Select Committee on European Scrutiny Fifth Report


20. ACCOUNTING STANDARDS


(24060)


Draft Directive 2002/0112 (COD) concerning amending Council Directives 78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings (the EU Accounting Directives).

Legal base:Article 44; co-decision; qualified majority voting
Department:Trade and Industry
Basis of consideration:EM of 5 December 2002
Previous Committee Report:None; but see (23522) 9730/02: HC 152-xxxvii (2001-02), paragraph 14 (17 July 2002)
To be discussed in Council:Not known
Committee's assessment:Politically important
Committee's decision:Cleared


Background

  20.1  Last July we cleared a draft Directive[56] which would amend three of the EU Accounting Directives,[57] on which current EU accounting requirements are primarily based, in order to:

  • remove all existing conflicts between the Accounting Directives and International Accounting Standards (IAS);

  • ensure that all optional accounting treatments currently available under IAS are available to EU companies which do not prepare their annual or consolidated accounts in accordance with the IAS Regulation and continue to have the Accounting Directives as the basis of their accounting legislation; and

  • update the structure of the Accounting Directives to provide a framework for financial reporting both consistent with modern practice and flexible enough to allow for future developments in IAS.

The document

  20.2  This document is a revised draft from Working Group negotiations endorsed by the Council, which it is hoped the European Parliament will agree during its first reading of the Commission draft. The main changes relate to the proposed exemption for medium-sized companies from the requirement to report on non-financial matters, the deletion of existing special accounting provisions for Lloyds and the inclusion of amendments to Directive 86/635/EEC on banks and other financial institutions.[58]

The Government's view

  20.3  The Parliamentary Under-Secretary of State for Competition, Consumers and Markets, Department of Trade and Industry (Miss Melanie Johnson) tells us:

"The Government is content with the amended proposals. They will enable companies to prepare their accounts using modern international practices. The Government is pleased to have negotiated an amendment to the Commission proposal that means the requirement to publish non-financial information is now tied more closely to information that is relevant to the business, and that Member States will have the option to exclude medium-sized companies from the requirement. This prevents the possibility that UK medium-sized companies would be burdened with a requirement to include non-financial as well as financial information in the annual report (the smallest companies can already be exempted completely from the requirement to publish an annual report).

"An amendment from the UK (with the support of Lloyds) to remove the existing annex on provisions relating to Lloyds from the Insurance Directive has also been accepted. This brings the financial statements of Lloyds insurance market into line with those of insurance companies. The annex means that syndicates cannot close their accounts until at least two years after the end of the financial year, rather than closing them at the end of the financial year.

"The Government supports the inclusion in the revised proposal of amendments to Directive 86/635/EEC covering banks and other financial institutions. It is important that all the Accounting Directives are amended at the same time."

  20.4  The Minister encloses a partial Regulatory Impact Assessment with her Explanatory Memorandum, which gives a generally favourable endorsement of the original draft similar to her previous endorsement of the proposal.

Conclusion

  20.5  We cleared the original draft Directive on the understanding that the detail would match the intention to enhance accounting practice in the EU and to comply with internationally accepted standards. The revised proposal would contribute towards ensuring the detail does match the intention and we are content to clear this document too.


56   See headnote to this paragraph. Back

57  Council Directive 78/660/EEC (requirements in respect of annual accounts of companies), Council Directive 83/349/EEC (requirements in respect of consolidated accounts of companies), and Directive 91/674/EEC (requirements in respect of annual and consolidated accounts of insurance undertakings). Back

58   Council Directive 86/635/EEC(requirements in respect of annual and consolidated accounts of banks and other financial institutions). Back


 
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