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            COMMISSION DECISION         

of 14 December 2005         

setting up a group of experts to advise the Commission and to facilitate cooperation between public oversight systems for statutory auditors and audit firms

(2005/909/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The expert group called the ‘European Group of Auditors’ Oversight Bodies’ hereinafter referred to as ‘the group’ is hereby set up by the Commission.

Article 2

Task

The Commission may consult the group on any question relating to the preparation of the implementing measures of the modernised Eighth Directive. The group may also discuss any matter relating to cooperation between public oversight systems for statutory auditors and audit firms.

The group’s tasks are mainly to:

Article 3

Composition — Appointment

1.   The group shall be composed of high level representatives from the entities responsible for the public oversight of statutory auditors and audit firms in Member States or in their absence, of representatives from the competent national ministries.

2.   Each Member State shall designate a high level representative from one of the authorities mentioned in paragraph 1 to participate in the meetings of the group. The Commission can refuse the representative designated by a Member State when it does not consider the representative appropriate, particularly if there is any conflict of interest. In such a case, the Commission will quickly inform the Member State concerned which can then designate another representative.

3.   Only non-practitioners can be designated as representatives.

4.   Each Member State shall designate one representative. One alternate representative per Member State may be designated under the conditions set up in paragraphs 1, 2, 3 and 5.

5.   The following provisions shall apply:

Article 4

Operation

1.   The group is chaired by the Commission.

2.   As general rule, after discussion with the group, the Commission should consult extensively and at an early stage with market participants, consumers, the audit profession and end-users in an open and transparent manner, on the work of the group.

3.   In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference established by the group; they shall be disbanded as soon as these have been fulfilled. The sub-groups can also include practitioners.

4.   The chairman may ask experts or observers with specific competence on a subject on the agenda to participate in the group’s or sub-group’s deliberations if this is useful and/or necessary.

5.   The group’s discussions shall not be public.

6.   The group and its sub-groups normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission provides secretarial services. Other Commission officials with an interest in the proceedings may attend these meetings.

7.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission.

8.   The Commission may publish, in the original language of the document concerned, any résumé, conclusion, or partial conclusion or working document of the group.

Article 5

Meeting expenses

The Commission shall reimburse travel and, where appropriate, subsistence expenses for representatives, members of the sub-groups, experts and observers in connection with the group’s activities in accordance with the provisions in force at the Commission. The representatives shall not be paid for their duties.

Meeting expenses are reimbursed within the limits of the appropriations allocated to the department concerned under the annual procedure for allocating resources.

Article 6

Entry into force

The decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 14 December 2005.

For the Commission

Charlie McCREEVY            

Member of the Commission

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(1)  Not yet published in the Official Journal.

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