en

Justification

This paragraph allows public-interest entities to also benefit from the consolidated report exemption.

Amendment 401

Maravillas Abadía Jover, Adrián Vázquez Lázara

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point a a (new)

Directive 2013/34/EU

Article 29b – paragraph 3 – subparagraph 7 a (new)

Text proposed by the Commission

Amendment

(a a) In paragraph 1, the following subparagraph 7a is added:

The Commission shall adopt sector-specific guidelines to support companies in the same sector in their conduct of their materiality assessments. Such guidelines shall offer sector-specific support for identifying and disclosing sustainability-related impacts, risks, and opportunities with the aim of ensuring a high level of consistency and comparability in the information reported by undertakings within the relevant sector.

Or. en

Amendment 402

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 6 - point b a (new)

Directive 2013/34/EU

Article 29b – paragraph 5

Present text

Amendment

(ba) paragraph 5 is replaced by the following:

5. When adopting delegated acts pursuant to paragraph 1, the Commission shall, to the greatest extent possible, take account of:

5. When adopting delegated acts to specify the sustainability reporting standard, the Commission and EFRAG shall pay particular attention to the effect of information on the competitiveness of European companies, the legal risks connected with any requirement to use estimates or forward-looking information, and the proportionality of the costs incurred to produce and verify the information.

(a) the work of global standard-setting initiatives for sustainability reporting, and existing standards and frameworks for natural capital accounting and for greenhouse gas accounting, responsible business conduct, corporate social responsibility, and sustainable development;

(b) the information that financial market participants need in order to comply with their disclosure obligations laid down in Regulation (EU) 2019/2088 and the delegated acts adopted pursuant to that Regulation;

(c) the criteria, indicators and methodologies set out in the delegated acts adopted pursuant to Regulation (EU) 2020/852, including the technical screening criteria established pursuant to Article 10(3), Article 11(3), Article 12(2), Article 13(2), Article 14(2) and Article 15(2) of that Regulation and the reporting requirements set out in the delegated act adopted pursuant to Article 8 of that Regulation;

(d) the disclosure requirements applicable to benchmark administrators in the benchmark statement and in the benchmark methodology and the minimum standards for the construction of EU Climate Transition Benchmarks and EU Paris-aligned Benchmarks in accordance with Commission Delegated Regulations (EU) 2020/1816, (EU) 2020/1817 and (EU) 2020/1818;

(e) the disclosures specified in the implementing acts adopted pursuant to Article 434a of Regulation (EU) No 575/2013;

(f) Commission Recommendation 2013/179/EU;

(g) Directive 2003/87/EC of the European Parliament and of the Council;

(h) Regulation (EU) 2021/1119;

(i) Regulation (EC) No 1221/2009 of the European Parliament and of the Council;

(j) Directive (EU) 2019/1937 of the European Parliament and of the Council.

Or. it

Justification

In order for the simplification activity to make a significant impact in alleviating the burden on companies, while also benefiting the stakeholders involved in the reporting process, the legal text of Omnibus I must introduce additional guiding principles for ESRS pursuant to Articles 29b(2) and (3) of the CSRD. This will help to better delimit EFRAG’s work and the revisions of standards.

Amendment 403

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa

Text proposed by the Commission

Amendment

(5) the following Article 29aa is inserted:

[...]

deleted

Or. en

Amendment 404

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa

Text proposed by the Commission

Amendment

(5) the following Article 29aa is inserted:

[...]

deleted

Or. en

Amendment 405

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – title

Text proposed by the Commission

Amendment

Optional taxonomy reporting for certain parent undertakings

Exemption from taxonomy reporting for certain parent undertakings

Or. en

Amendment 406

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – title

Text proposed by the Commission

Amendment

Optional taxonomy reporting for certain parent undertakings

Optional taxonomy reporting for operating expenditure

Or. en

Justification

This amendment expands the voluntary disclosure of opex indicators, in the Taxonomy Regulation, to parent undertakings.

Amendment 407

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – title

Text proposed by the Commission

Amendment

Optional taxonomy reporting for certain parent undertakings

Taxonomy reporting for certain parent undertakings

Or. en

Amendment 408

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that, by way of derogation from Article 8 of Regulation (EU) 2020/852, parent undertakings as referred to in Article 29a(1) of this Directive which, on their balance sheet dates, do not exceed a net turnover of EUR 450 000 000, on a consolidated basis, during the financial year shall apply the paragraphs 2, 3 and 4 of this Directive.

deleted

Or. en

Amendment 409

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that, by way of derogation from Article 8 of Regulation (EU) 2020/852, parent undertakings as referred to in Article 29a(1) of this Directive which, on their balance sheet dates, do not exceed a net turnover of EUR 1 500 000 000, on a consolidated basis, during the financial year shall be exempted from those obligations.

Or. en

Amendment 410

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that, by way of derogation from Article 8 of Regulation (EU) 2020/852, parent undertakings as referred to in Article 29a(1) of this Directive which, on their balance sheet dates, do not exceed a net turnover of EUR 2 000 000 000, on a consolidated basis, during the financial year shall apply the paragraphs 2, 3 and 4 of this Directive.

Or. en

Amendment 411

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that parent undertakings as referred to in Article 29a(1) of this Directive shall apply the paragraphs 2, 3 and 4 of this Directive.

Or. en

Justification

This amendment expends the voluntary disclosure of opex indicators, in the Taxonomy Regulation, to parent undertakings.

Amendment 412

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross, Raffaele Stancanelli

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – paragraph 2

Text proposed by the Commission

Amendment

2. A parent undertaking as referred to in paragraph 1 that claims that its activities are associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of Regulation (EU) 2020/852 or with economic activities that fulfil only certain requirements of that provision shall include in its management report information on how and to what extent its activities are associated with those economic activities.

deleted

Or. en

Amendment 413

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – paragraph 2

Text proposed by the Commission

Amendment

2. A parent undertaking that claims that its activities are associated with economic activities that partially qualify as environmentally sustainable under Regulation (EU) 2020/852 shall include in its management report information on how and to what extent its activities are associated with economic activities that:

(a) do not significantly harm any of the environmental objectives set out in Article 9 of Regulation (EU) 2020/852 in accordance with Article 17 of that Regulation;

(b) comply with technical screening criteria established in accordance with point (b) of Article 10(3), point (b) of Article 11(3), point (b) of Article 12(2), point (b) of Article 13(2), point (b) of Article 14(2) or point (b) of Article 15(2) of Regulation (EU) 2020/852 and set out in Delegated Regulations (EU) 2021/2139, (EU) 2022/1214 and (EU) 2023/2486; and

An undertaking shall be considered as partially aligned when it complies with Article 17 and Article 18 of that Regulation, while not fully demonstrating substantial contribution in accordance with the criteria established under Articles 10 to 15 of that Regulation. In such cases, the undertaking shall provide a reasoned explanation, supported by verifiable data, describing the extent to which the relevant activity meets or falls short of each element of the criteria referred to in Articles 10 to 18 of Regulation (EU) 2020/852. The undertaking should also disclose if and when it plans to comply with substantial contribution criteria established under Articles 10 to 15.

Or. en

Amendment 414

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – paragraph 3

Text proposed by the Commission

Amendment

3. In particular, a non-financial parent undertaking that claims that its activities are associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of Regulation (EU) 2020/852 shall disclose the following indicators:

deleted

(a) the proportion of its turnover derived from products or services associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of that Regulation;

(b) the proportion of its capital expenditure related to assets or processes associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of that Regulation.

A non-financial parent undertaking that discloses the indicators referred to in the first subparagraph may disclose the proportion of its operating expenditure related to assets or processes associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of that Regulation.

Or. en

Amendment 415

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross, Raffaele Stancanelli

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – paragraph 3

Text proposed by the Commission

Amendment

deleted

(a) the proportion of its turnover derived from products or services associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of that Regulation;

(b) the proportion of its capital expenditure related to assets or processes associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of that Regulation.

Or. en

Amendment 416

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

By way of derogation from Article 8 of Regulation (EU) 2020/852, a non-financial parent undertaking that discloses the indicators referred to in the first subparagraph may not disclose the proportion of its operating expenditure related to assets or processes associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of that Regulation.

Or. en

Justification

This amendment expands the voluntary disclosure of opex indicators, in the Taxonomy Regulation, to parent undertakings.

Amendment 417

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross, Raffaele Stancanelli

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – paragraph 4

Text proposed by the Commission

Amendment

4. In particular, a non-financial parent undertaking that claims that its activities are associated with economic activities that fulfil only certain requirements of Article 3 of Regulation (EU) 2020/852 shall disclose the following indicators:

deleted

(a) the proportion of its turnover derived from products or services associated with economic activities fulfilling only certain requirements of Article 3 of that Regulation;

(b) the proportion of its capital expenditure related to assets or processes associated with economic activities that fulfil only certain requirements of Article 3 of that Regulation;

A non-financial parent undertaking that discloses the indicators referred to in the first subparagraph may disclose the proportion of its operating expenditure related to assets or processes associated with economic activities that fulfil only certain requirements of Article 3 of that Regulation.

Or. en

Amendment 418

Pascale Piera, Julie Rechagneux, Ton Diepeveen, Ernő Schaller-Baross, Raffaele Stancanelli

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2013/34/EU

Article 29aa – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 419

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 6

Directive 2013/34/EU

Article 29b

Text proposed by the Commission

Amendment

(6) Article 29b is amended as follows:

(6) Article 29b is replaced by the following:

‘The Commission shall adopt non-binding instructions to provide sustainability reporting standards that should be simple and understandable, without introducing additional regulatory burdens or costs. Those instructions should also specify, where possible, the structure to be used to present that information.’

Or. en

Amendment 420

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 6 – introductory part

Directive 2013/34/EU

Article 29b – paragraphs 4 – last sentence

Text proposed by the Commission

Amendment

(6) Article 29b is amended as follows:

(6) Article 29b is deleted;

(a) in paragraph 1, the third and fourth subparagraphs are deleted;

(b) in paragraph 4, first subparagraph, the last sentence is replaced by the following:

‘Sustainability reporting standards shall not specify disclosures that would require undertakings to obtain from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of1000 employees during the financial year any information that exceeds the information to be disclosed pursuant to the sustainability reporting standards for voluntary use referred to in Article 29ca.’;

Or. en

Amendment 421

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 6 - point - a (new)

Directive 2013/34

Article 29b – paragraph 2 – subparagraph 1

Present text

Amendment

(-a) paragraph 2 of Article 1 shall be replaced by the following:

The sustainability reporting standards shall ensure the quality of reported information, by requiring that it is understandable, relevant, verifiable, comparable and represented in a faithful manner. The sustainability reporting standards shall avoid imposing a disproportionate administrative burden on undertakings, including by taking account, to the greatest extent possible, of the work of global standard-setting initiatives for sustainability reporting as required by point (a) of paragraph 5.

The sustainability reporting standards shall ensure the quality of reported information, by requiring that it is understandable, reliable, relevant for decision-making purposes, verifiable, comparable and represented faithfully. The sustainability reporting standards shall avoid imposing a disproportionate administrative burden on undertakings, including by focusing exclusively on ESG factors explicitly mentioned in the following subparagraphs of this Directive, using a minimum set of data, and taking into account, to ensure interoperability, the work carried out by the global standard-setting initiatives for sustainability reporting, as required by point 8(a) of paragraph 5.

Or. it

Justification

Amendment 422

Proposal for a directive

Article 2 – paragraph 1 – point 6

Directive 2013/34/EU

Article 29b – paragraphs 1 and 4

Text proposed by the Commission

Amendment

(6) Article 29b is amended as follows:

deleted

(a) in paragraph 1, the third and fourth subparagraphs are deleted;

(b) in paragraph 4, first subparagraph, the last sentence is replaced by the following:

Or. en

Amendment 423

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 6

Directive 2013/34/EU

Article 29b – paragraphs 1 and 4

Text proposed by the Commission

Amendment

(6) Article 29b is amended as follows:

deleted

(a) in paragraph 1, the third and fourth subparagraphs are deleted;

(b) in paragraph 4, first subparagraph, the last sentence is replaced by the following:

Or. en

Amendment 424

Adrián Vázquez Lázara, Maravillas Abadía Jover

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point a a (new)

Directive 2013/34/EU

Article 29b – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

(aa) paragraph 2 is replaced by the following:

2. The sustainability reporting standards shall ensure the quality of reported information, by requiring that it is understandable, relevant, verifiable, comparable and represented in a faithful manner. The sustainability reporting standards shall avoid imposing a disproportionate administrative burden on undertakings, including by taking account, to the greatest extent possible, of the work of global standard-setting initiatives for sustainability reporting as required by point (a) of paragraph 5.

‘2. The sustainability reporting standards shall ensure the quality of reported information, by requiring that it is simple, streamlined, understandable, proportionate, relevant, verifiable, comparable and represented in a faithful manner. The sustainability reporting standards shall:

(a) to the extent possible, be quantitative in nature;

(b) avoid double reporting and any overlap with obligations stemming from other legislative instruments;

(d) ensure interoperability with internationally recognised standards set by global standard-setting initiatives for sustainability reporting as required by paragraph 5, point (a).’;

(e) be grounded in information relevant to investors and in commonly used reporting metrics

Or. en

Justification

This amendment ensures that the streamlined standards are grounded in information that is both relevant to investors and commonly disclosed in current market practices. It aims to avoid unnecessary reporting burdens by aligning requirements with existing, widely used metrics, thereby enhancing clarity, comparability, and usability of sustainability information for us

Amendment 425

Arash Saeidi, Mario Furore

on behalf of The Left Group

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point a

Directive 2013/34/EU

Article 29b – paragraph 1 – subparagraphs 3 and 4

Text proposed by the Commission

Amendment

(a) in paragraph 1, the third and fourth subparagraphs are deleted;

deleted

Or. fr

Justification

Sector-specific reporting requirements can provide businesses with clarity about how to best report on the particularities of their business and supply chains. So even for businesses, it would not be helpful to avoid them.

Amendment 426

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point a

Directive 2013/34/EU

Article 29b – paragraph 1 – subpragraphs 3 and 4

Text proposed by the Commission

Amendment

(a) in paragraph 1, the third and fourth subparagraphs are deleted;

(a) in paragraph 1, the third and fourth subparagraphs are replaced by the following;

‘The Commission will, where appropriate, issue sector-specific guidelines to clarify the application of the sustainability reporting standards to a specific sector, before 1 January 2027 to support undertakings and auditors in assessing their risks, opportunities and impacts in specific sectors, in facilitating the application of ESRS and S-ESRS within a given sector, in identifying the sustainability matters likely to be material for a specific sector and to reduce the burden of reporting by identifying the indicators that are most relevant to specific sectors. Three years after the adoption of this guidance, the Commission shall review if, where necessary, there is a need to adopt delegated acts, in accordance with Article 49, to establish binding sector-specific standards.'

Or. en

Justification

To help companies assess which sectors are material and help them identify the right risks, opportunities and impacts, it is essential to have at least guidelines for sectors that need them, especially to alleviate some of the burden placed on companies. Sector-specific standards should only be adopted if deemed necessary, after the first three years of adoption of the guidelines.

Amendment 427

Axel Voss, Radan Kanev

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point a

Directive 2013/34/EU

Article 29b – paragraph 1 – subpragraphs 3

Text proposed by the Commission

Amendment

(a) in paragraph 1, the third and fourth subparagraphs are deleted;

(a) in paragraph 1, the third subparagraph is deleted;

Or. en

Amendment 428

Axel Voss, Radan Kanev

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point a a (new)

Directive 2013/34/EU

Article 29b – paragraph 1 – subpragraph 4

Present text

Amendment

(a a) in paragraph 1, the fourth subparagraph is replaced by the following;

The Commission shall endeavour to adopt delegated acts containing eight of the sustainability reporting standards referred to in the third subparagraph, point (ii), as soon as each is ready.

‘The Commission shall adopt voluntary sector-specific guidelines. Sector-specific guidelines are especially important in the case of sectors associated with high sustainability risks or impacts on the environment, human rights, and governance, including sectors listed in Sections A to H and Section L of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council, and the relevant activities within those sectors.’

Or. en

Amendment 429

Maravillas Abadía Jover, Adrián Vázquez Lázara

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point a a (new)

Directive 2013/34/EU

Article 29b – paragraph 1 – subpragraph 7a (new)

Text proposed by the Commission

Amendment

(aa) In paragraph 1, the following subparagraph 7a is added:

‘The Commission shall adopt sector-specific guidelines to support companies in the same sector in their conduct of their materiality assessments. Such guidelines shall offer sector-specific support for identifying and disclosing sustainability-related impacts, risks, and opportunities with the aim of ensuring a high level of consistency and comparability in the information reported by undertakings within the relevant sector.’

Or. en

Amendment 430

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point a a (new)

Directive 2013/34/EU

Article 29b – paragraph 2 – subparagraph 1

Prensent text

Amendment

(aa) in paragraph 2, subparagraph 1 is amended as follows:

The sustainability reporting standards shall ensure the quality of reported information, by requiring that it is understandable, accessible, relevant, verifiable, comparable and represented in a faithful manner. The standards shall provide for relevant differentiation according to differences in sectors. To the extent possible, they should be based on specific measurable science-based objectives and quantitative in nature. The sustainability reporting standards shall avoid imposing a disproportionate administrative burden on undertakings, including by ensuring the Commission and Member States avoid double reporting and streamline overlaps in obligations in different instruments, as well as provide practical guidance and other support measures for the use of the standards. Furthermore, the EU and Member States shall use the EU sustainability standards as a baseline to reinforce global standard-setting initiatives for sustainability reporting.

Or. en

Amendment 431

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point a a (new)

Directive 2013/34/EU

Article 29b – paragraph 2 – subparagraph 1

Present text

Amendment

(aa) in paragraph 2, the first subparagraph is amended as follows:

The sustainability reporting standards shall ensure the quality of reported information, by requiring that it is understandable, not excessively granular, relevant, verifiable, comparable and represented in a faithful manner. The information may only be based on estimates if these are based on established, reliable methodologies widely used among undertakings. The sustainability reporting standards shall avoid imposing an administrative burden or disproportionate cost on undertakings and must take into account, to the greatest extent possible, ISSB standards.

Or. it

Justification

The complexity of the sustainability reporting framework stems mainly from the way in which the sustainability reporting standards under Directive 2013/34 have been laid down in Commission delegated acts. The ‘guiding principles’ for standards therefore need to be strengthened at Level 1. In particular, it is necessary to clearly exclude from the standards both excessively-detailed information, which detracts from the essential information, and information that entails excessive costs.

Amendment 432

Emil Radev

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point a a (new)

Directive 2013/34/EU

Article 29b – paragraph 2 – subparagraph 1

Present text

Amendment

(aa) paragraph 2 is replaced by the following:

" ‘2. The sustainability reporting standards shall ensure the quality of reported information, by requiring that it is simple, streamlined, understandable, proportionate, relevant, verifiable, comparable and represented in a faithful manner. The sustainability reporting standards shall: (a) to the extent possible, be quantitative in nature; (b) avoid double reporting and any overlap with obligations stemming from other legislative instruments; (c) avoid imposing a disproportionate administrative and financial burden on undertakings; and (d) ensure interoperability with internationally recognised standards set by global standard-setting initiatives for sustainability reporting as required by paragraph 5, point (a).’;

Or. en

Amendment 433

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point a b (new)

Directive 2013/34/EU

Article 29b – paragraph 2 – subparagraph 3 (new)

Text proposed by the Commission

Amendment

(ab) in paragraph 2 a third subparagraph is added:

‘Undertakings shall be allowed to omit relevant information when this is subject to legal limitations on disclosure or is not available or incomplete.’

Or. it

Justification

As in other international standards (e.g. the GRI), there should be a general principle that undertakings should be able to omit relevant information when it is subject to legal disclosure limits, is unavailable or is incomplete.

Amendment 434

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point b – introductory part

Directive 2013/34/EU

Article 29b – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

(b) in paragraph 4, first subparagraph, the last sentence is replaced by the following:

(b) in paragraph 4, the first subparagraph is replaced by the following:

Sustainability reporting standards shall take account of the difficulties that undertakings may encounter in gathering information from actors throughout their value chain, especially from those which are not subject to the sustainability reporting requirements laid down in Article 19a or 29a and from suppliers in emerging markets and economies. Sustainability reporting standards shall specify disclosures on value chains that are proportionate and relevant to the capacities and the characteristics of undertakings in value chains, and to the scale and complexity of their activities, especially those of undertakings that are not subject to the sustainability reporting requirements in Article 19a or 29a. Sustainability reporting standards shall not specify disclosures that would require undertakings to obtain from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of1000 employees during the financial year any information that exceeds the information to be disclosed pursuant to the sustainability reporting standards for voluntary use referred to in Article 29ca.;

‘Sustainability reporting standards shall take account of the difficulties that undertakings might encounter in gathering information from actors throughout their chain of activities, especially from those which are not subject to the sustainability reporting requirements laid down in Article 19a or 29a and from suppliers in emerging markets and economies. Sustainability reporting standards shall specify disclosures on chains of activities that are proportionate and relevant to the capacities and characteristics of undertakings in the chains of activities, and to the scale and complexity of their activities, especially those of undertakings that are not subject to the sustainability reporting requirements laid down in Article 19a or 29a. Sustainability reporting standards shall not specify disclosures that would require undertakings to obtain from undertakings in their chain of activities which, on their balance sheet dates, do not exceed the average number of 5000 employees and a net turnover of EUR 1.5 billion during the financial year any information that exceeds the information to be disclosed pursuant to the sustainability reporting standards for voluntary use referred to in Article 29ca.’;

Or. en

Amendment 435

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point b

Directive 2013/34/EU

Article 29b – paragraph 4 – first subparagraph – last sentence

Text proposed by the Commission

Amendment

Sustainability reporting standards shall not specify disclosures that would require undertakings to obtain from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of1000 employees during the financial year any information that exceeds the information to be disclosed pursuant to the sustainability reporting standards for voluntary use referred to in Article 29ca.;

Sector-agnostic sustainability reporting standards shall not specify disclosures concerning specific sustainability matters that would require undertakings to obtain from small and medium-sized undertakings, , in their value chain information that exceeds the information covered by the sustainability reporting standards developed for their respective mandatory or voluntary use referred to in Article 29c. This provision is without prejudice to obtaining information necessary for calculating the undertaking’s GHG emissions and for disclosing sustainability due diligence-related information.;

Or. en

Amendment 436

Pascale Piera, Julie Rechagneux, Ton Diepeveen

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point b

Directive 2013/34/EU

Article 29b – paragraph 4 – subparagraph 1 – last sentence

Text proposed by the Commission

Amendment

Sustainability reporting standards shall not specify disclosures that would require undertakings to obtain from undertakings in their chain of activities which, on their balance sheet dates, do not exceed the average number of 10000 employees during the financial year any information.

Or. en

Amendment 437

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 6 – point b

Directive 2013/34/EU

Article 29b – paragraph 4 – subparagraph 1 – last sentence

Text proposed by the Commission

Amendment

Sustainability reporting standards shall not specify disclosures that would require undertakings to obtain from undertakings in their value chain which, on their balance sheet dates, do not exceed the average number of 500 employees during the financial year any information that exceeds the information to be disclosed pursuant to the sustainability reporting standards for voluntary use referred to in Article 29ca.;

Or. en

Amendment 438

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 6 a (new)

Directive 2013/34/EU

Article 29ba (new)

Text proposed by the Commission

Amendment

(6 a) the following Article 29ba is inserted:

‘Article 29ba

Simplified sustainability reporting standards for medium-large undertakings and medium-large groups

1. By [12 months following the adoption of this amending Directive], the Commission shall adopt delegated acts, in accordance with Article 49, supplementing this Directive to provide for simplified sustainability reporting standards (hereinafter ‘S-ESRS’) for the entities referred to in Article 19a(5a) that are proportionate and relevant to their capacities and characteristics and to the scale and complexity of their activities, as well as to the associated sustainability-related risks and impacts. These S-ESRS shall specify the information that is to be reported by the entities referred to in Article 19a(5a), in accordance with that paragraph.

2. The S-ESRS referred to in paragraph 1 shall take into account the criteria set out in Article 29b(2) to (5). They shall also, to the extent possible, specify the structure to be used to present that information.

3. The Commission shall, at least every three years after their date of application, review the delegated acts adopted pursuant to this Article, taking into consideration the technical advice of EFRAG and, where necessary, it shall amend such delegated acts to take into account relevant development, including developments with regard to international standards.’

Or. en

Justification

In order to lighten the administrative burden for undertakings in the new medium-large undertakings tier (from 500 to 1 000 employees), these will benefit from lighter version of the ESRS, called S-ESRS. These standards will allow these companies to start having a reporting process, but with a limited amount of indicators and requirements adapted to their size.

Amendment 439

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point a a (new)

Directive 2013/34/EU

Article 29b – paragraph 3 b (new)

Text proposed by the Commission

Amendment

(aa) paragraph 3a is inserted:

When revising the ESRS standards, the European Commission, on the recommendation of EFRAG, may suspend the application of certain provisions of the CSRD contained in Article 19a(2), Article 29a(2) and Article 29b(2), if the costs for preparers resulting from the application of those provisions outweigh the benefits for users. Following the suspension of the provisions of the Directive, the European Commission shall launch the process of updating the Directive itself in order to assess whether the suspended provisions should be adjusted or removed.

Or. it

Justification

It is necessary to provide for a standard that allows maximum scope for simplification in the revision phase of ESRS standards.

Amendment 440

Arash Saeidi, Mario Furore

on behalf of The Left Group

Proposal for a directive

Article 2 – paragraph 1 – point 7

Directive 2013/34/EU

Article 29c

Text proposed by the Commission

Amendment

(7) Article 29c is deleted;

deleted

Or. fr

Justification

Les normes de reporting en matière de durabilité pour les PME, telles qu’établies dans la CSRD, doivent être maintenues. Leur remplacement par la norme volontaire pour les PME n’est pas suffisant, car cette dernière a été conçue pour les petites et moyennes entreprises, et non pour les entreprises comptant entre 250 et 1 000 salariés, et n’a pas été testée avec ces entreprises de taille plus importante. Les normes européennes de reporting de durabilité (ESRS) protègent déjà les PME en n’exigeant pas des entreprises qu’elles obtiennent directement des informations de leurs fournisseurs si cela n’est pas faisable, nécessite un effort disproportionné ou si les données ne seraient pas fiables. Les ESRS prévoient en outre des phases de mise en œuvre progressives pour les entreprises de moins de 750 salariés.

Amendment 441

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 7

Directive 2013/34/EU

Article 29c

Text proposed by the Commission

Amendment

(7) Article 29c is deleted;

(7) Article 29c is amended as follows:

(i) the title is replaced by the following:

Sustainability reporting standards for small and medium-sized undertakings and midcap undertakings and additional support measures

(ii) the following new paragraph 1a is inserted:

‘1a. The Commission shall, by 30 June 2026, adopt delegated acts in accordance with Article 49 supplementing this Directive to provide for a simplified set of sustainability reporting standards for undertakings which, on their balance sheet dates, have an average number of employees between 250 and 500 during the financial year. This set shall be based on and compatible with the sector-agnostic standards set of reporting standards adopted in the Delegated Regulation (EU) 2023/2772and shall be proportionate and relevant to the capacities and the characteristics of these undertakings and to the scale and complexity of their activities.’

The reporting requirements laid down in the delegated acts referred to in the first subparagraph shall not enter into force earlier than four months after their adoption by the Commission.

(iii) paragraph 2 is replaced by the following:

‘2. Sustainability reporting standards for undertakings referred to in paragraph 1 and 1a shall take into account the criteria set out in Article 29b(2) to (5). They shall specify the information that concerned undertakings are to disclose about key metrics relevant for undertakings in all sectors, and their material impacts in order to facilitate the ability of the undertakings subject to the obligation to prepare sustainability statement in line with standards specified in Article 29b to map likely adverse impacts in their value chain without directly engaging with each and every value chain actor. They shall also, to the extent possible, specify the structure to be used to present that information.’

(iv) the following paragraph 3 is added:

‘3a. Member States shall ensure that a specific portal for undertakings referred to in paragraph 1 and 1a is available where they may seek guidance and obtain further support and information about how best to perform voluntary and mandatory reporting.

The Commission shall develop guidelines on methodologies of applying and calculating standards as well as develop concrete tools, such as formulas, digital tools and software for SMEs to apply standards to their individual situation and for relevant calculations.’

Or. en

Amendment 442

Arash Saeidi, Mario Furore

on behalf of The Left Group

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca

Text proposed by the Commission

Amendment

(8) the following Article 29ca is inserted:

deleted

‘Article 29ca

Sustainability reporting standards for voluntary use

1. To facilitate voluntary reporting of sustainability information by undertakings other than those referred to in Articles 19a(1) and 29a(1), the Commission shall adopt a delegated act by [4 months after entry into force of this Directive] in accordance with Article 49 supplementing this Directive to provide for sustainability reporting standards for voluntary use by such undertakings.

Or. fr

Justification

Restreindre les informations que les grandes entreprises peuvent demander à leurs partenaires commerciaux et sous-traitants réduira considérablement leur capacité à comprendre et à traiter les principaux impacts, risques et opportunités en matière de durabilité dans leur chaîne de valeur. La Banque centrale européenne (BCE) souligne que des données fiables, cohérentes et comparables sont une condition préalable à l’évaluation des risques financiers liés aux facteurs de durabilité. Or, on constate actuellement un manque de disponibilité, de qualité, de granularité, de comparabilité et de transparence des données ESG. Le champ d’application initial de la collecte de données prévu par la CSRD est essentiel pour combler ces lacunes en matière de données, tant pour l’élaboration des politiques que pour l’évaluation et le suivi des risques. La norme volontaire pour les PME ne couvre pas les informations relatives aux impacts et aux actions des entreprises, à leur exposition à des chaînes de valeur à haut risque, aux données clés sur les risques climatiques et les émissions de gaz à effet de serre, ni à la durabilité sociale au-delà des données de base sur les effectifs. Elle n’est donc pas suffisante pour combler ces lacunes. D’ailleurs, le rapport Draghi a recommandé la norme applicable aux PME cotées en bourse plutôt que la norme volontaire pour les PME.

Amendment 443

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca

Text proposed by the Commission

Amendment

(8) the following Article 29ca is inserted:

deleted

‘Article 29ca

Sustainability reporting standards for voluntary use

Or. en

Amendment 444

Kira Marie Peter-Hansen

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca

Text proposed by the Commission

Amendment

(8) the following Article 29ca is inserted:

deleted

‘Article 29ca

Sustainability reporting standards for voluntary use

Or. en

Amendment 445

Pascale Piera, Julie Rechagneux, Ton Diepeveen

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca

Text proposed by the Commission

Amendment

(8) the following Article 29ca is inserted:

deleted

‘Article 29ca

Sustainability reporting standards for voluntary use

Or. en

Amendment 446

Arash Saeidi, Mario Furore

on behalf of The Left Group

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca – title

Text proposed by the Commission

Amendment

Sustainability reporting standards for voluntary use

deleted

Or. fr

Amendment 447

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca

Text proposed by the Commission

Amendment

Sustainability reporting standards for voluntary use

Sustainability reporting instructions for voluntary use

Or. en

Amendment 448

Arash Saeidi, Mario Furore

on behalf of The Left Group

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca – paragraph 1

Text proposed by the Commission

Amendment

deleted

Or. fr

Amendment 449

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/UE

Article 29ca – paragraph 1

Text proposed by the Commission

Amendment

1. 1. To facilitate voluntary reporting of sustainability information by undertakings other than those referred to in Articles 19a(1) and 29a(1), the Commission shall adopt a delegated act by [4 months after entry into force of this Directive] in accordance with Article 49 supplementing this Directive to provide for sustainability reporting standards for voluntary use by such undertakings. For small and medium-sized enterprises (SMEs), that delegated act shall refer to the voluntary SME standard developed by EFRAG, setting out, to the extent possible, the structure to be used to present the sustainability information.

Or. it

Justification

The important work done by EFRAG in cooperation with key stakeholders needs to be maintained. The delegated act should de facto transpose the VSME standard, shielding SMEs from further, in-depth, reporting, which would also create market uncertainty.

Amendment 450

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 451

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca – paragraph 1

Text proposed by the Commission

Amendment

1. To facilitate voluntary reporting of sustainability information by undertakings other than those referred to in Articles 19a(1) and 29a(1), the Commission shall adopt a delegated act by [12 months after entry into force of this Directive] in accordance with Article 49 supplementing this Directive to provide for sustainability reporting standards for voluntary use by such undertakings.

Or. en

Amendment 452

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca – paragraph 1a

Text proposed by the Commission

Amendment

1 a. In the delegated act referred to in paragraph 1, the Commission shall, by [12 months after entry into force of this Directive], specify the information that concerned undertakings are to disclose, including:

(a) a brief description of the undertaking’s business model and strategy;

(b) a description of the undertaking’s policies in relation to sustainability matters;

(c) the principal actual or potential adverse impacts of the undertaking on sustainability matters, and any actions taken to identify, monitor, prevent, mitigate or remediate such actual or potential adverse impacts, including the due diligence process, adverse impacts and actions referred to in Article 19a, paragraph 2(f) and Article 29a, paragraph 2(f);

(d) the principal risks to the undertaking related to sustainability matters and how the undertaking manages those risks;

(e) key indicators necessary for the disclosures referred to in points (a) to (d).

The standards within the delegated act shall be compatible with the first set of sector-agnostic standards adopted in the Delegated Regulation (EU) 2023/2772 and take into account the requirements of related EU legislation , including Regulation 2021/1119, Regulation 2020/1818, Regulation 2019/2088, Regulation 2020/852, and the Pillar 3 disclosure requirements of the European Banking Authority.

The delegated act shall specify the information that concerned undertakings are to disclose about key metrics relevant for undertakings in all sectors, and their material impacts, in order to facilitate the ability of large undertakings to prepare sustainability statements, in line with standards specified in Article 29b, to map likely adverse impacts in their value chain without necessarily directly engaging with every value chain actor.

Or. en

Amendment 453

Arash Saeidi, Mario Furore

on behalf of The Left Group

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. fr

Amendment 454

Axel Voss, Radan Kanev

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca – paragraph 2

Text proposed by the Commission

Amendment

2. The sustainability reporting standards referred to in paragraph 1 shall be proportionate to the size of the undertaking, and be relevant for the capacities and the characteristics of the undertakings for which they are designed and to the scale and complexity of their activities. They shall also, to the extent possible, specify the structure to be used to present such sustainability information, and alongside risks and opportunities. Companies within the value chain should be responsible for selecting and using the correct template, so that companies requesting information are not required to assess or map the size categories of all entities in their value chain. Companies within the undertakings’ value chain should prioritise first the information on the most severe impacts when available.

Or. en

Amendment 455

Pascal Canfin

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca – paragraph 2

Text proposed by the Commission

Amendment

2. The sustainability reporting standards referred to in paragraph 1 shall be proportionate to and relevant for the capacities and the characteristics of the undertakings for which they are designed and to the scale and complexity of their activities. They shall take into account the criteria set out in Article 19a(2), Article 19a(5a), the sustainability reporting standards under Article 29b, the simplified sustainability reporting standards under Article 29ba and information that financial market participants need in order to comply with their obligations, such as Regulation (EU) 2019/2088. They shall also, to the extent possible, specify the structure to be used to present such sustainability information.;

Or. en

Justification

To streamline information requests, the standards for voluntary use should take into account the criteria for large and medium-large undertakings, as well as parents undertakings, and the information needed for SFDR reporting. This will help undertakings to answer to several requests for information using the data they have available through their standards for voluntary use.

Amendment 456

Javier Zarzalejos, Miriam Lexmann

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca – paragraph 2

Text proposed by the Commission

Amendment

2. The sustainability reporting standards referred to in paragraph 1 shall be fit for the purpose of assessing the potential risks, proportionate to and relevant for the capacities and the characteristics of the undertakings for which they are designed and to the scale and complexity of their activities. They shall also, to the extent possible, specify the structure to be used to present such sustainability information. ;

Or. en

Amendment 457

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca –paragraph 2

Text proposed by the Commission

Amendment

2. The sustainability reporting instructions referred to in paragraph 1 shall be proportionate to and relevant for the capacities and the characteristics of the undertakings for which they are designed and to the scale and complexity of their activities. They shall also, to the extent possible, specify the structure to be used to present such sustainability information.;

Or. en

Amendment 458

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 459

Billy Kelleher, Morten Løkkegaard

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca – paragraph 2a (new)

Text proposed by the Commission

Amendment

2 a. Companies that have obtained third-party verification of all or part of their product lines, services or operations may, where relevant, refer to such verification to the large undertakings organisations subject to the reporting obligations laid down in Article 19a, paragraph 1. In such cases, they shall not be subject to any additional reporting requirements under the standards laid down in this Article.

Or. en

Amendment 460

Pascale Piera, Julie Rechagneux, Ton Diepeveen

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2013/34/EU

Article 29ca – paragraph 2a (new)

Text proposed by the Commission

Amendment

2a. These voluntary sustainability information standards may not be the subject of any requests for information from companies falling within the scope of this Directive.

Or. en

Amendment 461

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2013/34/EU

Article 29d – title

Text proposed by the Commission

Amendment

Single electronic reporting format

Electronic reporting format

Or. en

Amendment 462

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2013/34/EU

Article 29d – paragraph 1

Text proposed by the Commission

Amendment

1. Undertakings subject to the requirements of Article 19a of this Directive shall prepare their management report in the electronic reporting format specified in Article 3 of Commission Delegated Regulation (EU) 2019/815* and shall mark up their sustainability reporting, including the disclosures provided for in Article 8 of Regulation (EU) 2020/852, in accordance with the electronic reporting format to be specified in that Delegated Regulation. Until such rules on the marking up are adopted by way of that Delegated Regulation, undertakings shall not be required to mark up their sustainability reporting.

__________________________

* Commission Delegated Regulation (EU) 2018/815 of 17 December 2018 supplementing Directive 2004/109/EC of the European Parliament and of the Council with regard to regulatory technical standards on the specification of a single electronic reporting format (OJ L 143, 29.5.2019, p. 1, ELI: http://data.europa.eu/eli/reg_del/2019/815/oj).’;

Or. it

Justification

The obligation to mark up information on sustainability in accordance with the specifications of the ESEF Regulation constitutes a very significant burden for businesses. The development of AI system reading capabilities could make this aspect of the Regulation redundant.

Amendment 463

Axel Voss

Proposal for a directive

Article 2 – paragraph 1 – point 9

directive 2013/34/EU

Article 29d – paragraph 1

Text proposed by the Commission

Amendment

__________________________

Or. en

Justification

The bureaucratic burden of tagging is disproportionate to the benefits. In practice, tagging has proven to be complex, time-consuming and highly resource-intensive as it is based on the iXBRL-technology invented in the 1990s and out of fashion today.

Amendment 464

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2013/34/EU

Article 29d – paragraph 1

Text proposed by the Commission

Amendment

1. Undertakings subject to the requirements of Article 19a of this Directive can prepare their management report in the electronic reporting format specified in Article 3 of Commission Delegated Regulation (EU) 2019/815* and shall mark up their sustainability reporting, including the disclosures provided for in Article 8 of Regulation (EU) 2020/852, in accordance with the electronic reporting format to be specified in that Delegated Regulation. Until such rules on the marking up are adopted by way of that Delegated Regulation, undertakings shall not be required to markup their sustainability reporting.

__________________________

Or. en

Amendment 465

Mario Mantovani

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2013/34/EU

Article 29d – paragraph 2

Text proposed by the Commission

Amendment

2. Parent undertakings subject to the requirements of Article 29a shall prepare their consolidated management report in the electronic reporting format specified in Article 3 of Delegated Regulation (EU) 2019/815 and shall mark up their sustainability reporting, including the disclosures provided for in Article 8 of Regulation (EU) 2020/852, in accordance with the electronic reporting format to be specified in that Delegated Regulation. Until such rules on the marking up are adopted by way of that Delegated Regulation, parent undertakings shall not be required to mark up their sustainability reporting.;

Or. it

Justification

Amendment 466

Axel Voss

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2013/34/EU

Article 29d – paragraph 2

Text proposed by the Commission

Amendment

Furthermore, the iXBRL mark-up requirements should be eliminated also for annual financial reports which would simplify significantly the ESEF Regulation (EU) 2019/815. Ideally, the ESEF Regulation would also stipulate that PDF can be used as the required format for annual financial reports.

Or. en

Justification

Amendment 467

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2013/34/EU

Article 29d – paragraph 2

Text proposed by the Commission

Amendment

2. Parent undertakings subject to the requirements of Article 29a can prepare their consolidated management report in the electronic reporting format specified in Article 3 of Delegated Regulation (EU) 2019/815 and shall mark up their sustainability reporting, including the disclosures provided for in Article 8 of Regulation (EU) 2020/852, in accordance with the electronic reporting format to be specified in that Delegated Regulation. Until such rules on the marking up are adopted by way of that Delegated Regulation, parent undertakings shall not be required to markup their sustainability reporting.;

Or. en

Amendment 468

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2013/34/EU

Article 29d – paragraph 2a

Text proposed by the Commission

Amendment

2a. The Commission shall assess, by 31st December 2026 at the latest, the feasibility of establishing a centralised digital reporting interface to complement the European Single Access Point, to facilitate the digitisation of corporate sustainability reporting, disseminate guidance and information and increase the machine-readability and comparability of data.

Or. en

Amendment 469

Tobiasz Bocheński, Kosma Złotowski

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2013/34/EU

Article 29d – paragraph 2a

Text proposed by the Commission

Amendment

2 a. Member States may specify reporting formats other than that specified in paragraphs 1 and 2.

Or. en