Activities of Klaus-Heiner LEHNE related to 2011/0359(COD)
Legal basis opinions (0)
Amendments (54)
Amendment 200 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Where a cooperative within the meaning of Article 2(14), or a similar entity as referred to in Article 45 of Directive 86/635/EEC, a subsidiary or a legal successor, a savings bank or similar entity as referred to in Article 45 of Directive 86/635/EEC is required or permitted under national provisions to be a member of a non-profit-making auditing entity, an objective, reasonable and informed party would not conclude that the membership-based relationship compromises the statutory auditor's independence, provided that when such an auditing entity is conducting a statutory audit of one of its members, the principles of independence in Chapter I are applied to the auditors carrying out the audit and those persons who may be in a position to exert influence on the statutory audit.
Amendment 202 #
Proposal for a regulation
Recital 11
Recital 11
(11) The provision of services other than statutory audit to audited entities by statutory auditors, audit firms or members of their networks may compromise their independence. Therefore, it is appropriate to require the statutory auditor, the audit firm and the members of their network not to provide prohibited non-audit services to their audited entities in the period covered by the financial statements to be audited. The provision of non-audit services by an audit firm to a company would prevent that audit firm from carrying out statutory audit of that company, thus resulting in a reduction of the audit firms available to provide statutory audit, in particular with regard to the audit of large public-interest entities where the market is concentrated. As a result, in order to secure that a minimum number of audit firms is able to provide audit services to large public- interest entities, it is appropriate to request that audit firms of significant dimension focus their professional activity on the carrying out of statutory audit and are not allowed to undertake other services unconnected to their statutory audit function such as consultancy or advisory services.
Amendment 209 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 210 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 213 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 219 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 220 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 230 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 232 #
Proposal for a regulation
Recital 36
Recital 36
(36) The cooperation between the competent authorities of the Member States can make an important contribution to ensuring consistently high quality in the statutory audit in the Union. Therefore, the competent authorities of the Member States should cooperate with each other, where necessary, for the purpose of carrying out their supervisory duties regarding statutory audits. They should respect the principle of home-country regulation and oversight by the Member State in which the statutory auditor or audit firm is approved and the audited entity has its registered office. The cooperation between competent authorities would be particularly enhanced if organised within the framework of the Joint Committee of European Supervisory Authorities (ESA), under the leadership of the European Securities and Markets Authority (ESMA) set up by Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities Market Authority)29. ESMA, with the assistance of the European Banking Authority (EBA) set up by Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority)30 and the European Insurance and Occupational Pensions Authority (EIOPA) set up by Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority)31 ,European Group of Auditors' Oversight Bodies (EGAOB) which should contribute to that cooperation by providing advice and guidelines to national competent authoritiesto the European Commission.
Amendment 237 #
Proposal for a regulation
Recital 41
Recital 41
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Member States may exempt public- interest entities which have not issued transferable securities admitted to trading on a regulated market within the meaning of point 14 of Article 4(1) of Directive 2004/39/EC and their statutory auditor(s) or audit firm(s) from one or more of the requirements of this Regulation.
Amendment 255 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point j
Article 6 – paragraph 1 – subparagraph 1 – point j
(j) a statutory auditor or an audit firm shall have adequate remuneration policies providing sufficient performance incentives to secure audit quality. In particular, the compensation and performance evaluation of employees, including key audit partners, shall not be contingent on the amount of revenue that the statutory auditor or the audit firm derives from the audited entityselling non-assurance services to the audited entity; this does not preclude normal profit-sharing arrangements between partners of a firm;
Amendment 272 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Where Article 37 (2) of Directive 2006/43/EC applies paragraph 2 and 3 of this Article shall not apply.
Amendment 278 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Prohibition of the provision of non-audit services
Amendment 301 #
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) an audit of the financial information of a group component, an audit of one or more account balances, classes of transactions or disclosures relating to the likely significant risks of material misstatement of the group financial statements; specified audit procedures relating to the likely significant risks of material misstatement of the group financial statements.
Amendment 331 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point v a (new)
Article 10 – paragraph 3 – subparagraph 3 – point a – point v a (new)
(va) legal or tax advisory services that extend beyond the presentation of structuring alternatives and that would have a direct and material impact on the financial statements to be audited;
Amendment 386 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3
Article 10 – paragraph 4 – subparagraph 3
Amendment 408 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
Amendment 415 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 429 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The statutory auditor(s) or the audit firm(s) shall comply with the international auditing standards referred to inas adopted under Article 26 of Directive 2006/43/EC when carrying out the statutory audit of public-interest entities as long as those standards are in conformity with the requirements of this Regulation.
Amendment 439 #
Proposal for a regulation
Article 22 – paragraph 2 – point c a (new)
Article 22 – paragraph 2 – point c a (new)
(ca) report on - whether the management report has been prepared in accordance with the applicable legal requirements - whether according to the auditor's knowledge and understanding of the undertaking and its environment obtained during the course of the audit, the management report as a whole suitably presents the undertaking's position, the opportunities and principal risks and uncertainties of its likely future development.
Amendment 440 #
Proposal for a regulation
Article 22 – paragraph 2 – point e
Article 22 – paragraph 2 – point e
Amendment 450 #
Proposal for a regulation
Article 22 – paragraph 2 – point t
Article 22 – paragraph 2 – point t
(t) give an opinion which shall state clearly the opinion of the statutory auditor(s) or the audit firm(s) as to whether the annual or consolidated financial statements as well as the management report give a true and fair view and have been prepared in accordance with the relevant financial reporting framework and, where appropriate, whether the annual or consolidated financial statements as well as the management report comply with statutory requirements; the audit opinion shall be either unqualmodified, qualified, an adverse opinion or, if the statutory auditor(s) or audit firm(s) are unable to express an audit opinion, a disclaimer of opinion. In case of a qualified or an adverse opinion or a disclaimer of opinion, the report shall explain the reasons of such decision;
Amendment 453 #
Proposal for a regulation
Article 22 – paragraph 2 – point w
Article 22 – paragraph 2 – point w
Amendment 458 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 460 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
The statutory auditor(s) or the audit firm(s) carrying out statutory audit of public- interest entities shall submit an additional report to the audit committee of the audited entity.
Amendment 471 #
Proposal for a regulation
Article 23 – paragraph 2 – point a a (new)
Article 23 – paragraph 2 – point a a (new)
(aa) if not already disclosed in the management report or the annual financial statements for the same financial year, indicate the date of the appointment of the statutory auditor(s) or the audit firm and the period of total uninterrupted engagement including previous renewals and reappointments of the statutory auditor(s) or the audit firm;
Amendment 480 #
Proposal for a regulation
Article 23 – paragraph 2 – point h a (new)
Article 23 – paragraph 2 – point h a (new)
Amendment 481 #
Proposal for a regulation
Article 23 – paragraph 2 – point j
Article 23 – paragraph 2 – point j
Amendment 485 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The statutory auditor or audit firm has to discuss the additional report with the audit committee.
Amendment 503 #
Proposal for a regulation
Article 26
Article 26
Amendment 506 #
Proposal for a regulation
Article 27
Article 27
Amendment 508 #
Proposal for a regulation
Article 28
Article 28
Amendment 510 #
Proposal for a regulation
Article 29
Article 29
Amendment 513 #
Proposal for a regulation
Article 30
Article 30
Amendment 514 #
Proposal for a regulation
Article 31
Article 31
Amendment 529 #
Proposal for a regulation
Article 32
Article 32
Amendment 630 #
Proposal for a regulation
Article 34
Article 34
Amendment 636 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Each Member State shall designate a competent authorityies responsible for carrying out the tasks provided for in this Regulation and for ensuring that the provisions of this Regulation are applied.
Amendment 640 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2 – point c
Article 35 – paragraph 1 – subparagraph 2 – point c
(c) the competent authorityies referred to in Article 32 of Directive 2006/43/EC.
Amendment 662 #
Proposal for a regulation
Article 38 – paragraph 5 – subparagraph 1
Article 38 – paragraph 5 – subparagraph 1
Where a cooperative within the meaning of Article 2(14) of Directive 2006/43/EC or a similar entity as referred to in Article 45 of Directive 86/635/EEC is required or permitted under national law to be a member of a non-profit-making auditing entity, the competent authority referred to in Article 35(1) may decide that certain provisions set out underMember States may decide that this Regulation shall not apply to the statutory audit of such entity provided that the principles of independence laid down in Chapter I of this Regulation are complied with by the statutory auditor carrying out the statutory audit and by persons who may be in a position to influence the statutory audit. For the purpose of deciding upon such exceptional situations of non-application of certain provisions of this Regulation, the competent authority referred to in Article 35(1) shall consult the supervisory authority of the cooperative or the similar entity where appropriate.
Amendment 663 #
Proposal for a regulation
Article 38 – paragraph 5 – subparagraph 2
Article 38 – paragraph 5 – subparagraph 2
Amendment 672 #
Proposal for a regulation
Article 46 – title
Article 46 – title
ESMAuropean Group of Auditors' Oversight Bodies (EGAOB).
Amendment 673 #
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 1
Article 46 – paragraph 1 – subparagraph 1
The cooperation between competent authorities shall be organised within the framework of ESMAGAOB.
Amendment 677 #
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 2
Article 46 – paragraph 1 – subparagraph 2
Amendment 678 #
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 3
Article 46 – paragraph 1 – subparagraph 3
ESMAGAOB shall cooperate with EBA and, EIOPA within the framework of the Joint Committee of the European Supervisory Authorities established in Article 54 of Regulation (EU) No 1095/2010and ESMA.
Amendment 681 #
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 4
Article 46 – paragraph 1 – subparagraph 4
ESMAGAOB shall take over, as appropriate, all existing and ongoing tasks from the European Group of Auditors Oversight Bodies (EGAOB) created by Decision 2005/909/EC.
Amendment 682 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. ESMAGAOB shall provide advice to the competent authorities in the cases provided for in this Regulation. The Competent authorities shall consider that advice before taking any final decision under this Regulation.
Amendment 684 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
Amendment 688 #
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
Amendment 696 #
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
Amendment 720 #
Proposal for a regulation
Title 5
Title 5
Amendment 731 #
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68 a Organization of EGAOB The EGAOB shall organize its own operational arrangements and adopt its own rules of procedure. The rules of procedure shall amongst others stipulate the election of a chairperson from among its members, funding arrangements by the members and the establishment of working groups. The EGAOB shall publish an annual report. The EGAOB shall take up its duties at the latest on X.X.20XX [three months after the entry into force of the Regulation].
Amendment 740 #
Proposal for a regulation
Annex 1
Annex 1