Anti-Money Laundering Authority Regulation

32024R1620 → 02024R1620-20251110

Article 5 Tasks 1. The Authority shall perform the following tasks with respect to ML/TF risks facing the internal market: (a) monitor developments across the internal market and assess threats, vulnerabilities and risks in relation to ML/TF; (b) 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; (c) 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; (d) 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; (e) 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; (f) 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; (g) 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; (h) issue publications and provide training, as well as other services on demand, in order to raise awareness of, and address, ML/TF risks; (i) 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; (j) undertake any other specific task set out in this Regulation or in the other legislative acts referred to in Article 1(2). 1(2); (k) 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: (i) remove redundant or obsolete reporting requirements and minimise costs while preserving data usability and quality; (ii) ensure proportionate and consistent reporting requirements; and (iii) address regulatory gaps related to reporting requirements. 2. The Authority shall perform the following tasks with respect to selected obliged entities: (a) 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 … 935 unchanged words … is composed of directives, the national legislation transposing those directives. Where the applicable law is composed of regulations, and where currently those regulations expressly grant options for Member States, the Authority shall apply also the national legislation exercising those options.

32024R1620 → 02024R1620-20251110

Article 55 Opinions and technical advice 1. The Authority may, upon a request from the European Parliament, from the Council or from the Commission, or on its own initiative, provide opinions to the European Parliament, the Council and the Commission on all issues related to its area of competence. 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. 2. The request referred to in paragraph 1 may include a consultation with other relevant Union bodies where their competence is concerned, a public consultation or a technical analysis. 3. The Authority may, upon a request from the European Parliament, from the Council or from the Commission, provide technical advice to the European Parliament, the Council and the Commission in the areas covered by the legislative acts referred to in Article 1(2).

32024R1620 → 02024R1620-20251110

Article 88 Obligation of professional secrecy 1. Members of the General Board and the Executive Board, and all members of staff of the Authority, including officials seconded by Member States on a temporary basis, as well as all other persons carrying out tasks for the Authority on a contractual basis, shall be subject to the requirements of professional secrecy pursuant to Article 339 TFEU and Article 67 of Directive (EU) 2024/1640, including after their duties have ceased. 2. The Executive Board shall ensure that individuals who provide any service, directly or indirectly, permanently or occasionally, relating to the tasks of the Authority, including officials and other persons authorised by the Executive Board or appointed by the public authorities and FIUs for that purpose, are subject to requirements of professional secrecy equivalent to those provided for in paragraph 1. 3. For the purpose of carrying out the tasks conferred on it by this Regulation, the Authority shall be authorised, within the limits and under the conditions set out in the acts referred to in Article 1(2), to exchange information with Union or national authorities and bodies in the cases where those acts allow financial supervisors to disclose information to those entities or where Member States can provide for such disclosure under the applicable Union law. 3a. This Article shall not prevent the Authority from exchanging information with other authorities as defined in Article 92a(12). 4. The Authority shall establish practical arrangements for implementing the confidentiality rules referred to in paragraphs 1 and 2. 5. The Authority shall apply Commission Decision (EU, Euratom) 2015/444 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)..

inserted text (02024R1620-20251110)

Article 92a
Exchange of information between authorities and with other entities
1. The Authority shall share, on a regular or case-by-case basis, information that it obtained from obliged entities or the other authorities when carrying out its duties, and that stems from the application and implementation of Union law, with the other authorities upon request, provided that the requesting authority is entitled to obtain that information from obliged entities or the other authorities pursuant to Union law.
2. The Authority shall request information from any of the other authorities that have obtained that information, instead of requesting it directly from obliged entities, provided that the Authority is entitled to obtain that information pursuant to Union law.
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.
3. A request to exchange information pursuant to paragraph 1 of this Article shall indicate the legal basis under Union law that entitles the requesting authority to obtain the information from obliged entities or the other authorities.
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.
4. Where the Authority exchanges information pursuant to paragraph 1, it shall, without undue delay, inform each authority from which it obtained the information or each obliged entity if the information was obtained from obliged entities directly, about the exchange. In the case of recurring or periodic exchanges of information, the Authority shall be obliged to inform the obliged entity or the authority from which it obtained the information only once.
5. 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:
(a) 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
(b) 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.
6. By way of derogation from paragraph 4, the Authority shall not inform the obliged entity about the exchange of information if it determines, or is informed by the requesting authority, that doing so could compromise supervisory or resolution proceedings, actions or investigations.
7. Paragraphs 1 to 6 shall also apply to information that the Authority has received from an obliged entity or the other authorities and upon which the Authority has subsequently performed quality checks or which the Authority has otherwise processed.
8. To facilitate exchanges of information as referred to in paragraphs 1 to 7, the Authority and the other authorities may enter into memoranda of understanding regarding the arrangements for such exchanges. The memoranda of understanding may also specify arrangements for the sharing of resources for the collection and processing of shared information. The Commission may after consulting the Authority and the other authorities, develop guidance on the main elements of such memoranda of understanding.
9. Paragraphs 1 to 8 shall be without prejudice to the protection of intellectual property rights and shall not prevent or restrict the exchange of information between the Authority and the other authorities in accordance with other provisions of this Regulation or with other Union legislation.
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.
10. 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:
(a) 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;
(b) 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.
11. By 11 November 2027, the Authority shall, in close cooperation with the financial supervisors, report to the Commission on all legal obstacles in sectoral legislation that prevent them, in any way, from exchanging information with the other authorities or with other entities. The report may also address non-material, obsolete, duplicative or otherwise irrelevant reporting requirements. It may also include suggestions for improving consistency between reporting requirements for financial and non-financial entities. The report shall be updated on a regular basis, where necessary.
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.
12. For the purposes of this Article, other authorities means any of the following authorities:
(a) the European Systemic Risk Board, as established by Regulation (EU) No 1092/2010 of the European Parliament and of the Council
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).;
(b) the EBA;
(c) the EIOPA;
(d) the ESMA;
(e) competent authorities, as defined in Article 4, point (2), of Regulation (EU) No 1093/2010;
(f) competent authorities, as defined in Article 4, point (2), of Regulation (EU) No 1094/2010;
(g) competent authorities, as defined in Article 4, point (3), of Regulation (EU) No 1095/2010;
(h) the authorities composing the Single supervisory mechanism, as defined in Article 2, point (9), of Regulation (EU) No 1024/2013;
(i) the Single Resolution Board, as established by Regulation (EU) No 806/2014 of the European Parliament and of the Council
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).;
(j) resolution authorities, such as those referred to in Article 3(3) of Directive 2014/59/EU.