Published: Sunday 15 August 2004
| Updated: Monday 21 May 2007
To prevent future corporate scandals such as the Parmalat case, EU Member States are being called on to introduce tougher rules for the auditing of company accounts.
Background:
In the last few years, public confidence in the auditing of
company accounts was seriously shaken by corporate scandals such as
Enron in the US and Dutch retailer Ahold and Italian Parmalat in
Europe. In response to these scandals and as part of the
preparations for a broader action plan on corporate governance, the
Commission presented in May 2003 a
Communication "Reinforcing statutory audit in the EU"
.
The EU has largely followed in the footsteps of
the US which passed in 2002 the
Sarbanes-Oxley Act
. Sarbanes-Oxley has
reformed US accounting rules and put in place a Public Company
Accounting Oversight Board (PCAOB) to oversee the work of
accountants.
With its proposal for a revised EU Audit Directive, the
Commission hopes to restore confidence in the financial reporting
of companies. The draft directive was presented on 16 March 2004.
It identifies, among others, the following key measures:
- the introduction in each Member State of an
independent body to oversee the audit profession -
this body should be governed mainly by non-practicioners;
- the establishment in each Member State of an effective system
of
investigations and sanctions;
- '
home country control': audit firms to be regulated
by authorities in the Member State where they are established;
- procedures for the
exchange of information between oversight bodies
of Member States;
-
auditors to be banned from being involved in
management decisions of client companies;
- establishment of
audit committees to monitor financial
reports;
- Member States to introduce
rotation of audit firms every seven years or
alternatively audit partners every five years.
In a first reaction to the Commission's proposal, the
European Federation of Accountants (FEE) welcomed
the draft audit directive but expressed concerns over several
elements. The FEE calls for the creation of a European-level body
to co-ordinate oversight arrangements. It opposes the Commission's
recommendation to exclude the audit profession from national
oversight systems and rejects the proposal on rotation of audit
firms, expressing its preference for a more robust system of
quality assurance and inspection. Last, but not least, the FEE
calls for an EU study on liability.
The
UK Association of Chartered Accountants
warned that overreaction to
recent corporate scandals could lead to an increase in red tape and
higher costs for companies.
The
Confederation of British Industry (CBI) also
criticized the Commission's draft directive, saying that "corporate
governance should be driven by business, not regulators". In a
letter to Commissioner Bolkestein, the British employers'
organisation argued that the directive introduces " an inflexible
legal framework that overlooks the progress made under the current
system of voluntary best practice".