Article 23
Powers of competent authorities
1.
Without prejudice to Article 26, in carrying out their tasks under this Regulation, the competent authorities or any other public authorities of a Member State may not interfere with the content of audit reports.
2.
Member States shall ensure that the competent authorities have all the supervisory and investigatory powers that are necessary for the exercise of their functions under this Regulation in accordance with the provisions of Chapter VII of Directive 2006/43/EC.
3.
The powers referred to in paragraph 2 of this Article shall include, at least, the power to:
(a)
access data related to the statutory audit or other documents held by statutory auditors or audit firms in any form relevant to the carrying out of their tasks and to receive or take a copy thereof;
(b)
obtain information related to the statutory audit from any person;
(c)
carry out on-site inspections of statutory auditors or audit firms;
(d)
refer matters for criminal prosecution;
(e)
request experts to carry out verifications or investigations;
(f)
take the administrative measures, and impose the sanctions referred to in Article 30a of Directive 2006/43/EC.
The competent authorities may use the powers referred to in the first subparagraph only in relation to:
(a)
statutory auditors and audit firms carrying out statutory audit of public-interest entities;
(b)
persons involved in the activities of statutory auditors and audit firms carrying out statutory audit of public-interest entities;
(c)
audited public-interest entities, their affiliates and related third parties;
(d)
third parties to whom the statutory auditors and the audit firms carrying out statutory audit of public-interest entities have outsourced certain functions or activities; and
(e)
persons otherwise related or connected to statutory auditors and audit firms carrying out statutory audit of public-interest entities.
4.
Member States shall ensure that the competent authorities are allowed to exercise their supervisory and investigatory powers in any of the following ways:
(a)
directly;
(b)
in collaboration with other authorities;
(c)
by application to the competent judicial authorities.
5.
The supervisory and investigatory powers of competent authorities shall be exercised in full compliance with national law, and in particular, with the principles of respect for private life and the right of defence.
6.
The processing of personal data processed in the exercise of the supervisory and investigatory powers pursuant to this Article shall be carried out in accordance with Directive 95/46/EC.