2007/145/EC: Council Decision of 27 February 2007 amending Decision 1999/70/EC concerning the external auditors of the national central banks as regards the external auditors of the Oesterreichische Nationalbank
Date: 2007-02-27
Institutions: Council of the European Union
Subjects: Austria, accountant, auditing, central bank, self-employed person

2.3.2007

EN

Official Journal of the European Union

L 64/35

COUNCIL DECISION

of 27 February 2007

amending Decision 1999/70/EC concerning the external auditors of the national central banks as
regards the external auditors of the Oesterreichische Nationalbank

(2007/145/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the Statute of the European
System of Central Banks and of the European Central Bank,
annexed to the Treaty establishing the European Community,
and in particular to Article 27(1) thereof,

the
Having regard to Recommendation ECB/2006/29 of
European Central Bank of 21 December 2006 to the Council
of
the
the European Union on the external auditors of
Oesterreichische Nationalbank (1),

Whereas:

(1)

(2)

(3)

(4)

The accounts of the European Central Bank (ECB) and of
the national central banks of the Eurosystem are to be
audited by independent external auditors recommended
by the Governing Council of the ECB and approved by
the Council of the European Union.

to Article 37(1) of

Pursuant
the Federal Act on the
Oesterreichische Nationalbank, the General Meeting of
the Oesterreichische Nationalbank (OeNB) must elect
two auditors and two alternate auditors each year. The
alternate auditors will be mandated only in the event that
the auditors are not able to perform the audit.

external

On 14 March 2006 the Council of the European Union,
having regard to Recommendation ECB/2006/1 of 1
February 2006 to the Council of the European Union
the Oesterreichische
on the
Nationalbank (2),
KPMG Alpen-Treuhand
GmbH and TPA Horwath Wirtschaftsprüfung GmbH as
joint external auditors, and Moore Stephens Austria
Wirtschaftsprüfungsgesellschaft mbH and BDO Auxilia
the
Treuhand GmbH as
financial year 2006 (3).

auditors of
approved

joint alternate auditors

for

On 8 September 2006 the OeNB informed the ECB that
at the OeNB's General Meeting in May 2006, KPMG
Alpen-Treuhand GmbH did not obtain the majority of
votes necessary to be selected and, that as a consequence
thereof,
second ranked auditor, TPA Horwath
Wirtschaftsprüfung GmbH, was appointed first auditor.
ranked alternate auditor, Moore Stephens
The first

the

(1) OJ C 5, 10.1.2007, p. 1.
(2) OJ C 34, 10.2.2006, p. 30.
(3) OJ L 79, 16.3.2006, p. 25.

and the

Austria Wirtschaftsprüfungsgesellschaft mbH, was
appointed second auditor
second ranked
alternate auditor, BDO Auxilia Treuhand GmbH, was
appointed as the sole alternate auditor. To appoint the
necessary second alternate auditor, the OeNB conducted
a restricted procurement procedure, selected Ernst &
Young Wirtschaftsprüfungs GmbH and invited the ECB
to recommend it to the Council of the European Union
for approval.

The approval of the Council of the European Union is
necessary to appoint Moore Stephens Austria Wirtschaft-
sprüfungsgesellschaft mbH as the second external auditor
and Ernst & Young Wirtschaftsprüfungs GmbH as the
second alternate external auditor of the OeNB.

The Governing Council of the ECB recommended that
the mandate of the external auditors should be renewed
on a yearly basis, not exceeding a total term of five years.

It is appropriate to follow the recommendation of the
Governing Council of the ECB and to amend Council
Decision 1999/70/EC (4) accordingly,

(5)

(6)

(7)

HAS DECIDED AS FOLLOWS:

Article 1

Article 1(9) of Decision 1999/70/EC shall be replaced by the
following:

‘9.
TPA Horwath Wirtschaftsprüfung GmbH and Moore
Stephens Austria Wirtschaftsprüfungsgesellschaft mbH are
hereby approved jointly as the external auditors of
the
OeNB for the financial year 2006.

BDO Auxilia Treuhand GmbH and Ernst & Young
Wirtschaftsprüfungs GmbH are hereby approved jointly as
the alternate external auditors of the OeNB for the financial
year 2006.

This mandate may be renewed on a yearly basis, not
exceeding a total
five years, ending with the
financial year 2010 at the latest’.

term of

(4) OJ L 22, 29.1.1999, p. 69. Decision as last amended by Decision

2007/97/EC (OJ L 42, 14.2.2007, p. 24).

L 64/36

EN

Official Journal of the European Union

2.3.2007

This Decision shall be notified to the European Central Bank.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Article 3

Done at Brussels, 27 February 2007.

For the Council
The President

P. STEINBRÜCK