8.7.2005 Official Journal of the European Union L 1753 COMMISSION REGULATION (EC) No 1073/2005 of 7 July 2005 amending Regulation (EC) No 1725/2003 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council, as regards IFRIC 2 (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community. Having regard to Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (1), and in particular Article 3 (1) thereof, Whereas: By Commission Regulation (EC) No 1725/2003 (3 certain international standards and interpretations that were extant at 14 September 2002 were adopted. this interpretation is the same as that for IAS 32, as already indicated in Recital 3 of Regulation (EC) No 2237/2004 as of 29 December 2004 adopting IAS 32. The consultation with technical experts in the field support that IFRIC Interpretation 2 Members’ Shares in Cooperative Entities and Similar Instruments meet the technical criteria for adoption set out in Article 3(2) of Regulation (EC) No 1606/2002. Regulation (EC) No 1725/2003 should therefore be amended accordingly. This amendment should exceptionally take effect for company’s financial year starting on or after 1 January 2005, ie. from a point in time before the publication of this regulation. The retrospective application is excep- tionally justified as to enable cooperatives the preparation (20 On 17 December 2003 the International Accounting : ) . . . of accounts in accordance with IAS 32, as construed by Standard Board (IASB) published revised International . N . Co [FRIC 2, and as the companies concerned could legiti- Accounting Standard (IAS) 32 Financial Instruments: o . : . . o mately expect such application already at the point of the Disclosure and Presentation. IAS 32 establishes basic prin- 4 . o . i adoption of IAS 32. ciples for the classification of instruments as liabilities or equity and was adopted by the European Commission by Commission Regulation (EC) No 2237/2004 (%) as of 29 December 2004. (8)  The measures provided for in this Regulation are in accordance with the opinion of the Accounting Regu- latory Committee. (3)  Following bilateral discussions with representatives of the g cooperative world and due to a request by the Commission, the IASB invited its International Financial Reporting Interpretation Committee (IFRIC), to develop an interpretation to facilitate the application of the HAS ADOPTED THIS REGULATION: revised IAS 32. (4)  IFRIC 2 Members” Shares in Cooperative Entities and Similar Article 1 Instruments was published on 25 November 2004. The Interpretation clarifies that the classification of members’ shares as financial liabilities or as equity depends upon the characteristics of such shares, especially the redemption features. The effective date of application of () O] L 243, 11.9.2002, p. 1. Annex to Regulation (EC) No 1725/2003 is amended as follows: The text of the Interpretation IFRIC 2 Members” Shares in Coop- erative Entities and Similar Instruments set out in the Annex to this Regulation, is inserted. (® OJ L 261, 13.10.2003, p. 1. Regulation as last amended by Regu- lation (EC) No 211/2005 (O] L 41, 11.2.2005, p. 1). () O] L 393, 31.12.2004, p. 1.