Directive 2008/30/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts, as regards the implementing powers conferred on the Commission (Text with EEA relevance)
Date: 2008-03-11
Institutions: Council of the European Union, European Parliament
Subjects: European Commission, accountant, audit, auditing, powers of the institutions (EU), professional ethics, professional qualifications

20.3.2008

EN

Official Journal of the European Union

L 81/53

DIRECTIVE 2008/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2008

amending Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts,
as regards the implementing powers conferred on the Commission

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

Having regard to the Treaty
Community, and in particular Article 44(2)(g) thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

Whereas:

(1)

(2)

Directive 2006/43/EC of the European Parliament and of
the Council (3) provides that certain measures are to be
adopted
Council Decision
1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
the exercise of
conferred on the Commission (4).

accordance with

in

the

introduced

Decision 1999/468/EC has been amended by Decision
regulatory
2006/512/EC, which
procedure with scrutiny for the adoption of measures
of general scope and designed to amend non-essential
elements of a basic instrument adopted in accordance
with the procedure referred to in Article 251 of the
Treaty, inter alia by deleting some of those elements or
by supplementing the instrument with new non-essential
elements.

(1) OJ C 161, 13.7.2007, p. 45.
(2) Opinion of the European Parliament of 14 November 2007 (not yet
published in the Official Journal) and Council Decision of 3 March
2008.

(3) OJ L 157, 9.6.2006, p. 87.
(4) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(4)

(5)

and

the Council

In accordance with the statement by the European
the Commission (5)
Parliament,
concerning Decision 2006/512/EC,
for the regulatory
procedure with scrutiny to be applicable to instruments
adopted in accordance with the procedure referred to in
Article 251 of the Treaty which are already in force,
those instruments must be adjusted in accordance with
the applicable procedures.

and

ethics,

function

uniform application

independence and objectivity,

the
regarding professional

The Commission should be
empowered to adopt
measures necessary for the implementation of Directive
in particular to ensure confidence in the
2006/43/EC,
of
audit
quality-
requirements
assurance systems,
to
adapt the list of subjects to be included in the test of
theoretical knowledge for auditors, to adopt international
auditing standards and common standards for audit
reports for annual or consolidated accounts, and to
define exceptional cases of direct transfer of documents
to third countries. Since those measures are of general
scope and are designed to amend non-essential elements
inter alia by supplementing it
of Directive 2006/43/EC,
with new non-essential elements, they must be adopted
regulatory procedure with
in accordance with the
scrutiny provided for
in Article 5a of Decision
1999/468/EC.

instruments adopted under

Directive 2006/43/EC provides for a time restriction
concerning the implementing powers conferred on the
statement concerning Decision
In their
Commission.
2006/512/EC,
the Council
the European Parliament,
and the Commission stated that Decision 2006/512/EC
provides a horizontal and satisfactory solution to the
European Parliament's wish to scrutinise the implemen-
the codecision
tation of
procedure and that, accordingly,
implementing powers
should be conferred on the Commission without time
limit. The European Parliament and the Council also
the proposals
they would ensure that
declared that
aimed at repealing the provisions in the instruments
that prescribe a time limit for the delegation of imple-
menting powers to the Commission are adopted as
rapidly as possible. Following the introduction of the
regulatory procedure with scrutiny, the provision estab-
lishing that
time restriction in Directive 2006/43/EC
should be deleted.

(5) OJ C 255, 21.10.2006, p. 1.

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Official Journal of the European Union

20.3.2008

(6)

(7)

(8)

The Commission should, at regular intervals, evaluate the
functioning of
the provisions concerning the imple-
menting powers conferred on it in order to allow the
European Parliament and the Council
to determine
whether the extent of those powers and the procedural
requirements imposed on the Commission are appro-
priate
and democratic
accountability.

and ensure both efficiency

(b) the following subparagraph shall be added:

‘The measures referred to in the first subparagraph,
this
designed to amend non essential elements of
Directive by supplementing it, shall be adopted in
accordance with
procedure with
scrutiny referred to in Article 48(2a).’;

regulatory

the

Directive 2006/43/EC should therefore be amended
accordingly.

4. Article 26 shall be amended as follows:

Since the amendments made to Directive 2006/43/EC by
in nature and concern
this Directive are technical
they do not need to be
committee procedure only,
transposed by the Member States.
is therefore not
necessary to lay down provisions to that effect,

It

(a)

in paragraph 1 the words ‘in accordance with the
referred to in Article 48(2)’
shall be
procedure
replaced by the words ‘in accordance with the regu-
latory
in
Article 48(2a)’;

procedure with

scrutiny

referred

to

(b) paragraph 2 shall be amended as follows:

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments

(i) the words ‘,

in accordance with the procedure

referred to in Article 48(2),’ shall be deleted;

Directive 2006/43/EC is hereby amended as follows:

(ii) the following subparagraph shall be added:

1. Article 8(3) shall be amended as follows:

(a)

the words ‘, in accordance with the procedure referred
to in Article 48(2),’ shall be deleted;

‘The measures referred to in the first subparagraph,
designed to amend non essential elements of this
Directive by supplementing it, shall be adopted in
accordance with the regulatory procedure with
scrutiny referred to in Article 48(2a).’;

(b) the following sentence shall be added:

5. Article 28(2) shall be amended as follows:

‘Those measures, designed to amend non-essential
adopted in
elements of
procedure with
accordance with
scrutiny referred to in Article 48(2a).’;

this Directive,
the

regulatory

shall be

(a)

the words ‘, in accordance with the procedure referred
to in Article 48(2) of this Directive,’ shall be deleted;

(b) the following sentence shall be added:

2. Article 21(2) shall be amended as follows:

(a)

the words ‘, in accordance with the procedure referred
to in Article 48(2),’ shall be deleted;

‘Those measures, designed to amend non-essential
elements of this Directive by supplementing it, shall
be
regulatory
in accordance with the
procedure with scrutiny referred to in Article 48(2a).’;

adopted

(b) the following sentence shall be added:

6. Article 29(2) shall be amended as follows:

‘Those measures, designed to amend non-essential
elements of this Directive by supplementing it, shall
be
regulatory
in accordance with the
procedure with scrutiny referred to in Article 48(2a).’;

adopted

(a)

the words ‘, in accordance with the procedure referred
to in Article 48(2),’ shall be deleted;

(b) the following sentence shall be added:

3. Article 22(4) shall be amended as follows:

(a)

the words ‘, in accordance with the procedure referred
to in Article 48(2),’ shall be deleted;

‘Those measures, designed to amend non-essential
elements of this Directive by supplementing it, shall
be
regulatory
procedure with scrutiny referred to in Article 48(2a).’;

in accordance with the

adopted

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Official Journal of the European Union

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7. Article 36(7) shall be amended as follows:

(a)

the words ‘In accordance with the procedure referred to
in Article 48(2)’ shall be deleted;

(b) the following sentence shall be added:

criteria

equivalence

establishing general

the Commission may adopt measures
In this context,
aimed at
in
accordance with the requirements laid down in Articles
29, 30 and 32 which are applicable to all third countries
and which shall be used by Member States when assessing
equivalence at national level. The criteria may not exceed
the requirements laid down in Articles 29, 30 and 32.
Those measures,
to amend non essential
elements of this Directive by supplementing it, shall be
adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 48(2a).’;

designed

‘Those measures, designed to amend non-essential
elements of this Directive by supplementing it, shall
be
regulatory
in accordance with the
procedure with scrutiny referred to in Article 48(2a).’;

adopted

10. Article 47 shall be amended as follows:

(a) paragraph 3 shall be replaced by the following:

8. Article 45(6) shall be replaced by the following:

‘6.
In order to ensure uniform application of paragraph
5(d), the equivalence referred to therein shall be assessed by
the Commission in cooperation with Member States and
shall be decided upon by the Commission in accordance
with the regulatory procedure referred to in Article 48(2).
Member States may assess the equivalence referred to in
paragraph 5(d) of this Article as long as the Commission
has not taken such a decision.

criteria

equivalence

establishing general

the Commission may adopt measures
In this context,
aimed at
in
accordance with the requirements laid down in Articles
third
22, 24, 25 and 26 which are applicable to all
countries and which shall be used by Member States
when assessing equivalence at national
level. The criteria
may not exceed the requirements laid down in Articles
22, 24, 25 and 26. Those measures, designed to amend
non-essential elements of this Directive by supplementing
it, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 48(2a).’;

In order

‘3.
to ensure uniform application of
paragraph 1(c), the adequacy referred to therein shall
be assessed by the Commission in cooperation with
Member States and shall be decided upon by the
regulatory
accordance with
Commission
procedure referred to in Article 48(2). Member States
shall take the measures necessary to comply with the
Commission's Decision.

the

in

Such assessment of adequacy shall be based on the
requirements of Article 36 or essentially equivalent
functional results. Any measures taken in this context,
this
designed to amend non essential elements of
Directive by supplementing it and aiming at facilitating
cooperation between competent authorities, shall be
adopted in accordance with the regulatory procedure
with scrutiny referred to in Article 48(2a).’.

(b) paragraph 5 shall be amended as follows:

(i) the words ‘,

in accordance with the procedure

referred to in Article 48(2),’ shall be deleted;

9. Article 46(2) shall be replaced by the following:

(ii) the following sentence shall be added:

‘2.
In order to ensure uniform application of paragraph
1, the equivalence referred to therein shall be assessed by
the Commission in cooperation with Member States and
shall be decided upon by the Commission in accordance
with the regulatory procedure referred to in Article 48(2).
Member States may assess the equivalence referred to in
this Article or rely on the assessments
paragraph 1 of
the
carried out by other Member States as
Commission has not
the
Commission decides that the requirement of equivalence
referred to in paragraph 1 of this Article is not complied
with, it may allow the auditors and audit entities concerned
to continue their audit activities in accordance with the
requirements of
the relevant Member State during an
appropriate transitional period.

taken such a decision.

long as
If

‘That measure, designed to amend non-essential
elements of
this Directive by supplementing it,
shall be adopted in accordance with the regulatory
procedure
in
scrutiny
Article 48(2a).’;

referred

with

to

11. Article 48 shall be amended as follows:

(a)

the following paragraph shall be inserted:

‘2a. Where reference is made to this paragraph,
and Article 7 of Decision
Article 5a(1)
1999/468/EC shall
regard to the
provisions of Article 8 thereof.’;

apply, having

to (4)

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(b) paragraphs 3 and 4 shall be replaced by the following:

‘3.
By 31 December 2010 and, thereafter, at least
every three years,
the Commission shall review the
provisions concerning its implementing powers and
present a report to the European Parliament and to
the Council on the functioning of those powers. The
in particular, the need for the
report shall examine,
Commission to propose amendments to this Directive
in order to ensure the appropriate scope of the imple-
menting powers conferred on the Commission. The
conclusion as to whether or not an amendment
is
detailed
necessary
statement of reasons. If necessary, the report shall be
accompanied by a legislative proposal to amend the
provisions conferring implementing powers on the
Commission.’

accompanied

shall

by

be

a

Article 2

Entry into force

This Directive shall enter into force on the day following that of
its publication in the Official Journal of the European Union.

Article 3

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 11 March 2008.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President
J. LENARČIČ