Question for written answer
to the Commission
Rule 130
Alfred Sant (S&D)

Subject: Reporting abilities for non-EU companies in the Public CbCR Directive

The US has specific legislation on trade secrets and treats the confidentiality of information in a stricter way than the EU.
The Commission proposed a Directive 2016/0107 on the disclosure of income tax information by certain undertakings and branches, which would redefine the limits of confidentiality of business
information.
The Article 48e on the Responsibility for making public the report on income tax information, in its second paragraph, stipulates that the members of the subsidiary undertakings “have collective responsibility for ensuring that, to the best of their knowledge and ability, the report on income tax information is drawn up, published and made accessible”.
Thus, could the Commission answer to the following questions:
– If a US subsidy operates in the EU and if the US mother company forbids, according to US law, to proceed to the disclosure of certain information, what are the legal ways to oblige the subsidiary to report in contradiction of its law of origin?
– If EU subsidiaries of non-EU companies have to comply with EU rules “to the best of their knowledge and ability”, how will the Commission ensure that subsidiaries of EU companies will not be de facto treated in a stricter way?