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Document 02024R1620-20251110
Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (Text with EEA relevance)
Consolidated text: Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (Text with EEA relevance)
Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (Text with EEA relevance)
02024R1620 — EN — 10.11.2025 — 001.001
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REGULATION (EU) 2024/1620 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (OJ L 1620 19.6.2024, p. 1) |
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REGULATION (EU) 2025/2088 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 8 October 2025 |
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21.10.2025 |
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REGULATION (EU) 2024/1620 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 31 May 2024
establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010
(Text with EEA relevance)
CHAPTER I
ESTABLISHMENT, LEGAL STATUS AND DEFINITIONS
Article 1
Establishment and scope of action
The objective of the Authority shall be to protect the public interest, the stability and integrity of the Union’s financial system, and the proper functioning of the internal market by:
preventing the use of the Union’s financial system for the purposes of money laundering and terrorist financing (‘ML/TF’);
contributing to the identification and assessment of ML/TF risks and threats across the internal market, as well as risks and threats originating from outside the Union that impact, or have the potential to impact, the internal market;
ensuring high-quality supervision in the area of anti-money laundering and countering the financing of terrorism (‘AML/CFT’) across the internal market;
contributing to supervisory convergence in the area of AML/CFT across the internal market;
contributing to the harmonisation of practices in the detection of suspicious transactions or activities by Financial Intelligence Units (‘FIUs’);
supporting and coordinating the exchange of information between FIUs, and between FIUs and other competent authorities.
The provisions of this Regulation are without prejudice to the powers of the Commission, in particular pursuant to Article 258 TFEU, to ensure compliance with Union law.
Article 2
Definitions
For the purposes of this Regulation, in addition to the definitions set out in Article 2 of Regulation (EU) 2024/1624 and Article 2 of Directive (EU) 2024/1640, the following definitions apply:
‘selected obliged entity’ means a credit institution, a financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union in accordance with applicable accounting standards, which is under direct supervision by the Authority pursuant to Article 13;
‘non-selected obliged entity’ means a credit institution, a financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union in accordance with applicable accounting standards, other than a selected obliged entity;
‘AML/CFT supervisory system’ means the Authority and the supervisory authorities in Member States;
‘non-AML/CFT authority’ means:
a competent authority as defined in Article 4(1), point (40), of Regulation (EU) No 575/2013 of the European Parliament and of the Council ( 1 );
the European Central Bank (ECB), when it carries out the tasks conferred on it by Regulation (EU) No 1024/2013;
a resolution authority designated in accordance with Article 3 of Directive 2014/59/EU;
a designated authority as defined in Article 2(1), point (18), of Directive 2014/49/EU;
a competent authority as defined in Article 3(1), point (35), of Regulation (EU) 2023/1114.
Article 3
Legal status
Article 4
Seat
The Authority shall have its seat in Frankfurt am Main, Germany.
CHAPTER II
TASKS AND POWERS OF THE AUTHORITY
SECTION 1
Tasks and powers
Article 5
Tasks
The Authority shall perform the following tasks with respect to ML/TF risks facing the internal market:
monitor developments across the internal market and assess threats, vulnerabilities and risks in relation to ML/TF;
monitor developments in third countries and assess threats, vulnerabilities and risks in relation to their AML/CFT systems that have an actual or potential impact on the internal market;
collect and analyse information, from its own supervisory activities and those of the supervisors and supervisory authorities, on weaknesses identified in the application of AML/CFT rules by obliged entities, the risk exposure of obliged entities, the sanctions imposed and the remedial actions taken;
establish a central AML/CFT database of information collected from supervisory authorities or stemming from the Authority’s activities, and keep it up to date;
analyse the information collected in the central database and share those analyses with supervisors, supervisory authorities and non-AML/CFT authorities on a need-to-know and confidential basis;
support the analysis of risks of ML/TF and of non-implementation and evasion of targeted financial sanctions affecting the internal market, referred to in Article 7 of Directive (EU) 2024/1640;
support, facilitate and strengthen cooperation and exchange of information between obliged entities and supervisors, supervisory authorities and non-AML/CFT authorities in order to develop a common understanding of ML/TF risks and threats facing the internal market, including by participating in partnerships for information sharing in the field of AML/CFT;
issue publications and provide training, as well as other services on demand, in order to raise awareness of, and address, ML/TF risks;
report to the Commission any instances where the Authority, in the performance of its tasks, discovers that a Member State has transposed Directive (EU) 2024/1640 incorrectly or incompletely;
undertake any other specific task set out in this Regulation or in the other legislative acts referred to in Article 1(2);
assist the Commission in reviewing the application of the relevant regulatory and implementing technical standards adopted by the Commission, review the application of the guidelines and recommendations issued by the Authority and propose amendments, where appropriate, including amendments to:
remove redundant or obsolete reporting requirements and minimise costs while preserving data usability and quality;
ensure proportionate and consistent reporting requirements; and
address regulatory gaps related to reporting requirements.
The Authority shall perform the following tasks with respect to selected obliged entities:
ensure compliance of the selected obliged entities with the requirements applicable to them pursuant to Regulation (EU) 2024/1624 and Regulation (EU) 2023/1113, including obligations related to the implementation of targeted financial sanctions;
carry out supervisory reviews and assessments at the level of individual entities and at group-wide level in order to determine whether the internal policies, procedures and controls put in place by the selected obliged entities are adequate to comply with the requirements applicable to them, and on the basis of those supervisory reviews and assessments impose specific requirements, apply administrative measures and impose pecuniary sanctions and periodic penalty payments pursuant to Articles 21, 22 and 23;
participate in group-wide supervision, in particular in AML/CFT supervisory colleges, including where a selected obliged entity is part of a group that has headquarters, subsidiaries or branches outside the Union;
develop and keep up to date a system to assess the risks and vulnerabilities of the selected obliged entities, in order to inform the supervisory activities of the Authority and the supervisory authorities, including through the collection of data from those entities by means of structured questionnaires and other online or offline tools.
The Authority shall perform the following tasks with respect to financial supervisors:
maintain an up-to-date list of financial supervisors within the Union;
carry out periodic assessments to ensure that all financial supervisors have adequate resources, powers and strategies necessary for the performance of their tasks in the area of AML/CFT, and make the results of such assessments available;
take, in response to a request by financial supervisors for the Authority to assume direct supervision or on the Authority’s own initiative, appropriate measures in exceptional circumstances requiring the Authority’s intervention and related to non-selected obliged entities’ compliance or risk exposure;
facilitate the functioning of the AML/CFT supervisory colleges in the financial sector;
contribute, in collaboration with financial supervisors, to the convergence of supervisory practices and the promotion of high supervisory standards in the area of AML/CFT, including in relation to verification of compliance with AML/CFT requirements related to targeted financial sanctions;
coordinate staff and information exchanges among financial supervisors in the Union in the area of AML/CFT;
provide assistance, in the area of AML/CFT, to financial supervisors, following their specific requests, including requests to mediate between financial supervisors;
settle, with binding effect, disagreements between financial supervisors concerning the measures to be taken in relation to an obliged entity, including in the context of AML/CFT supervisory colleges, following a specific request as referred to in point (g).
The Authority shall perform the following tasks with respect to non-financial supervisors:
maintain an up-to-date list of non-financial supervisors within the Union;
coordinate peer reviews of supervisory standards and practices in the area of AML/CFT;
in the area of AML/CFT, investigate potential breaches or non-application of Union law by non-financial supervisors and public authorities overseeing self-regulatory bodies, issue recommendations on how to remedy the identified breaches and, where the supervisors or public authorities do not comply with the recommendations, issue warnings identifying the measures to be implemented to mitigate the effects of the breach;
carry out periodic reviews to ensure that all non-financial supervisors have adequate resources and powers necessary for the performance of their tasks in the area of AML/CFT;
contribute to the convergence of supervisory practices and the promotion of high supervisory standards in the area of AML/CFT;
facilitate the functioning of AML/CFT supervisory colleges in the non-financial sector;
provide assistance to non-financial supervisors, following their specific requests, such as requests to mediate between non-financial supervisors in the event of a disagreement on the measures to be taken in relation to an obliged entity, including in the context of AML/CFT supervisory colleges.
Where supervision of specific sectors is delegated at national level to self-regulatory bodies, the Authority shall exercise the tasks set out in the first subparagraph in relation to supervisory authorities overseeing the activities of those bodies.
The Authority shall perform the following tasks with respect to FIUs and their activities in Member States:
maintain an up-to-date list of FIUs within the Union;
monitor changes in the legal framework of FIUs, as well as in their organisation, focusing on resources for the performance of their tasks;
support the work of FIUs and contribute to improved cooperation and coordination between FIUs;
contribute to the identification and the selection of relevant cases for the conduct of joint analyses by FIUs;
develop appropriate methods and procedures for the conduct of joint analyses by FIUs of cross-border cases;
set up, coordinate, organise and facilitate the conduct of joint analyses carried out by FIUs;
provide assistance to FIUs, upon their specific requests, such as requests for mediation in the case of a disagreement between FIUs;
conduct peer reviews of the activities of FIUs aimed at strengthening their consistency and effectiveness and identifying best practices;
develop and make available to FIUs tools and services to enhance their analysis capabilities, as well as IT and artificial intelligence services and tools for secure information sharing, including by hosting FIU.net;
develop, share and promote expert knowledge on detection, analysis, and dissemination methods of suspicious transactions;
at the request of FIUs, provide them with specialised training and assistance, including through the provision of financial support, within the scope of the Authority’s objectives and in accordance with the staffing and budgetary resources at its disposal;
support, at the request of FIUs, their interaction with obliged entities by providing expert knowledge to obliged entities, including improving their awareness and procedures to detect suspicious activities and transactions and their reporting to the FIUs;
prepare and coordinate assessments and strategic analyses of ML/TF threats, risks and methods identified by FIUs.
Article 6
Powers of the Authority
The Authority shall also have the powers and obligations which financial supervisors have in the area of AML/CFT under the applicable Union law, unless otherwise provided for by this Regulation.
To the extent necessary to carry out the tasks conferred on it by this Regulation, the Authority may require financial supervisors, by way of instructions, to make use of their powers in the area of AML/CFT, under and in accordance with the conditions set out in national law, where this Regulation does not confer such powers on the Authority.
For the purposes of exercising the powers referred to in the first and second subparagraphs, the Authority may issue binding decisions addressed to individual selected obliged entities. The Authority shall have the power to apply administrative measures and impose pecuniary sanctions for non-compliance with the decisions taken in the exercise of the power laid down in Article 21 in accordance with Article 22.
With respect to supervisors and supervisory authorities, the Authority shall have the following powers:
to require the submission of information or documents, including written or oral explanations, necessary for the performance of its functions, including statistical information and information concerning internal processes or arrangements of national supervisors and supervisory authorities, and to access that information in and extract it from the common structured questionnaires and other online and offline tools developed by the Authority;
to issue guidelines and recommendations;
to issue requests to act and instructions on measures to be taken in relation to non-selected obliged entities pursuant to Chapter II, Section 4;
to carry out mediation upon the request of a financial supervisor or of a non-financial supervisor;
upon the request of financial supervisors, to settle, with binding effect, disagreements between financial supervisors, including in the context of the AML/CFT supervisory colleges.
With respect to FIUs in Member States, the Authority shall have the following powers:
to request non-operational data and analyses from FIUs, where they are necessary for the assessment of threats, vulnerabilities and risks facing the internal market in relation to ML/TF;
to collect information and statistics in relation to the tasks and activities of FIUs;
to obtain and process information and data required for initiating, conducting and coordinating joint analyses as specified in Article 40;
to issue guidelines and recommendations.
For the purposes of carrying out the tasks set out in Article 5(1), the Authority shall have the following powers:
to develop draft regulatory technical standards in accordance with Article 49;
to develop draft implementing technical standards in accordance with Article 53;
to issue guidelines and recommendations, as provided for in Article 54;
to provide opinions to the European Parliament, to the Council and to the Commission, as provided for in Article 55.
SECTION 2
AML/CFT supervisory system
Article 7
Cooperation within the AML/CFT supervisory system
Article 8
AML/CFT supervisory methodology
When developing the supervisory methodology, the Authority shall distinguish between obliged entities, including on the basis of their activities and the type and nature of the ML/TF risks to which they are exposed. The supervisory methodology shall be risk-based and contain at least the following elements:
benchmarks and a methodology for classification of obliged entities into risk categories on the basis of their residual risk profile, separately for each category of obliged entities;
approaches to supervisory review of ML/TF risk self-assessments of obliged entities;
approaches to supervisory review of obliged entities’ internal policies and procedures, including their customer due diligence policies and procedures, in line with a risk-based approach to the prevention of ML/TF;
approaches to supervisory evaluation of risk factors inherent in, or related to, customers, business relationships, transactions and delivery channels of obliged entities, as well as geographical risk factors.
The tools developed by the Authority shall ensure the collection of objective and comparable AML/CFT-related data and information from obliged entities and enable an efficient and speedy exchange of information between supervisors and the Authority.
The Authority shall endeavour to develop those tools as soon as the supervisory methodology is applicable across the entire AML/CFT supervisory system.
Article 9
Thematic reviews
No later than 1 December each year, supervisory authorities shall provide information to the Authority on supervisory reviews which they intend to carry out, on a thematic basis, during the following year or supervisory term and which aim to assess ML/TF risks or a specific aspect of such risks to which multiple obliged entities are exposed at the same time. The following information shall be provided:
the scope of each planned thematic review in terms of category and number of obliged entities included and the subject matter of the review;
the timeframe of each planned thematic review;
the planned types, nature and frequency of supervisory activities to be performed in relation to each thematic review, including any on-site inspections or other types of direct interaction with obliged entities, where applicable.
Article 10
Mutual assistance in the AML/CFT supervisory system
The Authority may, as appropriate, develop:
new practical instruments and convergence tools to promote common supervisory approaches and best practices;
practical tools and methods for mutual assistance following:
specific requests from supervisory authorities;
referral of disagreements between supervisory authorities on the measures to be taken jointly by several supervisory authorities in relation to an obliged entity.
The Authority shall facilitate and encourage at least the following activities:
sectoral and cross-sectoral training programmes, including with respect to technological innovation;
exchanges of staff and the use of secondment schemes, twinning and short-term visits;
exchanges of supervisory best practices between supervisory authorities where one authority has developed expertise in a specific area of AML/CFT supervisory practices.
Article 11
Central AML/CFT database
The Authority shall make the information available to supervisory authorities, non-AML/CFT authorities, other national authorities and bodies competent for ensuring compliance with Directive 2008/48/EC of the European Parliament and of the Council ( 2 ), Directive 2009/110/EC of the European Parliament and of the Council ( 3 ), Directive 2009/138/EC of the European Parliament and of the Council ( 4 ), Directive 2014/17/EU of the European Parliament and of the Council ( 5 ), Regulation (EU) No 537/2014 of the European Parliament and of the Council ( 6 ), Directive 2014/56/EU of the European Parliament and of the Council ( 7 ), Directive 2014/65/EU of the European Parliament and of the Council ( 8 ) or Directive (EU) 2015/2366 of the European Parliament and of the Council ( 9 ), and to the European Supervisory Authorities, namely, the European Banking Authority (EBA), the European Securities and Markets Authority (ESMA) and the European Insurance and Occupational Pensions Authority (EIOPA) (collectively, ‘the ESAs’), on a need-to-know and confidential basis, where it is necessary for the fulfilment of their tasks.
The Authority shall also analyse the collected information and may share the results of its analysis on its own initiative with supervisory authorities, where to do so would facilitate their supervisory activities, and, where relevant, with obliged entities.
The supervisory authorities shall transmit to the Authority at least the following information, including the data related to individual obliged entities, so that the Authority enters that information into the database:
a list of all supervisory authorities and self-regulatory bodies in their Member State entrusted with the supervision of obliged entities, including information about their mandate, tasks and powers and, where applicable, the identification of the leading supervisor or coordination mechanism;
statistical information about the categories and the number of supervised obliged entities per category in their Member State and basic information about the risk profile of those entities;
the administrative measures applied and pecuniary sanctions imposed in the course of supervision of individual obliged entities in response to breaches of AML/CFT requirements, accompanied by:
the grounds for applying the administrative measure or imposing the pecuniary sanction, such as the nature of the breach;
related information on the supervisory activities and outcomes which led to the administrative measure being applied or the pecuniary sanction being imposed;
any advice or opinion related to ML/TF risks provided to other authorities in relation to authorisation procedures, withdrawal of authorisation procedures, and ‘fit and proper’ assessments of shareholders or members of the management body of individual obliged entities;
the outcomes of their assessments of the inherent and residual risk profiles of all credit institutions and financial institutions that meet the criteria set out in Article 12(1);
the outcomes and reports of thematic reviews and other horizontal supervisory actions with regard to high-risk areas or activities;
information regarding the supervisory activities they performed over the past calendar year, gathered pursuant to Article 40(5) of Directive (EU) 2024/1640;
statistical information about staffing and other resources of supervisors and supervisory authorities.
The information provided pursuant to the first subparagraph shall not include references to specific suspicions reported pursuant to Article 69 of Regulation (EU) 2024/1624.
The Authority shall also enter into the database the information stemming from its activities in the area of direct supervision which corresponds to the categories of information listed in the first subparagraph, as well as the outcomes of the risk assessment process carried out by the Authority pursuant to Article 12.
The information referred to in the first subparagraph shall include instances where the authorities and bodies referred to in that subparagraph have reasonable grounds to suspect that ML/TF is being attempted or committed or that an increased risk thereof exists in connection with an obliged entity, and where such reasonable grounds arose in the context of the exercise of their respective tasks. The database shall also include relevant information which authorities or bodies supervising credit institutions in accordance with Directive 2013/36/EU of the European Parliament and of the Council ( 10 ), including the ECB when acting in accordance with Regulation (EU) No 1024/2013, have obtained, in the context of ongoing supervision, including information on business model assessments, assessments of governance arrangements, authorisation procedures, assessments of acquisitions of qualifying holdings, ‘fit and proper’ assessments and procedures related to the withdrawal of licences.
The Authority shall develop draft regulatory technical standards specifying:
the procedure, formats and timelines for the transmission of information pursuant to paragraphs 2 and 3;
the scope and level of detail of the information to be transmitted, taking into account relevant distinctions between obliged entities, such as their risk profile;
the scope and level of detail of the information to be transmitted in relation to obliged entities in the non-financial sector;
the type of information the disclosure of which by the Authority, pursuant to a reasoned request or at its own initiative, requires the prior consent of the supervisory authority that originated it;
which level of materiality a breach needs to have in order for a supervisory authority to be obliged to transmit information on the breach pursuant to paragraph 2, point (c);
the conditions under which the Authority may request additional information pursuant to paragraph 3;
the types of additional information to be transmitted to the Authority pursuant to paragraph 3.
The Authority shall submit those draft regulatory technical standards to the Commission by 27 December 2025.
The Commission is empowered to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Article 49 of this Regulation.
SECTION 3
Direct supervision of selected obliged entities
Article 12
Assessment of credit institutions and financial institutions for the purposes of selection for direct supervision
The methodology for classifying inherent and residual risk profiles shall be established separately for at least the following categories of obliged entities:
credit institutions;
bureaux de change;
collective investment undertakings;
credit providers other than credit institutions;
e-money institutions;
investment firms;
payment institutions;
life insurance undertakings;
life insurance intermediaries;
crypto-asset service providers;
other financial institutions.
For each category of obliged entities referred to in paragraph 4, the benchmarks for the assessment of inherent risk in the assessment methodology shall be based on the risk factor categories related to customers, products, services, transactions, delivery channels and geographical areas. The benchmarks shall be established for at least the following indicators of inherent risk in any Member State in which the obliged entities operate:
with respect to customer-related risk: the share of non-resident customers from third countries identified pursuant to Chapter III, Section 2, of Regulation (EU) 2024/1624 and the presence and share of customers identified as politically exposed persons;
with respect to products and services offered:
the significance and the trading volume of products and services identified as the most vulnerable to ML/TF risks either at the level of the internal market, in the risk assessment at Union level, or at the level of the country, in the national risk assessment;
for money remittance service providers, the significance of the aggregate annual emission and reception activities of each remitter in the countries identified pursuant to Chapter III, Section 2, of Regulation (EU) 2024/1624;
the relative volume of products, services and transactions that offer a considerable level of protection of clients’ privacy and identity or other form of anonymity;
with respect to geographical areas:
the annual volume of correspondent banking services and correspondent crypto-asset services, provided by Union financial sector entities in third countries identified pursuant to Chapter III, Section 2, of Regulation (EU) 2024/1624;
the number and share of correspondent banking clients and crypto-asset clients in third countries identified pursuant to Chapter III, Section 2, of Regulation (EU) 2024/1624.
The Authority shall develop draft regulatory technical standards specifying:
the minimum activities to be carried out by a credit institution or a financial institution under the freedom to provide services, whether through infrastructure or remotely, for it to be considered as operating in a Member State other than that where it is established;
the methodology based on the benchmarks referred to in paragraphs 5 and 6 for classifying the inherent and residual risk profiles of credit institutions or financial institutions, or groups of credit institutions or financial institutions, as low, medium, substantial or high.
The Authority shall submit those draft regulatory technical standards to the Commission by 1 January 2026.
The Commission is empowered to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Article 49 of this Regulation.
Article 13
The listing of selected obliged entities
In deciding on a specific different number of selected obliged entities as referred to in the first subparagraph, the Authority shall take into account its own resources in terms of its capacity to allocate or additionally hire the necessary number of supervisory and support staff and shall ensure that the required increase in the financial and human resources is feasible.
Pursuant to the decision on the maximum number, the selected obliged entities shall be those obliged entities qualifying under paragraph 1 which are operating in the highest number of Member States whether through establishments or under the freedom to provide services.
Where the application of the criterion referred to in the third subparagraph yields more than the set maximum number of selected obliged entities, the Authority shall select, from the obliged entities that would be selected in accordance with that subparagraph and that operate in the smallest number of Member States, those which have the highest ratio of the volume of transactions with third countries to the total volume of transactions measured over the last financial year.
Following the additional selection process, the credit institution, financial institution or group of credit institutions or financial institutions, established or registered in that Member State whose risk profile is classified as high, shall qualify as a selected obliged entity.
Where several credit institutions or financial institutions, or groups of credit institutions or financial institutions, in the Member State in question have a risk profile that is classified as high, the entity operating in the highest number of Member States whether through establishments or under the freedom to provide services shall qualify as the selected obliged entity. If several credit institutions or financial institutions, or groups of credit institutions or financial institutions, operate in the same number of Member States, the entity with the highest ratio of transaction volume with third countries to total transaction volume measured over the last financial year shall qualify as a selected obliged entity.
Article 14
Additional transfer of direct supervision tasks and powers in exceptional circumstances upon the request of a financial supervisor
The request referred to in the first subparagraph shall only be submitted in exceptional circumstances with the aim of addressing at Union level a heightened ML/TF risk or compliance failures at a non-selected obliged entity and to ensure a consistent application of high supervisory standards.
The request referred to in paragraph 1 shall:
identify the non-selected obliged entity in respect of which the financial supervisor is of the view that the Authority should assume direct supervision;
state the reasons for which AML/CFT direct supervision of the non-selected obliged entity is necessary;
identify and duly justify the proposed transfer date and the period for which the transfer of the tasks and powers is requested; and
provide all necessary supporting information, data and evidence that could be useful for the assessment of the request.
The Authority shall assess the request referred to in paragraph 1 within two months, or within a timeframe that allows the transfer of tasks and powers by the date proposed in the request, whichever is longer. The Authority shall only agree to the requested transfer of direct supervision where at least one of the following conditions is met:
the requesting supervisor can demonstrate the inefficacy of supervisory measures imposed on the non-selected obliged entity in relation to serious, repeated or systematic breaches of applicable requirements;
the heightened ML/TF risk or the serious, repeated or systematic breaches of applicable requirements affect several entities within a non-selected obliged entity group, and the relevant financial supervisors agree that coordinated supervisory action at Union level would be more effective to address them;
the request concerns a temporary, objective and demonstrable lack of capacity at the level of the financial supervisor to adequately and timely address the ML/TF risk of a non-selected obliged entity.
Upon the end of the duration of the direct supervision by the Authority, set out in the decision referred to in the first subparagraph, the tasks and powers related to the direct supervision of the obliged entity concerned shall automatically be transferred back to the financial supervisor, unless the Authority extends the application of that decision following a corresponding request made by the financial supervisor in accordance with paragraphs 1 to 4.
Article 15
Cooperation within the AML/CFT supervisory system for the purposes of direct supervision
The Authority shall develop implementing technical standards specifying:
the conditions under which financial supervisors are to assist the Authority pursuant to paragraph 2;
the process of periodic assessment referred to in Article 12(1), including the roles of the supervisory authorities and the Authority in assessing the risk profile of credit institutions and financial institutions referred to in that paragraph;
the working arrangements for the transfer of supervisory tasks and powers to the Authority or from the Authority to national level following a selection process, including arrangements on the continuity of pending supervisory procedures or investigations;
the procedures for the preparation and adoption of decisions on the selection of obliged entities;
the detailed rules and arrangements for the composition and functioning of the joint supervisory teams referred to in Article 16(1) and (2).
The Authority shall submit those draft implementing technical standards to the Commission by 1 January 2026.
The Commission is empowered to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 53.
Article 16
Joint supervisory teams
Each financial supervisor that appoints more than one staff member to the joint supervisory team pursuant to paragraph 4 may designate one of them as sub-coordinator (‘national sub-coordinator’). The national sub-coordinators shall assist the JST coordinator as regards the organisation and coordination of the tasks in the joint supervisory team, in particular as regards the staff members that were appointed by the same financial supervisor as the relevant national sub-coordinator. The national sub-coordinator may give instructions to the members of the joint supervisory team appointed by the same financial supervisor, provided that those instructions do not conflict with the instructions given by the JST coordinator.
The tasks of a joint supervisory team shall include the following:
performing the supervisory reviews and assessments of the selected obliged entities;
coordinating on-site inspections of selected obliged entities and preparing supervisory measures where necessary;
participating in the preparation of draft decisions applicable to the respective selected obliged entity to be proposed to the General Board and Executive Board, taking into account the reviews, assessments and on-site inspections referred to in points (a) and (b);
liaising with financial supervisors where that is necessary to exercise supervisory tasks in any Member State where a selected obliged entity is established.
Article 17
Requests for information
Article 18
General investigations
To that end, the Authority may:
require the submission of documents;
examine the books and records of the persons concerned and take copies or extracts from the books and records;
obtain access to internal audit reports, certification of accounts, and any software, databases, IT tools or other electronic means of recording information;
obtain access to documents and information relating to decision-making processes, including those developed by algorithms or other digital processes;
obtain written or oral explanations from any person referred to in Article 17 or their representatives or staff;
interview any other person who consents to being interviewed for the purpose of collecting information relating to the subject matter of an investigation.
Article 19
On-site inspections
Article 20
Authorisation by a judicial authority
Article 21
Administrative measures
For the purpose of carrying out its tasks referred to in Article 5(2), the Authority shall have the power to apply the administrative measures set out in paragraphs 2 and 3 of this Article to require any selected obliged entity to take the necessary measures where:
the selected obliged entity is found to be in breach of the Union acts and national legislation referred to in Article 1(2);
the Authority has sufficient and demonstrable indications that the selected obliged entity is likely to breach the Union acts and national legislation referred to in Article 1(2) and the application of an administrative measure can prevent the occurrence of the breach or reduce the risk thereof;
based on a duly justified determination by the Authority, the internal policies, procedures and controls in place in the selected obliged entity are not commensurate to the risks of money laundering, its predicate offences or terrorist financing to which the selected obliged entity is exposed.
For the purposes of Article 6(1), the Authority shall have, in particular, the power to apply the following administrative measures:
issue recommendations;
order obliged entities to comply, including to implement specific corrective measures;
issue a public statement which identifies the natural or legal person and the nature of the breach;
issue an order requiring the natural or legal person to cease the conduct and to desist from repetition of that conduct;
restrict or limit the business, operations or network of institutions comprising the selected obliged entity, or require the divestment of activities;
require changes in the governance structure;
where a selected obliged entity is subject to authorisation, propose the withdrawal or suspension of that authorisation to the authority that has granted it; where the authority which has granted that authorisation does not follow the Authority’s proposal to suspend or withdraw, the Authority shall request it to provide the reasons thereof in writing.
By means of the administrative measures referred to in paragraph 2, the Authority may in particular:
require the provision of any data or information necessary for the fulfilment of tasks listed in Article 5(2) without undue delay, require the submission of any document, or impose additional or more frequent reporting requirements;
require the reinforcement of the internal policies, procedures and controls;
require the application of a specific policy or requirements relating to categories of, or individual, clients, transactions, activities or delivery channels that pose high ML/TF risks;
require the implementation of measures to decrease the ML/TF risks in the activities and products of selected obliged entities;
temporarily ban any person exercising managerial responsibilities in the selected obliged entity, or any other natural person held responsible for the breach, from exercising managerial functions in obliged entities.
Article 22
Pecuniary sanctions
The basic amount of the pecuniary sanctions referred to in paragraph 1 shall be included within the following limits:
for serious, repeated or systematic breaches of one or more requirements related to customer due diligence, group-wide policies, procedures and controls or reporting obligations that have been identified in two or more Member States where a selected obliged entity operates, the amount shall be at least EUR 500 000 and shall not exceed EUR 2 000 000 or 1 % of the annual turnover, whichever is higher;
for serious, repeated or systematic breaches of one or more requirements related to customer due diligence, internal policies, procedures and controls or reporting obligations that have been identified in one Member State where a selected obliged entity operates, the amount shall be at least EUR 100 000 and shall not exceed EUR 1 000 000 or 0,5 % of the annual turnover, whichever is higher;
for serious, repeated or systematic breaches of all other requirements that have been identified in two or more Member States where a selected obliged entity operates, the amount shall be at least EUR 100 000 and shall not exceed EUR 2 000 000 ;
for serious, repeated or systematic breaches of all other requirements that have been identified in one Member State where a selected obliged entity operates, the amount shall be at least EUR 100 000 and shall not exceed EUR 1 000 000 ;
for serious, repeated or systematic breaches of the decisions of the Authority referred to in Article 6(1), the amount shall be at least EUR 100 000 and shall not exceed EUR 1 000 000 .
The first subparagraph shall be applicable to pecuniary sanctions to be imposed on selected obliged entities for breaches of national law transposing Directive (EU) 2024/1640 and to any pecuniary sanctions to be imposed on members of the management body of selected obliged entities who under national law are responsible for a breach by the selected obliged entity.
When determining the amount of the pecuniary sanction, the Authority shall take due consideration of the ability of the selected obliged entity to pay the pecuniary sanction and, where the pecuniary sanction might affect compliance with prudential regulation, consult the authorities competent for supervising compliance by the selected obliged entities with applicable Union law.
Article 23
Periodic penalty payments
The Executive Board may adopt a decision imposing a periodic penalty payment in order to compel:
a selected obliged entity to put an end to a breach, where it fails to comply with an administrative measure applied pursuant to Article 21(2), point (b), (d), (e) or (f), and Article 21(3);
a person referred to in Article 17(1) to supply complete information which has been required by a decision pursuant to Article 6(1);
a person referred to in Article 17(1) to submit to an investigation and in particular to produce complete records, data, procedures or any other material required and to complete and correct other information provided in an investigation launched pursuant to Article 18.
Article 24
Hearing of persons subject to proceedings
Article 25
Publication of administrative measures, pecuniary sanctions and periodic penalty payments
By way of derogation from the first subparagraph, where the publication concerns administrative measures that are appealable and that do not aim to remedy serious, repeated and systematic breaches, the Authority may defer the publication of those administrative measures until the expiry of the deadline for lodging an appeal to the Court of Justice of the European Union.
Notwithstanding the requirement referred to in paragraph 1, where the publication of the identity or the personal data of the persons responsible is considered by the Authority to be disproportionate following a case-by-case assessment, or where publication jeopardises the stability of financial markets or an ongoing investigation, the Authority shall:
delay the publication of the decision until the moment when the reasons for not publishing it cease to exist;
publish the decision on an anonymous basis, if such anonymous publication ensures the effective protection of the personal data of the persons responsible; in that case, the Authority shall postpone the publication of the relevant data for a reasonable period if it is foreseen that within that period the reasons for anonymous publication shall cease to exist;
not publish the decision at all in the event that the options set out in points (a) and (b) are considered insufficient to ensure:
that the stability of financial markets would not be put in jeopardy; or
the proportionality of the publication of the decision with regard to administrative measures applied in accordance with Article 21(1), point (a), where such measures are deemed to be of a minor nature.
Article 26
Enforcement of pecuniary sanctions and periodic penalty payments and allocation of the amounts of those sanctions and payments
Enforcement shall be governed by the rules of civil procedure in force in the Member State in the territory of which enforcement is carried out. The order for enforcement shall be appended to the decision to impose pecuniary sanctions or periodic penalty payments pursuant to Articles 22 and 23 without any formality other than verification of the authenticity of the decision by the authority which the government of each Member State shall designate for that purpose and shall make known to the Authority and to the Court of Justice of the European Union.
When those formalities have been completed on application by the party concerned, that party may proceed to enforcement in accordance with national law, by bringing the matter directly before the competent body.
Enforcement may be suspended only by a decision of the Court of Justice of the European Union. However, the courts of the Member State concerned shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner.
Article 27
Procedural rules for taking supervisory measures and imposing pecuniary sanctions and periodic penalty payments
In order to carry out its tasks, the investigatory team may require information in accordance with Article 17 and conduct investigations and on-site inspections in accordance with Articles 18 and 19.
Where carrying out its tasks, the investigatory team shall have access to all documents and information gathered by the joint supervisory team in its supervisory activities.
The rights of defence of the persons concerned shall be fully respected during investigations under this Article.
The rules referred to in the first subparagraph shall be adopted by means of delegated acts supplementing this Regulation, in accordance with Article 100.
The Commission shall adopt the delegated acts referred to in the second subparagraph by 1 January 2027.
Article 28
Review by the Court of Justice of the European Union
The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions of the Authority imposing a pecuniary sanction or a periodic penalty payment. It may annul, or reduce or increase the amount of, the pecuniary sanction or periodic penalty payment imposed.
Article 29
Language arrangements in direct supervision
SECTION 4
Indirect supervision of non-selected obliged entities
Article 30
Assessments of the state of supervisory convergence
The Authority shall develop methods to allow for a consistent assessment of, and comparison between, the financial supervisors reviewed in the same cycle. At the end of each assessment cycle, the Authority shall submit its findings to the European Parliament and to the Council.
Article 31
Coordination and facilitation of the work of the AML/CFT supervisory colleges in the financial sector
The Authority shall ensure, within the scope of its powers and without prejudice to the powers of the relevant financial supervisors, that AML/CFT supervisory colleges in the financial sector are established and functioning consistently for non-selected obliged entities operating establishments in several Member States in accordance with Article 49 of Directive (EU) 2024/1640. To that end, the Authority may:
establish a college, where such a college has not yet been established even though the conditions for its establishment set out in Article 49 of Directive (EU) 2024/1640 are met, and convene and organise meetings of colleges;
assist in the organisation of college meetings, where requested by the relevant financial supervisors;
assist in the organisation of joint supervisory plans and joint on-site inspections or off-site investigations;
collect and share all relevant information in cooperation with the financial supervisors in order to facilitate the work of the college and make such information accessible to the authorities of the college;
promote effective and efficient supervisory activities and practices, including evaluating the risks to which non-selected obliged entities are or might be exposed;
oversee, in accordance with the tasks and powers specified in this Regulation, the tasks carried out by the financial supervisors.
Article 32
Requests to act in exceptional circumstances following indications of serious, repeated or systematic breaches
The Authority may, where it has indications of serious, repeated or systematic breaches by a non-selected obliged entity, request its financial supervisor to:
investigate such indications, which could concern breaches of Union law or, where such Union law is composed of directives or expressly grants options for Member States, breaches of national law to the extent that that national law transposes directives or exercises options granted to Member States by Union law; and
consider imposing sanctions on that entity in respect of such breaches in accordance with directly applicable Union law or national law transposing directives.
In that context, the Authority may, where necessary, also request the financial supervisor of a non-selected obliged entity to adopt an individual decision addressed to that entity requiring it to undertake all necessary actions to comply with its obligations under directly applicable Union law or under national law to the extent that it transposes directives or exercises options granted to Member States by Union law, including the cessation of any practice. The requests referred to in this paragraph shall not impede ongoing supervisory measures by the financial supervisor to which the request is addressed.
A request referred to in paragraph 2 may be initiated where the Authority has indications of a serious, repeated or systematic breach:
following notifications by financial supervisors pursuant to paragraph 1;
as a result of the Authority’s own collection of well-substantiated information; or
upon receipt of information from Union institutions, bodies, offices or agencies, or from any other reliable and credible information source.
A request from the Authority to the Commission pursuant to paragraph 5 shall contain the following:
a description of the serious, repeated or systematic breaches of the directly applicable requirements by the non-selected obliged entity and an explanation of why such breaches fall within the scope of competence of the Authority, pursuant to paragraphs 2 and 3;
an explanation of why the request to the financial supervisor referred to in paragraph 2 did not result in any action being taken within the time limit set in paragraph 4, including, where relevant, the information that no reply was submitted by the financial supervisor;
a proposed length of time of a maximum of three years, during which the Authority will exercise the relevant tasks and powers in relation to the non-selected obliged entity concerned;
a description of the measures that the Authority intends to take in relation to the non-selected obliged entity concerned upon the transfer of the relevant tasks and powers to address the serious, repeated or systematic breaches referred to in paragraph 2;
any relevant communication between the Authority and the financial supervisor concerned.
The request referred to in the first subparagraph shall be accompanied by the following:
a description of the measures that the Authority has taken in relation to the obliged entity concerned and of the further measures it intends to take;
a justification as to why those remaining measures address breaches that still fall within the scope of competence of the Authority, pursuant to paragraph 2;
a proposed length of time of a maximum of three years for the continued exercise of the tasks referred to in Article 5(2) and the powers referred to in Article 6(1) and Articles 17 to 23 in relation to the obliged entity;
any relevant communication between the Authority and the financial supervisor concerned.
The Commission shall adopt a decision whether to grant the extension within the time limit indicated in paragraph 7. Any extension granted pursuant to this paragraph may be granted only once.
Article 33
Settlement of disagreements between financial supervisors in cross-border situations
In cases other than those covered by Articles 46, 47, 49 and 54 of Directive (EU) 2024/1640, a financial supervisor shall request the assistance of the Authority without undue delay where a provision of Union law requires that financial supervisor to reach, with another financial supervisor, an agreement, arrangement or other form of established or formalised cooperation relating to the supervision of specific non-selected obliged entities, and any of the following occurs:
the agreement has been reached but has not been effectively applied or adhered to by one of the parties;
a financial supervisor concludes, on the basis of objective reasons, that a disagreement exists;
two months have elapsed from the date of receipt by a financial supervisor of a request from another financial supervisor to take certain action in order to comply with the legislative acts referred to in Article 1(2) of this Regulation and the requested supervisor has not adopted a decision that satisfies the request.
Article 34
Action in cases of systematic failures of supervision
The Authority may also investigate an alleged breach or non-application of Union law upon a well-substantiated request from one or more financial supervisors, the European Parliament or the Commission.
Where an investigation of a potential breach of Union law has been requested pursuant to the first or second subparagraph, the Authority shall duly inform the party making the request how it intends to proceed with the matter and whether an investigation into the alleged breach is warranted. Where the Authority decides to proceed with an investigation, it shall first inform the financial supervisor concerned.
Before issuing such a recommendation, the Authority shall engage with the financial supervisor where it considers that such engagement is appropriate in order to resolve the systematic failures of supervision resulting in the breach of Union law, in an attempt to reach an agreement on the actions necessary for compliance with Union law.
The financial supervisor shall, within 10 working days of receipt of the recommendation, inform the Authority of the steps it has taken or intends to take to ensure compliance with Union law.
The Commission shall issue such a formal opinion within three months of the date of adoption of the recommendation. The Commission may extend that period by one month.
The Authority and the financial supervisor shall provide the Commission with all necessary information.
SECTION 5
Oversight of the non-financial sector
Article 35
Peer reviews
The methods referred to in the first subparagraph shall take into account the specific features of the supervisory framework in cases where supervision is entrusted to self-regulatory bodies, including the role of the public authority responsible for overseeing those bodies pursuant to Article 52 of Directive (EU) 2024/1640, and the specific characteristics of supervisors in those cases.
The peer review shall include an assessment of, but not be limited to:
the adequacy of powers and of financial, human and technical resources, the degree of independence and the governance arrangements and professional standards of the non-financial supervisor to ensure the effective application of Chapter IV of Directive (EU) 2024/1640;
the effectiveness and the degree of convergence reached in the application of Union law and in supervisory practice, and the extent to which the supervisory practice achieves the objectives set out in Union law;
the application of best practices developed by non-financial supervisors whose adoption might be of benefit for other non-financial supervisors;
the effectiveness and the degree of convergence reached with regard to the enforcement of the provisions adopted in the implementation of Union law, including the pecuniary sanctions imposed and administrative measures applied against persons responsible where those provisions have not been complied with.
Article 36
Coordination and facilitation of the work of AML/CFT supervisory colleges in the non-financial sector
For the purposes of paragraph 1, the Authority may:
suggest the establishment of a college where no such college has been established even though the Authority considers that the ML/TF risk exposure of the obliged entity and the scale of its cross-border activities justify the establishment of a college, and the convocation and organisation of college meetings;
assist in the organisation of college meetings and in the assessment of whether the conditions for the participation of third-country supervisors in the college are met, where requested by the relevant non-financial supervisors;
assist in the organisation of joint supervisory plans and joint on-site inspections or off-site investigations;
assist the non-financial supervisors in the collection and sharing of all relevant information in order to facilitate the work of the college and make such information accessible to the supervisors in the college;
promote effective and efficient supervisory activities and practices, including evaluating the risks to which obliged entities in the non-financial sector are or might be exposed;
provide assistance to non-financial supervisors, upon their specific requests, including requests to mediate between non-financial supervisors in the situations covered by Article 50(2) and (3) of Directive (EU) 2024/1640.
Article 37
Warnings of breaches of Union law by non-financial supervisors and public authorities overseeing self-regulatory bodies
For the purposes of the first subparagraph, the Authority may act upon the request of one or more non-financial supervisors or public authorities, the European Parliament, the Council or the Commission, or on its own initiative, including where such action is based on well-substantiated information from natural or legal persons pursuant to Article 90.
The supervisor or public authority concerned shall, without delay, provide the Authority with the requested information.
Whenever the requested information from the supervisor or public authority concerned has proven, or is deemed to be, insufficient to obtain the information that is deemed necessary for the purposes of investigating the suspected breach, the Authority may, after having informed the supervisor or public authority concerned, address a duly justified and reasoned request for information directly to other supervisors or public authorities overseeing self-regulatory bodies.
The addressee of such a request shall provide the Authority with clear, accurate and complete information without undue delay.
Before issuing such a recommendation, the Authority shall engage with the supervisor or public authority concerned where it considers such engagement appropriate in order to resolve the breach, in an attempt to reach agreement on the actions necessary to that end.
The supervisor or public authority concerned shall, within 10 working days of receipt of the recommendation, inform the Authority of the steps it has taken or intends to take to resolve the breach.
The warning referred to in the first subparagraph shall be addressed:
in the case of a non-financial supervisor, to the counterpart supervisors in other Member States and, where the supervisor is a self-regulatory body, its public authority;
in the case of a public authority, to the self-regulatory bodies under its oversight.
Article 38
Settlement of disagreements between non-financial supervisors in cross-border situations
In cases other than those covered by Articles 46, 47, 50 and 54 of Directive (EU) 2024/1640, a non-financial supervisor shall request the assistance of the Authority without undue delay where a provision of Union law requires that non-financial supervisor to reach, with another non-financial supervisor or other non-financial supervisors, an agreement, an arrangement or other form of established or formalised cooperation relating to the supervision of specific obliged entities, and any of the following occurs:
the agreement has been reached but has not been effectively applied or adhered to by one of the parties,
a non-financial supervisor concludes on the basis of objective reasons that a disagreement exists;
two months have elapsed from the date of receipt by a non-financial supervisor of a request from another non-financial supervisor to take certain action in order to comply with the legislative acts referred to in Article 1(2) of this Regulation and the requested supervisor has not adopted a decision that satisfies the request.
SECTION 6
Support and coordination mechanism for FIUs
Article 39
Cooperation between the Authority and Financial Intelligence Units
An FIU may inform the Authority in the case of a failure by another FIU to cooperate. In that case, the Authority shall act as a mediator.
Article 40
Conduct of joint analyses
The Authority shall register all notifications received pursuant to the first subparagraph of this paragraph and assess the relevance of the case in accordance with the methods and criteria referred to in paragraph 1. Where the Authority assesses that the case is relevant, it shall, within five days of the initial notification, inform FIUs in all relevant Member States and invite them to take part in the joint analysis. To that end, the Authority shall use secured channels of communication. FIUs in all relevant Member States shall consider taking part in the joint analysis.
Where an FIU refuses to grant access to the staff of the Authority to the data pertaining to the subject matter of the case, it shall ensure that the information is otherwise provided in a way that does not impede the staff of the Authority in providing operational support to the joint analysis, nor otherwise effectively hamper their ability to provide such support.
Where several FIUs refuse to grant access to the data pertaining to the subject matter of the case, the Authority shall re-assess whether the tasks that its staff would perform justify its support to the joint analysis, and consider recommending that the joint analysis proceeds without its support instead.
In the case of a hit, the Authority shall share with all FIUs participating in the joint analysis the information that triggered the hit to the extent that the provider of the information authorised its sharing and that the information is necessary for the conduct of the joint analysis.
For the purposes of this paragraph, the Authority shall use a system designed for the cross-matching of information relevant for the purposes of preventing money laundering, its predicate offences and terrorist financing in a proportionate manner. That system shall ensure a level of security and confidentiality proportionate to the nature and extent of the information cross-matched. The methods and procedures to be established for the conduct of the joint analyses pursuant to Article 43(1) and the working arrangements to be concluded pursuant to Article 94(2) shall specify the methods for carrying out the cross-matching on the basis of a hit/no-hit system as referred to in the first subparagraph of this paragraph.
Article 41
Reporting and transmission of the results of joint analyses
The Authority shall submit those draft implementing technical standards to the Commission by 27 June 2026.
The Commission is empowered to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 53.
The conditions for the exchange of the information referred to in the first subparagraph shall be laid down in the working arrangements referred to in Article 94.
Article 42
Requests by the Authority for the initiation of a joint analysis
Article 43
Review of the methods and procedures for, and conduct of, joint analyses
Article 44
National FIU delegates
Article 45
Mutual assistance in the area of cooperation between FIUs
In the context of promoting cooperation between, and supporting the work of, FIUs, the Authority, taking into account the needs of FIUs, shall promote common approaches, methods and best practices. The Authority shall also organise and facilitate in particular the following activities:
training programmes, including with respect to technological innovation;
personnel exchanges and secondment schemes, including secondment of FIU staff from a Member State to the Authority;
exchanges of practices between FIUs, including sharing expertise in a specific area;
development or procurement of IT tools and services to enhance the analysis capabilities of FIUs.
Article 46
Mediation between FIUs
Article 47
FIU.net
The Authority shall also be responsible for the following tasks relating to FIU.net:
implement appropriate technical and organisational measures to ensure a level of security that protects personal data;
plan, coordinate, manage and support any testing activities;
ensure adequate financial resources;
provide training on the technical use of FIU.net by end-users.
Where the General Board in FIU composition adopts a decision suspending the access of an FIU to FIU.net, the General Board shall act unanimously by vote of all members of the General Board in FIU composition, except the head of the FIU in question.
The General Board in FIU composition shall define the criteria for the suspension of access to FIU.net and adopt rules of procedure for such suspension.
Article 48
Peer review
Where relevant, the planning and conducting of peer reviews shall take due account of the evaluations, assessments and reports drawn up by international organisations and intergovernmental bodies with competence in the field of preventing and detecting money laundering, its predicate offences and terrorist financing.
The peer review of the activities of an FIU shall include an assessment of, but shall not be limited to, the following:
the adequacy of the FIU’s resources, including human and technical and IT resources, to perform its functions;
the measures implemented to ensure that the FIU has operational independence and autonomy and is not subject to undue influence;
the measures that the FIU has put in place to protect the security and confidentiality of information;
the FIU’s function to receive suspicious transaction reports and other disclosures, including the number and nature of disclosures received and their quality;
the measures that the FIU has put in place to enhance the reporting of suspicious transactions by obliged entities, in particular in relation to their quality;
the FIU’s access to and use of additional information to enrich its analysis;
the tools used by the FIU to carry out an analysis;
the extent to which the FIU’s analysis and dissemination support the operational needs of authorities competent for the investigation and prosecution of money laundering, its predicate offences and terrorist financing;
domestic cooperation between the FIU and other competent authorities;
cross-border cooperation between the FIU and FIUs from other Member States.
SECTION 7
Common instruments
Article 49
Regulatory technical standards
Regulatory technical standards shall be technical, shall not imply strategic decisions or policy choices and their content shall be delimited by the legislative acts on which they are based.
Before submitting them to the Commission, the Authority shall conduct open public consultations on draft regulatory technical standards and shall analyse the potential related costs and benefits, unless those consultations and analyses are highly disproportionate to the scope and impact of the draft regulatory technical standards concerned or in relation to the particular urgency of the matter.
Within three months of receipt of a draft regulatory technical standard, the Commission shall decide whether to adopt it. The Commission shall inform the European Parliament and the Council in due time where the adoption cannot take place within the three-month period. The Commission may adopt the draft regulatory technical standard in part only, or with amendments, where the Union’s interests so require.
Where the Commission intends not to adopt a draft regulatory technical standard or to adopt it in part or with amendments, it shall send the draft regulatory technical standard back to the Authority, explaining why it does not adopt it or explaining the reasons for its amendments.
The Commission shall send a copy of its letter to the European Parliament and to the Council. Within a period of six weeks, the Authority may amend the draft regulatory technical standard on the basis of the Commission’s proposed amendments and resubmit it in the form of a formal opinion to the Commission. The Authority shall send a copy of its formal opinion to the European Parliament and to the Council.
If, on the expiry of that six-week period, the Authority has not submitted an amended draft regulatory technical standard, or has submitted a draft regulatory technical standard that is not amended in a way consistent with the Commission’s proposed amendments, the Commission may adopt the regulatory technical standard with the amendments it considers relevant, or reject it.
The Commission shall not change the content of a draft regulatory technical standard prepared by the Authority without prior coordination with the Authority, as set out in this Article.
The Commission shall conduct open public consultations on draft regulatory technical standards and analyse the potential related costs and benefits, unless such consultations and analyses are disproportionate to the scope and impact of the draft regulatory technical standards concerned or in relation to the particular urgency of the matter.
The Commission shall immediately forward the draft regulatory technical standard to the European Parliament and the Council.
The Commission shall send its draft regulatory technical standard to the Authority. Within a period of six weeks, the Authority may amend the draft regulatory technical standard and submit it in the form of a formal opinion to the Commission. The Authority shall send a copy of its formal opinion to the European Parliament and to the Council.
If on the expiry of the six-week period referred to in the fourth subparagraph, the Authority has not submitted an amended draft regulatory technical standard, the Commission may adopt the regulatory technical standard.
If the Authority has submitted an amended draft regulatory technical standard within the six-week period, the Commission may amend the draft regulatory technical standard on the basis of the Authority’s proposed amendments or adopt the regulatory technical standard with the amendments it considers relevant. The Commission shall not change the content of the draft regulatory technical standard prepared by the Authority without prior coordination with the Authority, as set out in this Article.
Article 50
Exercise of the delegation
Article 51
Objections to regulatory technical standards
The regulatory technical standard may be published in the Official Journal of the European Union and enter into force before the expiry of the period referred to in paragraph 1 if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
Article 52
Non-endorsement or amendment of draft regulatory technical standards
Article 53
Implementing technical standards
Before submitting draft implementing technical standards to the Commission, the Authority shall conduct open public consultations and shall analyse the potential related costs and benefits, unless such consultations and analyses are highly disproportionate to the scope and impact of the draft implementing technical standards concerned or in relation to the particular urgency of the matter.
Within three months of receipt of a draft implementing technical standard, the Commission shall decide whether to adopt it. The Commission may extend that period by one month. The Commission shall inform the European Parliament and the Council in due time where the adoption cannot take place within the three-month period. The Commission may adopt the draft implementing technical standard in part only, or with amendments, where the Union’s interests so require.
Where the Commission intends not to adopt a draft implementing technical standard or intends to adopt it in part or with amendments, it shall send it back to the Authority explaining why it does not intend to adopt it or explaining the reasons for its amendments. The Commission shall send a copy of its letter to the European Parliament and to the Council. Within a period of six weeks, the Authority may amend the draft implementing technical standard on the basis of the Commission’s proposed amendments and resubmit it in the form of a formal opinion to the Commission. The Authority shall send a copy of its formal opinion to the European Parliament and to the Council.
If, on the expiry of the six-week period referred to in the fourth subparagraph, the Authority has not submitted an amended draft implementing technical standard, or has submitted a draft implementing technical standard that is not amended in a way consistent with the Commission’s proposed amendments, the Commission may adopt the implementing technical standard with the amendments it considers relevant or reject it.
The Commission shall not change the content of a draft implementing technical standard prepared by the Authority without prior coordination with the Authority, as set out in this Article.
The Commission shall conduct open public consultations on draft implementing technical standards and analyse the potential related costs and benefits, unless such consultations and analyses are disproportionate to the scope and impact of the draft implementing technical standards concerned or in relation to the particular urgency of the matter.
The Commission shall immediately forward the draft implementing technical standard to the European Parliament and the Council.
The Commission shall send the draft implementing technical standard to the Authority. Within a period of six weeks, the Authority may amend the draft implementing technical standard and submit it in the form of a formal opinion to the Commission. The Authority shall send a copy of its formal opinion to the European Parliament and to the Council.
If, on the expiry of the six-week period referred to in the fourth subparagraph, the Authority has not submitted an amended draft implementing technical standard, the Commission may adopt the implementing technical standard.
If the Authority has submitted an amended draft implementing technical standard within that six-week period, the Commission may amend the draft implementing technical standard on the basis of the Authority’s proposed amendments or adopt the implementing technical standard with the amendments it considers relevant.
The Commission shall not change the content of the draft implementing technical standards prepared by the Authority without prior coordination with the Authority, as set out in this Article.
Article 54
Guidelines and recommendations
Within two months of the issuance of a guideline or recommendation, each supervisory authority, supervisor or FIU shall confirm whether it complies or intends to comply with that guideline or recommendation. In the event that a supervisory authority, supervisor or FIU does not comply or does not intend to comply, it shall inform the Authority, stating its reasons.
The Authority shall publish the fact that a supervisory authority, supervisor or FIU does not comply or does not intend to comply with that guideline or recommendation. The Authority may also decide, on a case-by-case basis, to publish the reasons provided by the supervisory authority, supervisor or FIU for not complying with that guideline or recommendation. The supervisory authority, supervisor or FIU shall receive advance notice of such publication.
If required by that guideline or recommendation, obliged entities shall report, in a clear and detailed way, whether they comply with that guideline or recommendation.
Article 55
Opinions and technical advice
In its opinions, the Authority may, where appropriate, address the functioning of legislative acts in force, including the appropriateness of removing any redundant or obsolete reporting requirements in Union law or in measures of national law transposing Union law.
To provide opinions on legislative acts in force, as referred to in the second subparagraph, the Authority may consult all relevant stakeholders specifically on that matter and take their input into account. The Commission may, after considering those opinions, where appropriate, submit to the European Parliament and to the Council a legislative proposal.
CHAPTER III
ORGANISATION OF THE AUTHORITY
Article 56
Administrative and management structure
The Authority’s structure shall comprise:
a General Board, which shall exercise the tasks set out in Article 60;
an Executive Board, which shall exercise the tasks set out in Article 64:
a Chair of the Authority, who shall exercise the tasks set out in Article 69;
an Executive Director, who shall exercise the tasks set out in Article 71;
an Administrative Board of Review, which shall exercise the functions listed in Article 74.
SECTION 1
General board
Article 57
Composition of the General Board
The General Board in supervisory composition shall be composed of:
the Chair of the Authority, with the right to vote;
the heads of the supervisory authorities of obliged entities in each Member State, with the right to vote;
one representative of the Commission, without the right to vote.
The heads of the supervisory authorities referred to in the first subparagraph, point (b), in each Member State shall share a single vote and shall agree on a single common representative, which shall be either a permanent representative or an ad hoc voting representative, for the purposes of each specific meeting or voting procedure. Where items to be discussed by the General Board in supervisory composition concern the competence of several supervisory authorities, the single common representative may be accompanied by a representative from up to two other supervisory authorities, without the right to vote.
Each supervisory authority that has a voting member under an ad hoc or permanent agreement shall be responsible for nominating a high-level alternate from its authority, who may replace the voting member of the General Board referred to in the second subparagraph where that person is unable to attend.
The General Board in FIU composition shall be composed of:
the Chair of the Authority, with the right to vote;
the heads of FIUs, with the right to vote;
one representative of the Commission, without the right to vote.
Each FIU shall nominate a high-level alternate from its unit, who may replace the head of the FIU referred to in the first subparagraph, point (b), where that person is unable to attend.
The circumstances under which the Union institution, bodies, offices and agencies listed in the first subparagraph are to be invited to the meetings of the General Board shall be specified in the rules of procedure of the General Board and reflect an agreement reached between the Authority and each of those observers.
Other observers may be admitted on an ad hoc basis if approved by a two-thirds majority of the voting members of the General Board in the relevant composition.
Article 58
Delegation of tasks and decisions, and internal committees of the General Board
The standing committee shall have no decision-making powers. It shall execute its tasks in the interest of the Union as a whole and shall work in full transparency with the General Board in FIU composition.
The General Board in FIU composition shall adopt the rules of procedure of the standing committee. The composition of the standing committee shall ensure a fair balance and rotation between the members or representatives of national FIUs. Its nine members shall be appointed by the General Board in FIU composition.
Article 59
Independence of the General Board
Article 60
Tasks of the General Board
The General Board in supervisory composition and the Executive Board shall jointly agree on, and adopt, the procedures and timelines to be followed for the purpose of providing the opinion referred to in the first subparagraph.
Article 61
Voting rules of the General Board
The Chair of the Authority shall not vote on the decisions referred to in the first subparagraph of this paragraph, the opinions referred to in Article 60(2) or the decisions related to the evaluation of the performance of the Executive Board referred to in Article 63(5).
Article 62
Meetings of the General Board
SECTION 2
Executive board
Article 63
Composition and appointment of the Executive Board
The Executive Board shall be composed of:
the Chair of the Authority;
five full-time members, including the Vice-Chair.
Where the Executive Board carries out the tasks referred to in Article 64(4), points (a) to (l), a representative of the Commission shall be entitled to participate in the debates and shall only have access to the documents pertaining to those tasks.
That member of the General Board shall not be present during the vote following such deliberations.
The Commission shall prepare a shortlist of candidates for the position of the Executive Board members referred to in paragraph 1, point (b). The European Parliament may conduct hearings of the candidates on that shortlist.
The General Board shall submit a proposal for the appointment of the Executive Board members referred to in paragraph 1, point (b), to the European Parliament, based on the shortlist prepared by the Commission. Following the European Parliament’s approval of that proposal, the Council shall adopt an implementing decision to appoint those Executive Board members. The Council shall act by qualified majority.
Throughout the appointment process, the principles of gender and geographical balance shall be taken into account to the extent possible.
During a period of 18 months after ceasing to hold office, the former Executive Board members, including the Chair and Vice-Chair of the Authority, shall be prohibited from engaging in a gainful occupational activity with:
a selected obliged entity;
any other entity, where doing so would or could lead to a conflict with the legitimate interests of the Authority.
In its rules for the prevention and management of conflicts of interest in respect of its members, referred to in Article 64(4), point (e), the Executive Board shall specify the circumstances under which such a conflict of interest exists or could be perceived to exist.
Article 64
Tasks of the Executive Board
In addition, the Executive Board shall have the following tasks:
adopt, by 30 November of each year, on the basis of a proposal by the Executive Director, the draft single programming document in accordance with Article 65, and transmit it, for information to the European Parliament, the Council and the Commission by 31 January of the following year, as well as adopt and transmit any other updated version of the document;
adopt the draft annual budget of the Authority and exercise other functions in respect of the Authority’s budget;
assess and adopt a consolidated annual report on the Authority’s activities, including an overview of the fulfilment of its tasks, transmit it, by 1 July of each year, to the European Parliament, the Council, the Commission and the Court of Auditors, and make it public;
adopt an anti-fraud strategy, proportionate to fraud risks, taking into account the costs and benefits of the measures to be implemented;
adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as the members of the Administrative Board of Review;
adopt its rules of procedure;
exercise, with respect to the staff of the Authority, the appointing authority powers;
adopt appropriate implementing rules for giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110(2) of the Staff Regulations;
appoint the Executive Director and remove him or her from office in accordance with Article 70(5);
appoint an accounting officer, who may be the Commission’s accounting officer, subject to the Staff Regulations and the Conditions of Employment of Other Servants, who shall be fully independent in the performance of his or her duties;
ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of OLAF;
adopt the financial rules applicable to the Authority;
take all decisions on the establishment of the Authority’s internal structures and, where necessary, on their modification.
Article 65
Annual and multiannual programming
The single programming document shall become final after the final adoption of the general budget and shall, if necessary, be adjusted accordingly.
Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme. The Executive Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.
The resource programming shall be updated annually. The strategic programming shall be updated where appropriate.
Article 66
Voting rules of the Executive Board
Article 67
Fundamental Rights Officer
The Fundamental Rights Officer shall perform the following tasks:
advise the staff of the Authority on any activity carried out by the Authority, where the Officer deems it necessary or where requested by the staff without impeding or delaying those activities;
promote and monitor the Authority’s compliance with fundamental rights;
provide non-binding opinions on the compliance of the Authority’s activities with fundamental rights;
inform the Executive Director and the Executive Board about possible violations of fundamental rights in the course of the Authority’s activities.
SECTION 3
The Chair of the Authority
Article 68
Appointment of the Chair of the Authority
The Commission shall prepare a shortlist of at least two qualified candidates for the position of the Chair of the Authority. The European Parliament and the General Board may conduct hearings of the candidates on that shortlist. The General Board may issue a public opinion on the results of its hearings, or address its opinion to the European Parliament, the Council and the Commission.
The Commission shall submit a proposal for the appointment of the Chair of the Authority to the European Parliament.
Following the European Parliament’s approval of that proposal, the Council shall adopt an implementing decision to appoint the Chair of the Authority. The Council shall act by qualified majority.
By way of derogation from the second subparagraph, for the appointment of the first Chair of the Authority following the entry into force of this Regulation, the Commission shall make a proposal for the appointment of the Chair without the involvement of the General Board.
Article 69
Responsibilities of the Chair of the Authority
SECTION 4
The Executive Director
Article 70
Appointment of the Executive Director
The Executive Director may be removed from office by the Executive Board on the proposal of the Commission.
Article 71
Tasks of the Executive Director
The Executive Director shall be responsible for the day-to-day management of the Authority and shall aim to ensure gender and, to the extent possible, geographical balance within the Authority. In particular, the Executive Director shall be responsible for:
implementing decisions adopted by the Executive Board;
preparing the draft single programming document and submitting it to the Executive Board after consulting the Commission;
implementing the single programming document and reporting to the Executive Board on its implementation;
preparing the draft consolidated annual report on the Authority’s activities and presenting it to the Executive Board for assessment and adoption;
preparing an action plan following up conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF, and regularly reporting on progress to the Commission, the General Board and the Executive Board;
protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, without prejudicing the investigative competence of OLAF, by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative penalties, including financial penalties;
preparing an anti-fraud strategy for the Authority and presenting it to the Executive Board for approval;
preparing draft financial rules applicable to the Authority;
preparing, as part of the draft single programming document, the Authority’s draft statement of estimates of revenue and expenditure pursuant to Article 78 and implementing its budget pursuant to Article 79;
preparing and implementing an IT security strategy, ensuring appropriate risk management for all IT infrastructure, systems and services, which are developed or procured by the Authority as well as sufficient IT security funding;
implementing the annual work programme of the Authority under the control of the Executive Board;
preparing a draft report describing all activities of the Authority, with a section on financial and administrative matters.
SECTION 5
Administrative Board of Review
Article 72
Establishment and composition of the Administrative Board of Review
Article 73
Members of the Administrative Board of Review
Article 74
Decisions subject to review
Article 75
Exclusion and objection
CHAPTER IV
FINANCIAL PROVISIONS
Article 76
Budget
Without prejudice to other resources, the Authority’s revenue shall consist of a combination of the following:
a contribution from the Union entered in the general budget of the Union;
the fees paid by the selected and non-selected obliged entities in accordance with Article 77, for the tasks mentioned in Article 5(2), points (a), (b) and (c), and Article 5(3), points (a) to (d), (f) and (g);
any voluntary financial contribution from the Member States;
agreed charges for publications, and for training and any other services provided by the Authority where they have been specifically requested by one or more FIUs or their counterparts in third countries or by non-AML/CFT authorities;
possible Union funding in the form of contribution agreements or ad hoc grants in accordance with the Authority’s financial rules referred to in Article 81 and with the provisions of the relevant instruments supporting the policies of the Union.
The amount and origin of any revenue referred to in the first subparagraph, points (b), (c), (d) and (e), of this paragraph shall be included in the annual accounts of the Authority and clearly detailed in the annual report on the Authority’s budgetary and financial management referred to in Article 80(2).
Article 77
Fees levied on selected and non-selected obliged entities
The Commission is empowered to adopt a delegated act in accordance with Article 100 to supplement this Regulation by specifying the methodology for calculating the amount of the fee levied on each selected and non-selected obliged entity subject to fees in accordance with paragraph 1 of this Article, and the procedure for collecting those fees. When developing the methodology for determining the individual amount of fees, the Commission shall take into account the following:
the total annual turnover or the corresponding type of income of the obliged entities at the highest level of consolidation in the Union in accordance with applicable accounting standards;
whether the obliged entity has qualified for direct supervision;
the ML/TF risk profile classification of the obliged entities in accordance with the methodology referred to in Article 12(7), point (b);
the importance of the obliged entity to the stability of the financial system or to the economy of one or more Member States or of the Union;
that the amount of the fee to be collected from non-selected obliged entities in proportion to their income or turnover referred to in point (a) shall not exceed 20 % of the amount of the fee to be collected from selected obliged entities with the same level of income or turnover.
The Commission shall adopt the delegated acts referred to in the first subparagraph by 1 January 2027.
Article 78
Establishment of the budget
Article 79
Implementation of the budget
Article 80
Presentation of accounts and discharge
The Executive Director shall send the Court of Auditors a reply to its observations by 30 September of year N+1. The Executive Director shall also send this reply to the Executive Board.
Article 81
Financial rules
The financial rules applicable to the Authority shall be adopted by the Executive Board after consulting the Commission. They shall not depart from Delegated Regulation (EU) 2019/715 unless such a departure is specifically required for the Authority’s operation and the Commission has given its prior consent.
Article 82
Anti-fraud measures
Article 83
IT security
Article 84
Accountability and reporting
CHAPTER V
STAFF AND COOPERATION
SECTION 1
Staff
Article 85
General provision
Article 86
Privileges and immunities
Protocol No 7 on the privileges and immunities of the European Union, annexed to the TEU and to the TFEU, shall apply to the Authority and its staff.
Article 87
Staff of the Authority previously employed by the EBA
Temporary agents employed under Article 2, point (f), and contract agents employed under Article 3a of the Conditions of Employment of Other Servants, employed at the Authority by a contract concluded before 1 January 2026, and who immediately prior to their employment at the Authority have been employed by the EBA in carrying out the AML/CFT-related tasks and activities of the EBA listed in Regulation (EU) No 1093/2010, shall be offered the same type of employment contract at the Authority as at the EBA and under the same conditions, subject to the limit on the number of posts that are to be deducted from EBA and allocated to the Authority. Those agents shall be deemed to have served their entire service at the Authority.
Article 88
Obligation of professional secrecy
Article 89
Security rules on the protection of classified and sensitive non-classified information
Article 90
Reporting of breaches and protection of reporting persons
The Authority shall have in place dedicated reporting channels for receiving and handling information provided by persons reporting actual or potential breaches of:
Regulation (EU) 2024/1624, insofar as the requirements applicable to credit institutions and financial institutions are concerned;
Regulation (EU) 2023/1113;
Directive (EU) 2024/1640, insofar as the requirements applicable to supervisory authorities, self-regulatory bodies in the exercise of supervisory functions and FIUs are concerned.
SECTION 2
Cooperation
Article 91
Cooperation with the European Supervisory Authorities
Article 92
Cooperation with non-AML/CFT authorities
Where it deems it necessary, the Authority may also conclude a memorandum of understanding with any of the other authorities or bodies referred to in paragraph 1 setting out in general terms how they will cooperate and exchange information in the performance of their supervisory tasks under Union law in relation to selected and non-selected obliged entities.
Article 92a
Exchange of information between authorities and with other entities
The first subparagraph of this paragraph shall be without prejudice to the powers of the Authority to obtain the requested information from obliged entities where the other authority is unable to share the information, where urgent action is needed or where obtaining information directly from obliged entities is necessary for the performance of the Authority’s tasks pursuant to Union law.
The requesting authority and the Authority shall be subject to the obligations of professional secrecy and data protection laid down in Articles 88 and 98 and in sectoral legislation which apply to the sharing of information between the obliged entity and the requesting authority and between the obliged entity and the Authority.
By way of derogation from paragraph 4, the Authority shall not be obliged to inform the authority or the obliged entity, as applicable, about the exchange of information where either of the following conditions is met:
the information has been anonymised in such a manner that it no longer relates to any identified or identifiable natural person and that the obliged entity or other legal entities are no longer identifiable; or
the information has been modified, aggregated or treated by any other method of disclosure control to protect confidential information, including trade secrets, and to protect personal data through appropriate technical and organisational measures in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725.
In the event of a conflict between this Article and other provisions of this Regulation or other Union legislation that govern the exchange of information between the Authority and the other authorities, such other provisions shall prevail.
The Authority and the financial supervisors may, at their own discretion, grant access to information obtained when carrying out their duties for re-use by obliged entities, researchers and other entities that have a legitimate interest in that information for research and innovation purposes, provided that the Authority or the financial supervisors granting access have ensured that all of the following conditions have been complied with:
the necessary measures have been taken to anonymise the information, in a manner that prevents individual obliged entities, data subjects, and, where it is the Authority which grants access to the information, Member States from being identified;
the information has been modified, aggregated or treated by any other method of disclosure control to protect confidential information, including trade secrets or content covered by intellectual property rights;
Information received from any authority shall be shared pursuant to the first subparagraph only with the consent of the authority that initially obtained that information.
Taking into account the report referred to in the first subparagraph, the protection of intellectual property rights and the obligations of professional secrecy and data protection, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal to remove such legal obstacles in sectoral legislation, to foster the exchange of information between authorities and with other entities.
For the purposes of this Article, “other authorities” means any of the following authorities:
the European Systemic Risk Board, as established by Regulation (EU) No 1092/2010 of the European Parliament and of the Council ( 20 );
the EBA;
the EIOPA;
the ESMA;
competent authorities, as defined in Article 4, point (2), of Regulation (EU) No 1093/2010;
competent authorities, as defined in Article 4, point (2), of Regulation (EU) No 1094/2010;
competent authorities, as defined in Article 4, point (3), of Regulation (EU) No 1095/2010;
the authorities composing the Single supervisory mechanism, as defined in Article 2, point (9), of Regulation (EU) No 1024/2013;
the Single Resolution Board, as established by Regulation (EU) No 806/2014 of the European Parliament and of the Council ( 21 );
resolution authorities, such as those referred to in Article 3(3) of Directive 2014/59/EU.
Article 93
Partnerships for information sharing in the field of AML/CFT
Article 94
Cooperation with OLAF, Europol, Eurojust and the EPPO
Article 95
Cooperation with third countries and international organisations
CHAPTER VI
GENERAL AND FINAL PROVISIONS
Article 96
Access to documents
The right of access to documents shall not apply to confidential information comprising:
information or data of the Authority, the financial supervisors or the obliged entities, obtained as a result of carrying out the tasks and activities referred to in Article 5(2) and Chapter II, Section 3;
any operational data or information related to such operational data of the Authority and of the FIUs that is in the possession of the Authority as a result of carrying out the tasks and activities referred to in Article 5(5) and Chapter II, Section 6.
Article 97
General language arrangements
Article 98
Data protection
When drafting guidelines and recommendations in accordance with Article 54, having a significant impact on the protection of personal data, the Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679 to avoid duplication, inconsistencies and legal uncertainty in the sphere of data protection. After being authorised by the Commission, the Authority shall also consult the European Data Protection Supervisor established by Regulation (EU) 2018/1725. The Authority may also invite national data protection authorities as observers in the process of drafting such guidelines and recommendations.
Article 99
Liability of the Authority
Article 100
Delegated acts
Article 101
Headquarters Agreement and operating conditions
Article 102
Evaluation and review
By 31 December 2030, and every five years thereafter, the Commission shall draw up a report on the Authority’s performance in relation to its objectives, mandate, tasks and location, in accordance with the Commission’s guidelines. That report shall, in particular, address:
the possible need to amend the mandate of the Authority, and the financial implications of any such amendment;
the impact of all supervisory activities and tasks of the Authority on the interests of the Union as a whole, and specifically the effectiveness of:
supervisory tasks and activities related to direct supervision of selected obliged entities;
indirect supervision of non-selected obliged entities;
indirect oversight of other obliged entities;
the impact of the activities related to support and coordination of FIUs, and in particular the coordination of the joint analyses of cross-border activities and transactions conducted by FIUs;
the impartiality, objectivity and autonomy of the Authority;
the appropriateness of governance arrangements, including the composition of, and voting arrangements in, the Executive Board and its relationship with the General Board;
the cost effectiveness of the Authority, if appropriate, separately in relation to its distinct sources of funding;
the effectiveness of the recourse mechanism against decisions of the Authority and the independence and accountability arrangements applicable to the Authority;
the effectiveness of cooperation and information sharing arrangements between the Authority and non-AML/CFT authorities;
the interaction between the Authority and the other Union supervisory authorities and bodies, including the EBA, Europol, Eurojust, OLAF and the EPPO;
the scope of direct supervision and the criteria and methodology for the assessment and selection of entities for direct supervision;
the effectiveness of the Authority’s supervisory and sanctioning powers;
the effectiveness of, and convergence in, supervisory practices reached by supervisory authorities and the role of the Authority therein.
The report referred to in paragraph 1 shall also examine whether:
the resources of the Authority are adequate to carry out its responsibilities;
it is appropriate to confer on the Authority additional supervisory tasks regarding obliged entities in the non-financial sector, specifying, as appropriate, the types of entities that should be subject to the additional supervisory tasks;
it is appropriate to confer on the Authority additional tasks in the area of support and coordination of the work of FIUs;
it is appropriate to confer on the Authority additional sanctioning powers.
Article 103
Amendments to Regulation (EU) No 1093/2010
Regulation (EU) No 1093/2010 is amended as follows:
Article 1 is amended as follows:
in paragraph 2, the second subparagraph is deleted;
in paragraph 5, point (h) is deleted;
Article 4 is amended as follows:
point (1a) is deleted;
in point (2), point (iii) is deleted;
in Article 8(1), point (l) is deleted;
Articles 9a and 9b are deleted;
in Article 17, paragraph 6 is replaced by the following:
The decision of the Authority shall be in conformity with the formal opinion issued by the Commission pursuant to paragraph 4.’
;
in Article 19, paragraph 4 is replaced by the following:
;
in Article 33(1), the second subparagraph is deleted;
in Article 40(7), the first subparagraph is replaced by the following:
‘The Board of Supervisors may decide to admit observers. In particular, the Board of Supervisors shall admit a representative of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism established by Regulation (EU) 2024/1620 of the European Parliament and of the Council ( *1 ) where matters that fall under its mandate are discussed or decided upon.
in Article 81, paragraph 2b is deleted.
Article 104
Amendments to Regulation (EU) No 1094/2010
Regulation (EU) No 1094/2010 is amended as follows:
in Article 1(2), the second subparagraph is deleted;
in Article 40(5), the first subparagraph is replaced by the following:
‘The Board of Supervisors may decide to admit observers. In particular, the Board of Supervisors shall admit a representative of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism established by Regulation (EU) 2024/1620 of the European Parliament and of the Council ( *2 ) where matters that fall under its mandate are discussed or decided upon.
in Article 54, paragraph 2a is deleted.
Article 105
Amendments to Regulation (EU) No 1095/2010
Regulation (EU) No 1095/2010 is amended as follows:
in Article 1(2), the second subparagraph is deleted;
in Article 40(6), the first subparagraph is replaced by the following:
‘The Board of Supervisors may decide to admit observers. In particular, the Board of Supervisors shall admit a representative of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism established by Regulation (EU) 2024/1620 of the European Parliament and of the Council ( *3 ) where matters that fall under its mandate are discussed or decided upon.
in Article 54, paragraph 2a is deleted.
Article 106
Transitional arrangements
For the purposes of establishing and maintaining the database referred to in Article 11, the Authority shall conclude a bilateral agreement with the EBA on access to, as well as the financing and the joint management of, the AML/CFT database established in accordance with Article 9a of Regulation (EU) No 1093/2010. The arrangement shall be established for a mutually agreed period, which may be extended until no later than 30 June 2027. During that period, the EBA shall at least be able to continue receiving information, analysing it and making it available in accordance with Article 9a(2) of Regulation (EU) No 1093/2010 or in accordance with this Regulation, on behalf of the Authority and based on the financing made available by the Authority for that purpose.
Where the application of the criterion referred to in the first subparagraph of this paragraph yields more than 40 obliged entities or groups, the Authority shall select, from the obliged entities or groups that would be selected in accordance with the first subparagraph of this paragraph and that operate in the smallest number of Member States, those which have the highest ratio of the volume of transactions with third countries to the total volume of transactions measured in the last financial year.
Article 107
Commencement of the Authority’s activities
The Commission shall be responsible for the establishment and initial operation of the Authority until 31 December 2025. For that purpose:
the Commission may designate a Commission official to act as interim Executive Director and exercise the duties assigned to the Executive Director until the Authority has the capacity to implement its own budget and the Executive Director has taken up his or her duties following his or her appointment by the Executive Board in accordance with Article 70;
by way of derogation from Article 62(1), until the Chair of the Authority has been appointed, the interim Executive Director may convene and chair the meetings of the General Board, without the right to vote;
by way of derogation from Article 64(4), point (g), until the adoption of a decision as referred to in Article 70, the interim Executive Director shall exercise the appointing authority powers;
the Commission may offer assistance to the Authority, in particular by seconding Commission officials to carry out the activities of the Authority under the responsibility of the interim Executive Director or the Executive Director;
the interim Executive Director may authorise all payments covered by appropriations entered in the Authority’s budget and may conclude contracts, including staff contracts, following the adoption of the Authority’s establishment plan.
Article 108
Entry into force and application
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2025.
However, Articles 1, 4, 49, 53, 54, 55, 57 to 66, 68 to 71, 100, 101 and 107 shall apply from 26 June 2024, and Article 103 shall apply from 31 December 2025.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
List of the coefficients linked to aggravating and mitigating factors for the application of Article 22
The following coefficients shall be applicable in a cumulative way to the basic amounts referred to in Article 22(4) on the basis of each of the following aggravating and mitigating factors:
Adjustment coefficients linked to aggravating factors:
If the breach has been committed repeatedly, for every time it has been repeated, an additional coefficient of 1,1 shall apply.
If the breach has been committed for more than six months, a coefficient of 1,5 shall apply.
If the infringement has revealed systemic weaknesses in the organisation of the selected obliged entity, in particular in its procedures, management systems or internal controls, a coefficient of 2,2 shall apply.
If the infringement has been committed intentionally, a coefficient of 3 shall apply.
If no remedial action has been taken since the breach has been identified, a coefficient of 1,7 shall apply.
If the selected obliged entity’s senior management has not cooperated with the Authority in carrying out its investigations, a coefficient of 1,5 shall apply.
Adjustment coefficients linked to mitigating factors:
If the selected obliged entity’s senior management can demonstrate that it has taken all the necessary measures to prevent the breach, a coefficient of 0,7 shall apply.
If the selected obliged entity has quickly and effectively brought the complete breach to Authority’s attention, a coefficient of 0,4 shall apply.
If the selected obliged entity has voluntarily taken measures to ensure that similar breaches cannot be committed anymore in the future, a coefficient of 0,6 shall apply.
ANNEX II
List of directly applicable requirements referred to in Article 22(3)
Requirements related to customer due diligence referred to in Article 22(3), points (a) and (b), of this Regulation shall be those in Articles 19, 20, 21, 22, 23, 25, 26, 33, 34, 36, 39, 42, 44, 46 and 47 of Regulation (EU) 2024/1624.
Requirements related to group-wide policies, procedures and controls referred to in Article 22(3), point (a), of this Regulation shall be those in Articles 16 and 17 of Regulation (EU) 2024/1624.
Requirements related to reporting obligations referred to in Article 22(3), points (a) and (b), of this Regulation shall be those in Articles 69, 70 and 71 of Regulation (EU) 2024/1624 and Articles 9, 13 and 18 of Regulation (EU) 2023/1113.
Requirements related to internal policies, procedures and controls referred to in Article 22(3), point (b), of this Regulation shall be those in Articles 9, 10, 11, 18, 48 and 49 of Regulation (EU) 2024/1624 and Article 23 of Regulation (EU) 2023/1113.
Other requirements referred to in Article 22(3), points (c) and (d), of this Regulation shall be those in Articles 73, 77, 78 and 79 of Regulation (EU) 2024/1624 and Articles 7, 8, 10, 11, 12, 14, 16, 17, 19, 21, 24 and 26 of Regulation (EU) 2023/1113.
( ) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
( ) Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).
( ) Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).
( ) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).
( ) Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34).
( ) Regulation (EU) No 537/2014 of the European Parliament and of the Council of 16 April 2014 on specific requirements regarding statutory audit of public-interest entities and repealing Commission Decision 2005/909/EC (OJ L 158, 27.5.2014, p. 77).
( ) Directive 2014/56/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts (OJ L 158, 27.5.2014, p. 196).
( ) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).
( ) Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
( ) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
( ) 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 (OJ L 182, 29.6.2013, p. 19).
( ) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
( ) Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138).
( ) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
( ) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
( ) OJ L 136, 31.5.1999, p. 15.
( ) Council Regulation (EU) 2016/300 of 29 February 2016 determining the emoluments of EU high-level public office holders (OJ L 58, 4.3.2016, p. 1).
( ) Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).
( ) Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).
( 1 ) Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (OJ L 331, 15.12.2010, p. 1, ELI: http://data.europa.eu/eli/reg/2010/1092/oj).
( 2 ) Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ L 225, 30.7.2014, p. 1, ELI: http://data.europa.eu/eli/reg/2014/806/oj).
( 2 ) Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (OJ L 314, 7.12.1994, p. 1).
( *1 ) Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (OJ L, 2024/1620, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1620/oj).’;
( *2 ) Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (OJ L, 2024/1620, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1620/oj).’;
( *3 ) Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (OJ L, 2024/1620, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1620/oj)’;