Commission Delegated Directive (EU) 2023/2775 of 17 October 2023 amending Directive 2013/34/EU of the European Parliament and of the Council as regards the adjustments of the size criteria for micro, small, medium-sized and large undertakings or groups

Official Journal EN of the European Union L series 2023/2775 21.12.2023 COMMISSION DELEGATED DIRECTIVE (EU) 2023/2775 of 17 October 2023 amending Directive 2013/34/EU of the European Parliament and of the Council as regards the adjustments of the size criteria for micro, small, medium-sized and large undertakings or groups (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC(1), and in particular Article 3(13) thereof,

Whereas:

(1) Reporting requirements in the field of accounting pursue various objectives. They do not merely provide information for investors in capital markets but also give an account of past transactions and enhance corporate governance. It is important to streamline those requirements to ensure that they fulfil the purposes for which they were intended and to limit the administrative burden.

(2) In view of the significant inflation during 2021 and 2022, the monetary size criteria for determining the size category of a company to account for the impact of inflation were reviewed.

(3) According to Eurostat data, over a period of around 10 years from 1 January 2013to 31 March 2023, the cumulated inflation reached 24,3 % in the euro area and 27,2 % in the whole Union.

(4) Therefore, the Commission considers it necessary to adjust and round up the thresholds referred to in Article 3(1) to

(7) of Directive 2013/34/EU by 25 % for inflation.

(5) Directive 2013/34/EU should therefore be amended accordingly.

(6) To enable undertakings or groups to benefit from the adjusted thresholds as soon as possible, the laws, regulations and administrative provisions necessary to comply with this Directive should apply at the latest for financial years beginning on or after 1 January 2024. Member States may allow undertakings to apply those provisions for financial year beginning on or after 1 January 2023.

(7) The Commission has consulted the Expert Group of the European Securities Committee in accordance with Article 49(3a) of Directive 2013/34/EU,

HAS ADOPTED THIS DIRECTIVE:

Article 1 Amendments to Directive 2013/34/EU Article 3 of Directive 2013/34/EU is amended as follows:

(1) in paragraph 1, points (a) and (b) are replaced by the following: ‘(a) balance sheet total: EUR 450 000;

(b) net turnover: EUR 900 000;’;

(1) OJ L 182, 29.6.2013, p. 19.

ELI: http://data.europa.eu/eli/dir_del/2023/2775/oj 1/3EN OJ L, 21.12.2023

(2) paragraph 2 is amended as follows:

(a) points (a) and (b) are replaced by the following: ‘(a) balance sheet total: EUR 5 000 000;

(b) net turnover: EUR 10 000 000;’;

(b) the second subparagraph is replaced by the following ‘Member States may define thresholds exceeding the thresholds in points (a) and (b) of the first subparagraph.

However, the thresholds shall not exceed EUR 7 500 000 for the balance sheet total and EUR 15 000 000 for the net turnover.’;

(3) in paragraph 3, points (a) and (b) are replaced by the following: ‘(a) balance sheet total: EUR 25 000 000;

(b) net turnover: EUR 50 000 000;’;

(4) in paragraph 4, points (a) and (b) are replaced by the following: ‘(a) balance sheet total: EUR 25 000 000;

(b) net turnover: EUR 50 000 000;’;

(5) paragraph 5 is amended as follows:

(a) points (a) and (b) are replaced by the following: ‘(a) balance sheet total: EUR 5 000 000;

(b) net turnover: EUR 10 000 000;’;

(b) the second subparagraph is replaced by the following: ‘Member States may define thresholds exceeding the thresholds in points (a) and (b) of the first subparagraph.

However, the thresholds shall not exceed EUR 7 500 000 for the balance sheet total and EUR 15 000 000 for the net turnover.’;

(6) in paragraph 6, points (a) and (b) are replaced by the following: ‘(a) balance sheet total: EUR 25 000 000;

(b) net turnover: EUR 50 000 000;’;

(7) in paragraph 7, points (a) and (b) are replaced by the following: ‘(a) balance sheet total: EUR 25 000 000;

(b) net turnover: EUR 50 000 000;’.

Article 2 Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 24 December 2024 at the latest. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions for financial years beginning on or after 1 January 2024.

By way of derogation from the second subparagraph, Member States may allow undertakings to apply those provisions for financial year beginning on or after 1 January 2023.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

2/3 ELI: http://data.europa.eu/eli/dir_del/2023/2775/ojEN OJ L, 21.12.2023 Article 3 Entry into force This Directive shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Article 4 Addressees This Directive is addressed to the Member States.

Done at Brussels, 17 October 2023.

For the Commission The President Ursula VON DER LEYEN

ELI: http://data.europa.eu/eli/dir_del/2023/2775/oj 3/3