BETA

42 Amendments of Jean-Pierre AUDY related to 2011/0359(COD)

Amendment 131 #
Proposal for a regulation
Article 24 – title
OversightChecking of the statutory audit by the audit committee
2012/10/19
Committee: ITRE
Amendment 132 #
Proposal for a regulation
Article 24 – paragraph 1
The audit committee of the public-interest entity shall monitorcheck the work of the statutory auditor(s) or audit firm(s) carrying out the statutory audit.
2012/10/19
Committee: ITRE
Amendment 147 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
1. The public-interest entity shall appoint a statutory auditor or audit firm for an initial engagement that shall not be shorter than two period of four consecutive years.
2012/10/19
Committee: ITRE
Amendment 154 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
The public-interest entity may renew this engagement only oncengagement shall be renewable.
2012/10/19
Committee: ITRE
Amendment 158 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 3
The maximum duration of the combinedMember States may extend this period with a view two engagements shall not exceed 6 yearsmaking the statutory auditor or audit firm more independent.
2012/10/19
Committee: ITRE
Amendment 159 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 4
Where throughout a continuous engagement of 6 years two statutory auditors or audit firms have been appointed, the maximum duration of the engagement of each statutory auditor or audit firm shall not exceed 9 years.deleted
2012/10/19
Committee: ITRE
Amendment 163 #
Proposal for a regulation
Article 33 – paragraph 2
2. After the expiry of the maximum duration of the engagement referred to in paragraph 1, the statutory auditor or audit firm or any members of its network within the Union, where applicable, shall not undertake the statutory audit of the public-interest entity concerned until a period of at least four years has elapsed.deleted
2012/10/19
Committee: ITRE
Amendment 165 #
Proposal for a regulation
Article 33 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, on an exceptional basis the public-interest entity may request the competent authority referred to in Article 35(1) to grant an extension to re-appoint the statutory auditor or audit firm for an additional engagement. In case of appointment of two statutory auditors or audit firms, this third engagement shall not exceed three years. In case of appointment of one statutory auditor or audit firm, this third engagement shall not exceed two years.deleted
2012/10/19
Committee: ITRE
Amendment 174 #
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 1
2. The audit committee, one or more shareholders, the competent authorities referred to in Article 35(1) or 35(2) shall be able to bring a claim before a national court for the dismissal of the statutory auditor(s) or audit firm(s) where there are proper grounds.(Does not affect English version.)
2012/10/19
Committee: ITRE
Amendment 175 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1
1. Each Member State shall designate a competent authorityA European Auditing Activities Supervisory Authority (EAASA) shall be established, to be responsible for carrying out the tasks provided for in this Regulation and for ensuring that the provisions of this Regulation are applied. It shall be independent and shall be based at the European Commission.
2012/10/19
Committee: ITRE
Amendment 176 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2 – introductory part
The competent authority shall be one of the followinglink and oversee the following competent authorities:
2012/10/19
Committee: ITRE
Amendment 177 #
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
2. By derogation from paragraph 1, Member States may decide that the responsibility for ensuring that all or part of the provisions of Title III of this Regulation are applied shall be entrusted to, as appropriate, tThe competent authorities referred to in:
2012/10/19
Committee: ITRE
Amendment 178 #
Proposal for a regulation
Article 35 – paragraph 3
3. Where more than one competent authority has been designated pursuant to paragraphs 1 and 2, those authorities shall be organised in such a manner that their tasks are clearly allocadeleted.
2012/10/19
Committee: ITRE
Amendment 179 #
Proposal for a regulation
Article 35 – paragraph 5
5. The competent aEuropean Auditing Activities Supervisory Authoritiesy shall be adequately staffed, with regard to capacity and expertise, and shall have the adequate resources in order to be able to fulfill their its tasks provided for in this Regulation. Those resources shall come from the statutory auditors or audit firms which audit PIEs; it may take the form of a compulsory contribution proportionate to the volume of their PIE work.
2012/10/19
Committee: ITRE
Amendment 180 #
Proposal for a regulation
Article 35 – paragraph 6
6. The Member States shall inform each other, EBA, EIPA and ESMA in accordance with the relevant provisions of Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010, and shall inform the Commission of the appointment of competent authorities for the purposes of this Regulation. ESMA shall consolidate this information and make it public.deleted
2012/10/19
Committee: ITRE
Amendment 181 #
Proposal for a regulation
Article 36 – paragraph 1
The European Auditing Activities Supervisory Authority, the competent authorities and any authority to which the competent authority referred to in Article 35(1) has delegated tasks shall be independent of statutory auditors and audit firms.
2012/10/19
Committee: ITRE
Amendment 182 #
Proposal for a regulation
Article 37
The obligation of professional secrecy shall apply to all persons who are or have been employed by the European Auditing Activities Supervisory Authority and by the competent authorities or by any authority to whom the competent authority referred to in Article 35(1) has delegated tasks, including experts contracted by such authorities. Information covered by professional secrecy may not be disclosed to any other person or authority except by virtue of the obligations of this Regulation or of the laws, regulations or administrative procedures of a Member State.
2012/10/19
Committee: ITRE
Amendment 183 #
Proposal for a regulation
Article 38 – title
Powers of competent athe European Auditing Activities Supervisory Authoritiesy
2012/10/19
Committee: ITRE
Amendment 184 #
Proposal for a regulation
Article 38 – paragraph 1
1. Without prejudice to Articles 40 and 41, in carrying out their tasks under this Regulation, neither the European Auditing Activities Supervisory Authority nor the competent authorities or any other public authorities of a Member State may not interfere with the content of audit reports.
2012/10/19
Committee: ITRE
Amendment 185 #
Proposal for a regulation
Article 38 – paragraph 2 – introductory part
2. In order to carry out theirits tasks under this Regulation, the competent authorities shall, in confEuropean Auditing Activities Supervisory Authormity with national law,shall have all the supervisory and investigatory powers that are necessary for the exercise of theirits functions. TheyIt shall exercise theirse powers in any of the following ways:
2012/10/19
Committee: ITRE
Amendment 186 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 – introductory part
3. In order to carry out theirits tasks under this Regulation, the competent authorities shall, in confEuropean Auditing Activities Supervisory Authormity with national law,shall have the power in theirits supervisory capacity to:
2012/10/19
Committee: ITRE
Amendment 187 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 2
The competent aEuropean Auditing Activities Supervisory Authoritiesy may use the powers referred to in the first subparagraph only in relation to statutory auditors and audit firms carrying out statutory audit of public- interest entities, persons involved in the activities of statutory auditors and audit firms carrying out statutory audit of public- interest entities, audited entities, their affiliates and related third parties, third parties to whom the statutory auditors and audit firms carrying out statutory audit of public-interest entities have outsourced certain functions or activities, and persons otherwise related or connected to statutory auditors and audit firms carrying out statutory audit of public-interest entities. It shall focus particularly on the supervision of international statutory auditors and audit firms.
2012/10/19
Committee: ITRE
Amendment 492 #
Proposal for a regulation
Article 24 – title
OversightChecking of the statutory audit by the audit committee
2012/11/09
Committee: JURI
Amendment 496 #
Proposal for a regulation
Article 24 – paragraph 1
The audit committee of the public-interest entity shall monitorcheck the work of the statutory auditor(s) or audit firm(s) carrying out the statutory audit.
2012/11/09
Committee: JURI
Amendment 560 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
The public-interest entity shall appoint a statutory auditor or audit firm for an initial engagement that shall not be shorter than two period of four consecutive years.
2012/11/09
Committee: JURI
Amendment 571 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
The public-interest entity may renew this engagement only oncengagement shall be renewable.
2012/11/09
Committee: JURI
Amendment 584 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 3
The maximum duration of the combinedMember States may extend this period with a view two engagements shall not exceed 6 yearsmaking the statutory auditor or audit firm more independent.
2012/11/09
Committee: JURI
Amendment 603 #
Proposal for a regulation
Article 33 – paragraph 2
2. After the expiry of the maximum duration of the engagement referred to in paragraph 1, the statutory auditor or audit firm or any members of its network within the Union, where applicable, shall not undertake the statutory audit of the public-interest entity concerned until a period of at least four years has elapsed.deleted
2012/11/09
Committee: JURI
Amendment 612 #
Proposal for a regulation
Article 33 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, on an exceptional basis the public-interest entity may request the competent authority referred to in Article 35(1) to grant an extension to re-appoint the statutory auditor or audit firm for an additional engagement. In case of appointment of two statutory auditors or audit firms, this third engagement shall not exceed three years. In case of appointment of one statutory auditor or audit firm, this third engagement shall not exceed two years.deleted
2012/11/09
Committee: JURI
Amendment 632 #
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 1
The audit committee, one or more shareholders, the competent authorities referred to in Article 35(1) or 35(2) shall be able to bring a claim before a national court for the dismissal of the statutory auditor(s) or audit firm(s) where there are proper groundsDoes not affect English version.
2012/11/09
Committee: JURI
Amendment 637 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1
Each Member State shall designate a competent authorityA European Auditing Activities Supervisory Authority (EAASA) shall be established, to be responsible for carrying out the tasks provided for in this Regulation and for ensuring that the provisions of this Regulation are applied. It shall be independent and shall be based at the Commission.
2012/11/09
Committee: JURI
Amendment 639 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2 – introductory part
The competent authority shall be one of the followinglink and oversee the following competent authorities:
2012/11/09
Committee: JURI
Amendment 642 #
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
2. By derogation from paragraph 1, Member States may decide that the responsibility for ensuring that all or part of the provisions of Title III of this Regulation are applied shall be entrusted to, as appropriate, tThe competent authorities referred to in:
2012/11/09
Committee: JURI
Amendment 643 #
Proposal for a regulation
Article 35 – paragraph 3
3. Where more than one competent authority has been designated pursuant to paragraphs 1 and 2, those authorities shall be organised in such a manner that their tasks are clearly allocadeleted.
2012/11/09
Committee: JURI
Amendment 644 #
Proposal for a regulation
Article 35 – paragraph 5
5. The competent aEuropean Auditing Activities Supervisory Authoritiesy shall be adequately staffed, with regard to capacity and expertise, and shall have the adequate resources in order to be able to fulfil theirits tasks provided for in this Regulation. Those resources shall come from the statutory auditors or audit firms which audit PIEs and may take the form of a compulsory contribution proportionate to the volume of their PIE work.
2012/11/09
Committee: JURI
Amendment 649 #
Proposal for a regulation
Article 36 – paragraph 1
The European Auditing Activities Supervisory Authority, the competent authorities and any authority to which the competent authority referred to in Article 35(1) has delegated tasks shall be independent of statutory auditors and audit firms.
2012/11/09
Committee: JURI
Amendment 654 #
Proposal for a regulation
Article 37 – paragraph 1
The obligation of professional secrecy shall apply to all persons who are or have been employed by the European Auditing Activities Supervisory Authority and by the competent authorities or by any authority to whom the competent authority referred to in Article 35(1) has delegated tasks, including experts contracted by such authorities. Information covered by professional secrecy may not be disclosed to any other person or authority except by virtue of the obligations of this Regulation or of the laws, regulations or administrative procedures of a Member State.
2012/11/09
Committee: JURI
Amendment 656 #
Proposal for a regulation
Article 38 – title
Powers of competent athe European Auditing Activities Supervisory Authoritiesy
2012/11/09
Committee: JURI
Amendment 657 #
Proposal for a regulation
Article 38 – paragraph 1
1. Without prejudice to Articles 40 and 41, in carrying out their tasks under this Regulation, the European Auditing Activities Supervisory Authority or the competent authorities or any other public authorities of a Member State may not interfere with the content of audit reports.
2012/11/09
Committee: JURI
Amendment 658 #
Proposal for a regulation
Article 38 – paragraph 2 – introductory part
2. In order to carry out theirits tasks under this Regulation, the competent authorities shall, in confEuropean Auditing Activities Supervisory Authormity with national law,shall have all the supervisory and investigatory powers that are necessary for the exercise of theirits functions. TheyIt shall exercise theirse powers in any of the following ways:
2012/11/09
Committee: JURI
Amendment 659 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 – introductory part
In order to carry out theirits tasks under this Regulation, the competent authorities shall, in confEuropean Auditing Activities Supervisory Authormity with national law,shall have the power in theirits supervisory capacity to:
2012/11/09
Committee: JURI
Amendment 661 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 2
The competent aEuropean Auditing Activities Supervisory Authoritiesy may use the powers referred to in the first subparagraph only in relation to statutory auditors and audit firms carrying out statutory audit of public- interest entities, persons involved in the activities of statutory auditors and audit firms carrying out statutory audit of public- interest entities, audited entities, their affiliates and related third parties, third parties to whom the statutory auditors and audit firms carrying out statutory audit of public-interest entities have outsourced certain functions or activities, and persons otherwise related or connected to statutory auditors and audit firms carrying out statutory audit of public-interest entities. It shall focus particularly on the supervision of international statutory auditors and audit firms.
2012/11/09
Committee: JURI