5 Amendments of Frédéric DAERDEN related to 2011/0389(COD)
Amendment 35 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to preserve the rights of the parties concerned when the competent authorities of Member States cooperate with the competent authorities of third countries on the exchange of audit working papers or other relevant documents for the assessment of the quality of the audit performed, Member States should ensure that the working arrangements entered into by their competent authorities based on which any exchange of such papers takes place comprise enough safeguards to protect the business secrecy, commercial interests, including the industrial and intellectual property rights of the audited entities. Member States shall ensure that those arrangements comply and are compatible with the provisions of Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and of the free movement of such data.
Amendment 155 #
Proposal for a directive
Article 1 – point 20
Article 1 – point 20
Directive 2006/43/EC
Article 43 b– paragraph 3
Article 43 b– paragraph 3
For the purposes of this Article, a “limited reviewassurance engagement” means a procedure undertaken by a statutory auditor or audit firmprofessional or firm that has the qualifications as defined and recognised by Member states, with a view to detecting misstatements due to error or fraud in the financial statements of an entity and which provides a lower level of assurance than statutory audit.
Amendment 161 #
Proposal for a directive
Article 1 – point 23 – point -a (new)
Article 1 – point 23 – point -a (new)
Directive 2006/43/EC
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(-a) in paragraph 1, point (b) is replaced by the following: (b) the transfer takes place via the home competent authorities to the competent authorities of that third country and upon their reasoned request;
Amendment 162 #
Proposal for a directive
Article 1 – point 23 – point aa (new)
Article 1 – point 23 – point aa (new)
Directive 2006/43/EC
Article 47 – paragraph 2 – point d
Article 47 – paragraph 2 – point d
(aa) in paragraph 2, point (d) is replaced by the following: (d) the request from a competent authority of a third country for audit working papers or other documents held by a statutory auditor or audit firm can be refused: – where the provision of those working papers or documents would adversely affect the sovereignty, security or public order of the Community or of the requested Member State, or – where the guarantees offered by the competent authorities of the third country in order to protect the business secrecy and commercial interests, including the industrial and intellectual property rights, of the audited entities are deemed insufficient by the competent authorities of the Member State, or – where judicial proceedings have already been initiated in respect of the same actions and against the same persons before the authorities of the requested Member State.
Amendment 167 #
Proposal for a directive
Article 1 – point 23 – point ca (new)
Article 1 – point 23 – point ca (new)
Directive 2006/43/EC
Article 47 – paragraph 6
Article 47 – paragraph 6
(ca) paragraph 6 is replaced by the following: Member States shall communicate to the Commission the working arrangements referred to in paragraphs 1 and 4. The Commission shall ensure, in particular, the conformity thereof with the provisions of Directive 95/46/EC.