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 Authority for Anti-Money Laundering and Countering the Financing of Terrorism (‘the Authority’) is hereby established.
The Authority shall act within the powers conferred on it by this Regulation, in particular those set out in Article 6, and within the scope of Regulation (EU) 2023/1113, Directive (EU) 2024/1640 and Regulation (EU) 2024/1624, as well as all directives, regulations and decisions based on those acts, of any further legally binding Union act which confers tasks on the Authority, and of national legislation transposing Directive (EU) 2024/1640, and other directives conferring tasks on supervisory authorities.
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:
- (a) preventing the use of the Union’s financial system for the purposes of money laundering and terrorist financing (‘ML/TF’);
- (b) 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;
- (c) ensuring high-quality supervision in the area of anti-money laundering and countering the financing of terrorism (‘AML/CFT’) across the internal market;
- (d) contributing to supervisory convergence in the area of AML/CFT across the internal market;
- (e) contributing to the harmonisation of practices in the detection of suspicious transactions or activities by Financial Intelligence Units (‘FIUs’);
- (f) 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:
- (1) ‘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;
- (2) ‘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;
- (3) ‘AML/CFT supervisory system’ means the Authority and the supervisory authorities in Member States;
- (4) ‘non-AML/CFT authority’ means:
- (a) 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 ([^E0001]);
- (b) the European Central Bank (ECB), when it carries out the tasks conferred on it by Regulation (EU) No 1024/2013;
- (c) a resolution authority designated in accordance with Article 3 of Directive 2014/59/EU;
- (d) a designated authority as defined in Article 2(1), point (18), of Directive 2014/49/EU;
- (e) a competent authority as defined in Article 3(1), point (35), of Regulation (EU) 2023/1114.
Article 3
Legal status
The Authority shall be a Union body with legal personality.
In each Member State, the Authority shall enjoy the most extensive legal capacity accorded to legal persons under national law. It may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings.
The Authority shall be represented by its Chair.
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:
- (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);
- (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.
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 the implementation of targeted financial sanctions;
- (b) 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;
- (c) 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;
- (d) 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:
- (a) maintain an up-to-date list of financial supervisors within the Union;
- (b) 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;
- (c) 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;
- (d) facilitate the functioning of the AML/CFT supervisory colleges in the financial sector;
- (e) 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;
- (f) coordinate staff and information exchanges among financial supervisors in the Union in the area of AML/CFT;
- (g) provide assistance, in the area of AML/CFT, to financial supervisors, following their specific requests, including requests to mediate between financial supervisors;
- (h) 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:
- (a) maintain an up-to-date list of non-financial supervisors within the Union;
- (b) coordinate peer reviews of supervisory standards and practices in the area of AML/CFT;
- (c) 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;
- (d) 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;
- (e) contribute to the convergence of supervisory practices and the promotion of high supervisory standards in the area of AML/CFT;
- (f) facilitate the functioning of AML/CFT supervisory colleges in the non-financial sector;
- (g) 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:
- (a) maintain an up-to-date list of FIUs within the Union;
- (b) monitor changes in the legal framework of FIUs, as well as in their organisation, focusing on resources for the performance of their tasks;
- (c) support the work of FIUs and contribute to improved cooperation and coordination between FIUs;
- (d) contribute to the identification and the selection of relevant cases for the conduct of joint analyses by FIUs;
- (e) develop appropriate methods and procedures for the conduct of joint analyses by FIUs of cross-border cases;
- (f) set up, coordinate, organise and facilitate the conduct of joint analyses carried out by FIUs;
- (g) provide assistance to FIUs, upon their specific requests, such as requests for mediation in the case of a disagreement between FIUs;
- (h) conduct peer reviews of the activities of FIUs aimed at strengthening their consistency and effectiveness and identifying best practices;
- (i) 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;
- (j) develop, share and promote expert knowledge on detection, analysis, and dissemination methods of suspicious transactions;
- (k) 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;
- (l) 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;
- (m) prepare and coordinate assessments and strategic analyses of ML/TF threats, risks and methods identified by FIUs.
For the purpose of carrying out the tasks conferred on it by this Regulation, the Authority shall apply all relevant Union law, and where that Union law 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.
Article 6
Powers of the Authority
With respect to the selected obliged entities, the Authority shall have the supervisory and investigative powers as specified in Articles 17 to 21 and the power to impose pecuniary sanctions and periodic penalty payments as specified in Articles 22 and 23.
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:
- (a) 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;
- (b) to issue guidelines and recommendations;
- (c) 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;
- (d) to carry out mediation upon the request of a financial supervisor or of a non-financial supervisor;
- (e) 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:
- (a) 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;
- (b) to collect information and statistics in relation to the tasks and activities of FIUs;
- (c) to obtain and process information and data required for initiating, conducting and coordinating joint analyses as specified in Article 40;
- (d) 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:
- (a) to develop draft regulatory technical standards in accordance with Article 49;
- (b) to develop draft implementing technical standards in accordance with Article 53;
- (c) to issue guidelines and recommendations, as provided for in Article 54;
- (d) 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
The Authority shall be responsible for the effective and consistent functioning of the AML/CFT supervisory system.
The Authority and the supervisory authorities shall be subject to a duty of cooperation in good faith, and to an obligation to exchange information for AML/CFT purposes in accordance with this Regulation, Regulation (EU) 2023/1113, Regulation (EU) 2024/1624 and Directive (EU) 2024/1640.
At the request of the Authority, supervisory authorities shall provide the Authority with all information concerning obliged entities that remain directly supervised at national level which is necessary for the fulfilment of Authority’s tasks pursuant to Article 5(1), (3) and (4), where the supervisory authorities have legal access to such information.
Supervisory authorities shall assist the Authority in identifying and taking into account the specificities of their respective national legal frameworks, in particular where the Authority is applying national legislation transposing Union law as referred to in Article 1(2).
Article 8
AML/CFT supervisory methodology
In cooperation with the supervisory authorities, the Authority shall develop and maintain an up-to-date and harmonised AML/CFT supervisory methodology detailing the risk-based approach to supervision of obliged entities in the Union. That methodology shall comprise guidelines, recommendations, opinions and other measures and instruments as appropriate, including in particular regulatory and implementing technical standards, on the basis of the empowerments laid down in the acts referred to in Article 1(2).
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:
- (a) 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;
- (b) approaches to supervisory review of ML/TF risk self-assessments of obliged entities;
- (c) 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;
- (d) 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 Authority shall develop structured questionnaires and other online or offline tools to be used by the Authority and supervisors for the purposes of requesting, collecting, compiling and analysing data and information from obliged entities, including the data to be relied upon in application of the elements of the supervisory methodology listed in paragraph 2.
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.
The supervisory methodology shall reflect high supervisory standards at Union level and shall build on relevant international standards and guidance. The Authority shall periodically review and update its supervisory methodology, taking into account the evolution of risks affecting the internal market, including risks and threats identified by national law enforcement authorities and FIUs. The supervisory methodology shall, to the extent possible, take into account best practices and guidance developed by international standard setters.
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:
- (a) the scope of each planned thematic review in terms of category and number of obliged entities included and the subject matter of the review;
- (b) the timeframe of each planned thematic review;
- (c) 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.
By the end of each year, the Chair of the Authority shall present to the General Board in supervisory composition as referred to in Article 57(2) a consolidated planning of the thematic reviews that supervisory authorities intend to carry out during the following year.
Where the scope and Union-wide relevance of thematic reviews justify coordination at Union level, they shall be carried out jointly by the relevant supervisory authorities and shall be coordinated by the Authority. The Executive Board may propose joint thematic reviews based on the available analyses of threats, vulnerabilities and risks in the internal market. The General Board in supervisory composition shall draw up a list of joint thematic reviews. The General Board in supervisory composition shall draw up a report relating to the conduct, subject matter and outcome of each joint thematic review. The Authority shall publish that report on its website.
The Authority shall coordinate the activities of the supervisory authorities and facilitate the planning and execution of the joint thematic reviews referred to in paragraph 3. Any direct interaction with obliged entities other than the selected obliged entities in the context of any thematic review shall remain under the exclusive responsibility of the supervisory authority responsible for supervision of those obliged entities and shall not be construed as a transfer of tasks and powers related to those entities within the AML/CFT supervisory system.
Where planned thematic reviews at national level are not subject to a coordinated approach at the level of the Union, the Authority shall, jointly with the supervisory authorities, explore the need for and the possibility of aligning or synchronising the timeframe of those thematic reviews, and shall facilitate information exchange and mutual assistance between supervisory authorities carrying out those thematic reviews. The Authority shall also facilitate any activities that the relevant supervisory authorities may wish to carry out jointly or in a similar manner in the context of their respective thematic reviews.
The Authority shall ensure that the outcomes and conclusions of the thematic reviews conducted at national level by several supervisory authorities are shared with all supervisory authorities, with the exception of confidential information pertaining to individual obliged entities. Such sharing of information shall include any common conclusions resulting from exchanges of information or from joint or coordinated activities involving several supervisory authorities.
Article 10
Mutual assistance in the AML/CFT supervisory system
The Authority may, as appropriate, develop:
- (a) new practical instruments and convergence tools to promote common supervisory approaches and best practices;
- (b) practical tools and methods for mutual assistance following:
- (i) specific requests from supervisory authorities;
- (ii) 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:
- (a) sectoral and cross-sectoral training programmes, including with respect to technological innovation;
- (b) exchanges of staff and the use of secondment schemes, twinning and short-term visits;
- (c) exchanges of supervisory best practices between supervisory authorities where one authority has developed expertise in a specific area of AML/CFT supervisory practices.
Each supervisory authority may submit a request for mutual assistance related to its supervisory tasks to the Authority, specifying the type of assistance it seeks from the staff of the Authority, the staff of one or more supervisory authorities, or a combination thereof. If the request concerns activities that relate to the supervision of specific obliged entities, the requesting supervisory authority shall transmit to the Authority the information and data necessary for the provision of assistance. The Authority shall keep and regularly update the information on specific areas of expertise and on the capacities of supervisory authorities to provide mutual assistance related to their supervisory tasks.
Where the Authority is requested to provide assistance for the performance of specific supervisory tasks at national level in relation to obliged entities other than selected obliged entities, the requesting supervisory authority shall detail, in its request, the tasks for which support is sought. The assistance shall not be construed as the transfer, from the requesting supervisory authority to the Authority, of supervisory tasks, powers, or accountability for the supervision of obliged entities other than selected obliged entities.
Where the Authority is of the opinion that the request is appropriate and feasible, it shall make every effort to provide the requested assistance, including by mobilising its own human resources as well as by ensuring that supervisory authorities mobilise resources on a voluntary basis.
By the end of each year, the Chair of the Authority shall inform the General Board in supervisory composition of the human resources that the Authority will allocate to providing the assistance requested under paragraph 3 of this Article during the following year. Where the availability of human resources changes due to the performance of any of the tasks referred to in Article 5(2), (3) and (4), the Chair of the Authority shall inform the General Board in supervisory composition thereof.
Any interaction between the staff of the Authority and the obliged entity shall remain under the exclusive responsibility of the supervisory authority responsible for the supervision of that entity. Such interaction shall not be construed as a transfer of tasks or powers related to individual obliged entities within the AML/CFT supervisory system.
Article 11
Central AML/CFT database
The Authority shall establish and keep up to date a central database of information pursuant to this Article.
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 ([^E0002]), Directive 2009/110/EC of the European Parliament and of the Council ([^E0003]), Directive 2009/138/EC of the European Parliament and of the Council ([^E0004]), Directive 2014/17/EU of the European Parliament and of the Council ([^E0005]), Regulation (EU) No 537/2014 of the European Parliament and of the Council ([^E0006]), Directive 2014/56/EU of the European Parliament and of the Council ([^E0007]), Directive 2014/65/EU of the European Parliament and of the Council ([^E0008]) or Directive (EU) 2015/2366 of the European Parliament and of the Council ([^E0009]), 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) 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;
- (b) 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;
- (c) 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:
- (i) the grounds for applying the administrative measure or imposing the pecuniary sanction, such as the nature of the breach;
- (ii) related information on the supervisory activities and outcomes which led to the administrative measure being applied or the pecuniary sanction being imposed;
- (d) 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;
- (e) 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);
- (f) the outcomes and reports of thematic reviews and other horizontal supervisory actions with regard to high-risk areas or activities;
- (g) information regarding the supervisory activities they performed over the past calendar year, gathered pursuant to Article 40(5) of Directive (EU) 2024/1640;
- (h) 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 Authority may request supervisory authorities to provide other information in addition to that referred to in paragraph 2. The supervisory authorities shall update any provided information as soon as the update is necessary or at the Authority’s request.
The Authority shall enter into the database any data or information relevant for the purposes of AML/CFT supervisory activities which is provided by non-AML/CFT authorities, other national authorities and bodies competent for ensuring compliance with the requirements of Directive 2008/48/EC, Directive 2009/110/EC, Directive 2009/138/EC, Directive 2014/17/EU, Regulation (EU) No 537/2014, Directive 2014/56/EU, Directive 2014/65/EU or Directive (EU) 2015/2366, or by the ESAs.
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 ([^E0010]), 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 authorities and bodies referred to in paragraph 1, second subparagraph, may address to the Authority a reasoned request for information collected pursuant to this Article, if that information is necessary for their supervisory activities. The Authority shall assess those requests and provide the information requested on a need-to-know and confidential basis and in a timely manner. The Authority shall inform the authority or body that has initially provided the requested information of the identity of the requesting authority or body, the identity of any obliged entity concerned, the reason for the information request as well as whether the information has been provided to the requesting authority or body. Where the Authority decides not to provide the requested information, it shall provide a reasoned justification for that decision.
The Authority shall develop draft regulatory technical standards specifying:
- (a) the procedure, formats and timelines for the transmission of information pursuant to paragraphs 2 and 3;
- (b) 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;
- (c) the scope and level of detail of the information to be transmitted in relation to obliged entities in the non-financial sector;
- (d) 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;
- (e) 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);
- (f) the conditions under which the Authority may request additional information pursuant to paragraph 3;
- (g) 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.
Personal data collected in accordance with this Article may be kept in an identifiable form for a period of up to 10 years after the date of collection of the data by the Authority, at the end of which those data shall be deleted. Based on a regular assessment of their necessity, personal data may be deleted before the expiry of that period on a case-by-case basis.
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
For the purposes of carrying out the tasks listed in Article 5(2), the Authority, in collaboration with financial supervisors, shall carry out a periodic assessment of credit institutions and financial institutions, and groups of credit institutions and financial institutions, where they operate, whether through establishments or under the freedom to provide services, in at least six Member States, including the home Member State, regardless of whether the activities are carried out through infrastructure on the territory concerned or remotely.
The supervisory authorities, and the obliged entities subject to periodic assessment, shall supply the Authority with any information necessary to carry out the periodic assessment referred to in paragraph 1.
The inherent and residual risk profiles of an obliged entity assessed pursuant to paragraph 1 shall be classified by the Authority as low, medium, substantial or high, based on the benchmarks and following the methodology set out in the regulatory technical standards referred to in paragraph 7. Where the assessed obliged entity is part of a group of credit institutions or financial institutions, the risk profile shall be classified at group-wide level.
The methodology for classifying inherent and residual risk profiles shall be established separately for at least the following categories of obliged entities:
- (a) credit institutions;
- (b) bureaux de change;
- (c) collective investment undertakings;
- (d) credit providers other than credit institutions;
- (e) e-money institutions;
- (f) investment firms;
- (g) payment institutions;
- (h) life insurance undertakings;
- (i) life insurance intermediaries;
- (j) crypto-asset service providers;
- (k) 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:
- (a) 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;
- (b) with respect to products and services offered:
- (i) 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;
- (ii) 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;
- (iii) 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;
- (c) with respect to geographical areas:
- (i) 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;
- (ii) 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.
For each category of obliged entity referred to in paragraph 4, the assessment of residual risk in the assessment methodology shall include benchmarks for the assessment of the quality of internal policies, controls and procedures put in place by obliged entities to mitigate their inherent risk.
The Authority shall develop draft regulatory technical standards specifying:
- (a) 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;
- (b) 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.
The Authority shall review the benchmarks and methodology at least every three years. Where amendments are required, the Authority shall submit amended draft regulatory technical standards to the Commission.
Article 13
The listing of selected obliged entities
Credit institutions and financial institutions, and groups of credit institutions and financial institutions, whose residual risk profile has been classified as high pursuant to Article 12 shall qualify as selected obliged entities.
However, where more than 40 entities are identified pursuant to paragraph 1, the Authority may, in consultation with the supervisory authorities, agree on limiting the selection to a specific different number of entities or groups that is greater than 40.
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.
Where in a Member State no credit institution, financial institution or group of credit institutions or financial institutions which is established, authorised or registered, or has a subsidiary there and whose risk profile is classified as high, qualifies as a selected obliged entity pursuant to paragraphs 1 and 2 of this Article, the Authority shall carry out an additional selection process in that Member State, on the basis of the methodology referred to in Article 12(7), point (b).
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.
The Authority shall commence the first selection process by 1 July 2027 and shall conclude the selection within six months of the date of commencement. Subsequently, the selection process shall be carried out every three years after the date of commencement of the first selection, and shall be concluded within six months for each selection process. The list of the selected obliged entities shall be published by the Authority without undue delay upon completion of the selection process. The Authority shall commence direct supervision of the selected obliged entities six months after publication of the list.
Prior to the publication of the list of the selected obliged entities, the Authority shall inform the relevant non-AML/CFT authorities of the outcomes of the process of assessment and classification of inherent and residual risk of the obliged entities subject to assessment.
A selected obliged entity shall remain subject to direct supervision by the Authority until the Authority commences the direct supervision of selected obliged entities based on a list established for the subsequent selection period which no longer includes that obliged entity.
Article 14
Additional transfer of direct supervision tasks and powers in exceptional circumstances upon the request of a financial supervisor
A financial supervisor may submit a reasoned request to the Authority for the Authority to assume direct supervision and carry out the tasks listed in Article 5(2) with respect to a particular non-selected obliged entity.
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:
- (a) identify the non-selected obliged entity in respect of which the financial supervisor is of the view that the Authority should assume direct supervision;
- (b) state the reasons for which AML/CFT direct supervision of the non-selected obliged entity is necessary;
- (c) identify and duly justify the proposed transfer date and the period for which the transfer of the tasks and powers is requested; and
- (d) provide all necessary supporting information, data and evidence that could be useful for the assessment of the request.
The financial supervisor’s request shall be accompanied by a report indicating the supervisory history and risk profile of the non-selected obliged entity concerned. The non-selected obliged entity shall be informed of the request and the timeline proposed therein.
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:
- (a) 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;
- (b) 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;
- (c) 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.
Where the Executive Board of the Authority finds that the conditions set out in paragraphs 1, 2 and 4 have been fulfilled, it shall adopt a decision addressed to the requesting financial supervisor and to the non-selected obliged entity concerned notifying them of the acceptance of the request. The decision shall specify the date on which the Authority is to assume direct supervision and the duration of such supervision. As of the date on which the Authority is to assume direct supervision, the non-selected obliged entity concerned shall be deemed a selected obliged entity for the purposes of this Regulation.
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.
Where the Executive Board of the Authority refuses the financial supervisor’s request, it shall provide the reasons thereof in writing, clearly indicating which conditions laid down in paragraphs 1, 2 and 4 have not been met. The Authority shall consult the financial supervisor prior to taking a decision and shall ensure that the non-selected obliged entity is informed of the outcome of the process.
Article 15
Cooperation within the AML/CFT supervisory system for the purposes of direct supervision
Without prejudice to the Authority’s power pursuant to Article 21(3), point (a), to receive directly, or have direct access to, information reported on an ongoing basis by selected obliged entities, financial supervisors shall provide the Authority with all information necessary for carrying out the tasks conferred on the Authority in accordance with this Regulation and other applicable Union law.
Where appropriate, financial supervisors shall assist the Authority with the preparation and implementation of any acts relating to the tasks referred to in Article 5(2), point (b), as regards all selected obliged entities, including assistance in verification activities. They shall follow the instructions given by the Authority when performing those tasks.
The Authority shall develop implementing technical standards specifying:
- (a) the conditions under which financial supervisors are to assist the Authority pursuant to paragraph 2;
- (b) 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;
- (c) 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;
- (d) the procedures for the preparation and adoption of decisions on the selection of obliged entities;
- (e) 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
A joint supervisory team shall be established for the supervision of each selected obliged entity. Each joint supervisory team shall be composed of staff from the Authority and from the financial supervisors responsible for supervision of the selected obliged entity at national level. The members of the joint supervisory team shall be appointed in accordance with paragraph 4 and shall work under the coordination of a designated staff member from the Authority (‘JST coordinator’).
The JST coordinator shall ensure the coordination of the work within the joint supervisory team. Joint supervisory team members shall follow the JST coordinator’s instructions as regards their tasks in the joint supervisory team. This shall be without prejudice to their tasks and duties within their respective financial supervisors.
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:
- (a) performing the supervisory reviews and assessments of the selected obliged entities;
- (b) coordinating on-site inspections of selected obliged entities and preparing supervisory measures where necessary;
- (c) 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);
- (d) liaising with financial supervisors where that is necessary to exercise supervisory tasks in any Member State where a selected obliged entity is established.
The Authority shall be responsible for the establishment and the composition of joint supervisory teams. The Authority and the financial supervisors concerned shall appoint one or more persons from their staff as a member or members of a joint supervisory team. A member may be appointed as a member of more than one joint supervisory team.
The Authority and financial supervisors shall consult each other and agree on the use of staff with regard to the joint supervisory teams.
The Authority shall develop internal operational rules and procedures regarding the composition of joint supervisory teams, notably with regard to staff from each financial supervisor, the status of staff from financial supervisors and the allocation of human resources by the Authority to the joint supervisory teams, which shall ensure that those teams are composed of staff with a sufficient level of knowledge, expertise and experience, and with sufficiently diverse knowledge, backgrounds, expertise and experience.
Article 17
Requests for information
The Authority may require selected obliged entities and natural persons employed by them or legal persons belonging to them, and third parties to whom the selected obliged entities have outsourced operational functions or activities and natural or legal persons affiliated to them, to provide it with all information it needs in order to carry out the tasks conferred on it by this Regulation and other applicable Union law.
The persons referred to in paragraph 1 or their representatives and, in the case of legal persons or associations having no legal personality, the persons authorised to represent them by law or by their constitution, shall supply the requested information without undue delay, ensuring that it is clear, accurate and complete. Lawyers duly authorised to act may supply the information on behalf of their clients. Those clients shall remain fully responsible where the information supplied is incomplete, incorrect or misleading.
Where the Authority obtains the information requested pursuant to paragraph 1, it shall make that information available to the financial supervisor concerned.
Article 18
General investigations
In order to carry out the tasks conferred on it by this Regulation, the Authority may conduct all necessary investigations of any selected obliged entity or any natural person employed by it or any legal person belonging to it, established or located in a Member State.
To that end, the Authority may:
- (a) require the submission of documents;
- (b) examine the books and records of the persons concerned and take copies or extracts from the books and records;
- (c) obtain access to internal audit reports, certification of accounts, and any software, databases, IT tools or other electronic means of recording information;
- (d) obtain access to documents and information relating to decision-making processes, including those developed by algorithms or other digital processes;
- (e) obtain written or oral explanations from any person referred to in Article 17 or their representatives or staff;
- (f) interview any other person who consents to being interviewed for the purpose of collecting information relating to the subject matter of an investigation.
The persons referred to in Article 17 shall be subject to investigations launched on the basis of a decision of the Authority. When a person obstructs the conduct of the investigation, the financial supervisor of the Member State where the relevant premises are located shall provide, in compliance with national law, the necessary assistance, including facilitating the access by the Authority to the business premises of the natural and legal persons referred to in Article 17, so that the powers listed in paragraph 1 of this Article can be exercised.
Article 19
On-site inspections
In order to carry out the tasks conferred on it by this Regulation, the Authority may, subject to prior notification of the financial supervisor concerned, conduct all necessary on-site inspections at the business premises of the natural and legal persons referred to in Article 17. With respect to natural persons whose business premises are the same as their private residence, the Authority shall seek and obtain judicial authorisation for an on-site inspection. Where the proper conduct and efficiency of the inspection so require, the Authority may carry out the on-site inspection without prior announcement to those natural and legal persons.
The Authority may decide to entrust the performance of on-site inspections to a joint supervisory team in accordance with Article 16 or to a dedicated team, which could include joint supervisory team members where applicable. The Authority shall be responsible for the establishment and composition of the on-site inspection teams, which shall be done in cooperation with the financial supervisors.
The staff of the Authority and other persons authorised by the Authority to conduct an on-site inspection may enter any business premises and land of the natural or legal persons subject to a decision on investigation adopted by the Authority and, as regards natural persons whose business premises are the same as their private residence, upon obtaining a judicial authorisation for an on-site inspection pursuant to paragraph 1 of this Article. The staff of the Authority and other persons authorised by the Authority shall have the powers provided for in Article 21.
The natural and legal persons referred to in Article 17 shall be subject to on-site inspections on the basis of a decision of the Authority.
Staff and other accompanying persons authorised or appointed by the financial supervisor of the Member State where the inspection is to be conducted shall, under the supervision and coordination of the Authority, actively assist the staff of and other persons authorised by the Authority. To that end, they shall enjoy the powers set out in paragraph 3. Staff of financial supervisors of the Member State concerned shall also have the right to participate in the on-site inspections.
Where a person opposes the conduct of an on-site inspection ordered pursuant to this Article, the financial supervisor of the Member State concerned shall provide the necessary assistance in accordance with national law. To the extent necessary for the inspection, such assistance shall include the sealing of any business premises and books or records. Where that power is not available to the financial supervisor concerned, it shall use its powers to request the necessary assistance of other national authorities.
Article 20
Authorisation by a judicial authority
If an on-site inspection provided for in Article 19 requires authorisation by a judicial authority in accordance with national law, the Authority shall apply for such an authorisation.
Where an authorisation as referred to in paragraph 1 is applied for, the national judicial authority shall verify that the decision of the Authority is authentic and that the coercive measures envisaged are neither arbitrary nor excessive having regard to the subject matter of the inspection. In its control of the proportionality of the coercive measures, the national judicial authority may ask the Authority for detailed explanations, in particular relating to the grounds the Authority has for suspecting that an infringement of the acts referred to in Article 1(2) has taken place, the seriousness of the suspected infringement and the nature of the involvement of the person subject to the coercive measures. However, the national judicial authority shall not review the necessity for the inspection or demand to be provided with the information on the Authority’s file. The lawfulness of the Authority’s decision shall be subject to review only by the Court of Justice of the European Union.
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:
- (a) the selected obliged entity is found to be in breach of the Union acts and national legislation referred to in Article 1(2);
- (b) 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;
- (c) 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:
- (a) issue recommendations;
- (b) order obliged entities to comply, including to implement specific corrective measures;
- (c) issue a public statement which identifies the natural or legal person and the nature of the breach;
- (d) issue an order requiring the natural or legal person to cease the conduct and to desist from repetition of that conduct;
- (e) restrict or limit the business, operations or network of institutions comprising the selected obliged entity, or require the divestment of activities;
- (f) require changes in the governance structure;
- (g) 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:
- (a) 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;
- (b) require the reinforcement of the internal policies, procedures and controls;
- (c) 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;
- (d) require the implementation of measures to decrease the ML/TF risks in the activities and products of selected obliged entities;
- (e) 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.
The administrative measures referred to in paragraph 2 shall be accompanied, where relevant, by binding deadlines for their implementation. The Authority shall follow up and assess the implementation by the selected obliged entity of the actions requested.
Financial supervisors shall notify the Authority without undue delay where they become aware of one or more indications that a selected obliged entity has breached Regulation (EU) 2023/1113 or Regulation (EU) 2024/1624.
The administrative measures applied shall be effective, proportionate and dissuasive.
Article 22
Pecuniary sanctions
For the purpose of carrying out the tasks conferred on it by this Regulation, the Authority may impose pecuniary sanctions where a selected obliged entity breaches, whether intentionally or negligently, a requirement of Regulation (EU) 2023/1113 or Regulation (EU) 2024/1624, or does not comply with a binding decision referred to in Article 6(1) of this Regulation.
Where the Executive Board of the Authority finds that a selected obliged entity has, intentionally or negligently, committed a serious, repeated or systematic breach of directly applicable requirements contained in Regulation (EU) 2023/1113 or Regulation (EU) 2024/1624, it shall adopt a decision imposing pecuniary sanctions, in accordance with paragraph 3 of this Article. The pecuniary sanctions imposed for such breaches shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, the administrative measures referred to in Article 21(2).
The basic amount of the pecuniary sanctions referred to in paragraph 1 shall be included within the following limits:
- (a) 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;
- (b) 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;
- (c) 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 ;
- (d) 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 ;
- (e) 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 basic amounts defined within the limits set out in paragraph 3 shall be adjusted, where needed, by taking into account aggravating or mitigating factors in accordance with the relevant coefficients set out in Annex I. The relevant aggravating coefficients shall be applied one by one to the basic amount. If more than one aggravating coefficient is applicable, the difference between the basic amount and the amount resulting from the application of each individual aggravating coefficient shall be added to the basic amount. Where the benefit derived from the breach or the losses to third parties caused by the breach can be determined, they shall be added to the total amount of the sanction, after application of the coefficients.
The relevant mitigating coefficients shall be applied one by one to the basic amount. If more than one mitigating coefficient is applicable, the difference between the basic amount and the amount resulting from the application of each individual mitigating coefficient shall be subtracted from the basic amount.
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