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)

The maximum amount of a sanction for the serious, repeated or systematic breaches referred to in paragraph 3, points (a) and (b), shall not exceed 10 % of the total annual turnover of the obliged entity in the preceding business year, after application of the coefficients referred to in paragraphs 4 and 5.

The maximum amount of a sanction for the serious, repeated or systematic breaches referred to in paragraph 3, points (c) and (d), shall not exceed EUR 10 000 000 after application of the coefficients referred to in paragraphs 4 and 5.

Where the selected obliged entity is a parent undertaking or a subsidiary of a parent undertaking which is required to prepare consolidated financial statements in accordance with Article 22 of Directive 2013/34/EU of the European Parliament and the Council ([^E0011]), the relevant total annual turnover shall be the total annual turnover or the corresponding type of income in accordance with applicable accounting standards according to the last available consolidated accounts approved by the management body of the ultimate parent undertaking.

In the cases not covered by paragraph 1 of this Article, the Authority may, where necessary for the purpose of carrying out the tasks conferred on it by this Regulation, require financial supervisors to open proceedings with a view to taking action in order to ensure that appropriate pecuniary sanctions are imposed in accordance with the national law transposing Directive (EU) 2024/1640 and any relevant national legislation which confers specific powers which are currently not required by Union law. The pecuniary sanctions imposed shall be effective, proportionate and dissuasive.

The pecuniary sanctions imposed by the Authority shall be effective, proportionate and dissuasive.

The Executive Board may adopt a decision imposing a periodic penalty payment in order to compel:

The periodic penalty payment shall be effective and proportionate. The periodic penalty payment shall be imposed until the selected obliged entity or person concerned complies with the relevant administrative measure referred to in paragraph 1.

Notwithstanding paragraph 2, the amount of a periodic penalty payment shall not exceed, in the case of legal persons, 3 % of the average daily turnover in the preceding business year or, in the case of natural persons, 2 % of the average daily income in the preceding calendar year. It shall be calculated from the date set in the decision imposing the periodic penalty payment.

A periodic penalty payment may be imposed for a period of no more than six months following the notification of the Authority’s decision. Where, upon the expiry of that period, the selected obliged entity has not yet complied with the administrative measure, the Authority may impose periodic penalty payments for an additional period of no more than six months.

The decision imposing a periodic penalty payment may be taken at a later stage with retroactive effect up to the date of application of the administrative measure.

Before taking any decision imposing a pecuniary sanction or periodic penalty payment under Article 22 or 23, the Executive Board shall give the persons subject to the proceedings the opportunity to be heard on the Authority’s findings. The Executive Board shall base its decisions only on findings on which the persons subject to the proceedings have had the opportunity to comment.

The rights of defence of the persons subject to the proceedings shall be fully respected during the proceedings. They shall be entitled to have access to the Authority’s file, subject to the legitimate interest of other persons in the protection of their business secrets. The right of access to the file shall not extend to confidential information or internal preparatory documents of the Authority.

The Authority shall publish every decision imposing pecuniary sanctions or periodic penalty payments or applying administrative measures referred to in Article 21(2), points (c) to (g), adopted on cases referred to in Article 21(1), point (a), immediately after the person responsible for the breach is informed of that decision. The publication shall include at least the information on the type and nature of the breach, the identity of the person responsible, and, for pecuniary sanctions or periodic penalty payments, their amount.

Upon the expiry of the deadline for a review of the decision by the Administrative Board of Review or, where such a review was not requested by the obliged entity, the expiry of the deadline for an appeal to the Court of Justice of the European Union, the Authority shall publish the information on a request for review or an appeal. Any subsequent information on the outcome of such review or appeal shall be published by the Authority immediately after obtaining such information. Any decision annulling a decision to impose a pecuniary sanction or a periodic penalty payment or apply an administrative measure pursuant to Article 21(1), point (a), shall also be published.

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:

The Authority shall make any publication pursuant to this Article accessible on its website for a period of five years.

Pecuniary sanctions and periodic penalty payments imposed pursuant to Articles 22 and 23 shall be enforceable.

The amounts of the pecuniary sanctions and periodic penalty payments collected shall be allocated to the general budget of the Union.

Where, in carrying out its duties under this Regulation, the Authority finds that there are serious indications of the possible existence of facts liable to constitute one or more of the breaches listed in Annex II, the Authority shall appoint an independent investigatory team within the Authority to investigate the matter. The investigatory team shall not be involved or have been involved in the direct supervision of the selected obliged entity concerned and shall perform its functions independently from the Executive Board. The Authority shall develop internal procedures to determine the rules governing the selection of the members of the independent investigatory team, in particular with regard to the knowledge, background, expertise and experience of those members.

The investigatory team shall investigate the alleged breaches, taking into account any comments submitted by the persons subject to investigation, and shall submit a complete file with its findings to the Executive Board.

Upon completion of its investigation and before submitting the file with its findings to the Executive Board, the investigatory team shall give the persons subject to investigation the opportunity to be heard on the matters being investigated. The investigatory team shall base its findings only on facts on which the persons subject to investigation have had the opportunity to comment.

When submitting the file with its findings to the Executive Board, the investigatory team shall notify that fact to the persons subject to investigation. The persons subject to investigation shall be entitled to have access to the file, subject to the legitimate interest of other persons in the protection of their business secrets. The right of access to the file shall not extend to confidential information affecting third parties.

On the basis of the file containing the investigatory team’s findings and, when requested by the persons concerned, after having heard the persons subject to investigation in accordance with Article 24(1), the Executive Board shall decide if one or more of the breaches listed in Annex II have been committed by the persons who are subject to investigation and, in such case, shall impose a pecuniary sanction in accordance with Article 22 and apply an administrative measure in accordance with Article 21 in addition to, or instead of, imposing a pecuniary sanction.

The investigatory team shall not participate in the deliberations of the Executive Board or in any other way intervene in the decision-making process of the Executive Board.

The Commission shall adopt further rules of procedure for the exercise of the power to impose pecuniary sanctions or periodic penalty payments, including provisions on rights of defence, temporal provisions, and the collection of pecuniary sanctions or periodic penalty payments, and shall adopt detailed rules on the limitation periods for the imposition and enforcement of penalties.

The Authority shall refer matters for criminal prosecution to the relevant national authorities where, in carrying out its duties under this Regulation, it finds that there are serious indications of the possible existence of facts liable to constitute criminal offences. In addition, the Authority shall refrain from imposing pecuniary sanctions or periodic penalty payments where a prior acquittal or conviction arising from identical facts, or from facts which are substantially the same, has acquired the force of res judicata as the result of criminal proceedings under national law.

The Authority and the financial supervisors shall adopt arrangements for their communications within the AML/CFT supervisory system, including the language(s) to be used.

Any document which a selected obliged entity or any other natural or legal person individually subject to the Authority’s supervisory procedures submits to the Authority may be drafted in any of the official languages of the Union, chosen by the selected obliged entity or natural or legal person concerned.

The Authority, the selected obliged entities and any other legal or natural person individually subject to the Authority’s supervisory procedures may agree to exclusively use one of the official languages of the Union in their written communications, including with regard to the Authority’s supervisory decisions.

Where an agreement on the exclusive use of one language as referred to in paragraph 3 is subsequently revoked, that revocation shall only affect the aspects of the Authority’s supervisory procedure which have not yet been carried out.

Where participants in an oral hearing request to be heard in an official language of the Union other than the language of the Authority’s supervisory procedure, sufficient advance notice of that requirement shall be given to the Authority so that it can make the necessary arrangements.

The Authority shall perform periodic assessments of some or all of the activities of one, several, or all financial supervisors, as well as of their tools and resources. As part of each assessment, the Authority shall assess the extent to which a financial supervisor performs its tasks in accordance with Directive (EU) 2024/1640 and takes the necessary steps to ensure consistent high-level supervisory standards and practices. The assessments shall take into account the level of harmonisation of supervisory approaches and, to that end, shall include a review of the application of all or part of the AML/CFT supervisory methodology developed pursuant to Article 8, and it shall cover all financial supervisors in a single assessment cycle. The Executive Board shall adopt, after consulting the General Board in supervisory composition, an assessment cycle plan. The General Board, acting by a majority of two thirds of its members, may require the Executive Board to adopt a new plan. The length of each assessment cycle shall be determined by the Authority and shall not exceed seven years.

The assessments shall be carried out by the staff of the Authority and, following an open call for participation, by the staff of financial supervisors that are not subject to review, on a voluntary basis. Where relevant, the assessments shall take due account of the evaluations, assessments or reports drawn up by international organisations and intergovernmental bodies with competence in the field of ML/TF prevention. The assessments may also take due account of the information set out in the central AML/CFT database established pursuant to Article 11.

The Authority shall produce a report setting out the results of each assessment. A draft version of the report shall be submitted to the financial supervisor subject to the assessment for comments, prior to its consideration by the General Board in supervisory composition. Within a deadline determined by the Authority, the financial supervisor subject to the assessment shall submit comments to the draft report. The final report shall be adopted by the Executive Board, taking into account the observations of the General Board in supervisory composition. The Executive Board shall ensure consistency in the application of the assessment methodology. The report shall explain and indicate any specific follow-up measures required to be taken by the financial supervisor subject to the assessment that are deemed appropriate, proportionate and necessary as a result of the assessment. The follow-up measures may be adopted in the form of guidelines and recommendations of the General Board. The follow-up measures may also be adopted in the form of individual recommendations taken by the Executive Board. Those individual follow-up measures shall only be published upon the consent of the financial supervisor concerned and only in summary or aggregate form, such that individual financial institutions cannot be identified. The published version of the report shall not include confidential information nor references to specific financial supervisors.

Financial supervisors shall make every effort to comply with the specific follow-up measures addressed to them as a result of the assessment. Where applicable, financial supervisors shall provide regular updates to the Authority regarding the type of measures that they have implemented in response to the report referred to in paragraph 3.

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:

For the purposes of paragraph 1, the staff of the Authority shall have full participation rights in the AML/CFT supervisory colleges and shall be able to participate in their activities, including on-site inspections, carried out jointly by two or more financial supervisors.

Financial supervisors shall notify the Authority where the situation of any non-selected obliged entity with regard to its compliance with Regulation (EU) 2024/1624, Regulation (EU) 2023/1113, any other legal provisions adopted for the implementation of those Regulations or any administrative act issued by any supervisor and its exposure to ML/TF risks, deteriorates rapidly and significantly, in particular where such deterioration might negatively impact several Member States or the Union as a whole or undermine the integrity of the Union’s financial system.

The Authority may, where it has indications of serious, repeated or systematic breaches by a non-selected obliged entity, request its financial supervisor to:

A request referred to in paragraph 2 may be initiated where the Authority has indications of a serious, repeated or systematic breach:

The financial supervisor concerned shall comply with any request addressed to it in accordance with paragraph 2 and shall inform the Authority as soon as possible, and at the latest within 10 working days of the day of the notification of such request, of the steps it has taken or intends to take to comply with that request.

Where a request referred to in paragraph 2 is not complied with or information on the steps taken or intended to be taken to comply with it is not provided to the Authority within 10 working days of the day of the notification of the request, the Authority may request the Commission to grant permission to transfer temporarily the relevant tasks and powers referred to in Article 5(2) and Article 6(1) related to direct supervision of the non-selected obliged entity from the financial supervisor concerned to the Authority.

A request from the Authority to the Commission pursuant to paragraph 5 shall contain the following:

Based on the information received pursuant to paragraph 6, the Commission shall have one month from the date of receipt of the request from the Authority to adopt a duly justified decision whether to authorise the transfer of the relevant tasks and powers or to oppose it. The decision shall be notified to the Authority, which shall immediately inform the financial supervisor and the non-selected obliged entity thereof. The European Parliament and the Council shall be informed of the decision.

On the tenth working day after the decision authorising the transfer of tasks and powers in relation to the non-selected obliged entity has been notified to the Authority, the non-selected obliged entity shall be deemed a selected obliged entity for the purposes of the exercise of the tasks referred to in Article 5(2) and the powers referred to in Article 6(1) and Articles 17 to 23. The Commission decision shall set a time limit for the exercise of those tasks and powers, upon the expiry of which they shall be automatically transferred back to the financial supervisor concerned.

After having consulted the financial supervisor concerned, the Authority may submit to the Commission a request to extend the application of the decision authorising the transfer of tasks and powers. That request shall be submitted at least two months before the expiry of the initial period.

The Authority may assist financial supervisors in reaching an agreement in accordance with the procedure set out in paragraphs 3, 4 and 5 of this Article at the request of one or more financial supervisors pursuant to Article 46, 47, 49 or 54 of Directive (EU) 2024/1640 or in other instances where a financial supervisor disagrees with the procedure or content of an action, proposed action, or inactivity of another financial supervisor insofar as it affects its own supervisory tasks and responsibilities in relation to a specific non-selected obliged entity or multiple non-selected obliged entities.

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 Executive Board shall assess any request referred to in paragraphs 1 and 2 and notify the relevant parties whether it considers the request justified and intends to act upon it in accordance with this Article.

The Authority shall set a time limit for conciliation between the financial supervisors, taking into account any relevant time periods specified in Union law and the complexity and urgency of the matter. For the purposes of the conciliation phase, the Authority shall act as a mediator. Where necessary or provided for in Union law, it shall issue an opinion on how to settle the disagreement.

Where the financial supervisors fail to reach an agreement during the conciliation phase referred to in paragraph 4, or where they fail to follow the opinion issued by Authority, the Authority may require those supervisors to take specific action or refrain from certain action, in order to settle the matter, and to ensure compliance with Union law. The decision of the Authority shall be binding on the financial supervisors. The Authority’s decision may require financial supervisors to revoke or amend a decision that they have adopted or to make use of their powers under applicable Union law.

The Authority shall notify the financial supervisors of the conclusion of the procedures under paragraphs 4 and 5 together with, where applicable, its decision taken under paragraph 5.

Any action by the financial supervisors in relation to facts which are subject to a decision pursuant to paragraph 5 shall be compatible with such a decision.

In the report referred to in Article 84, the Chair of the Authority shall set out the nature and type of disagreements between financial supervisors, the agreements reached and the decisions taken to settle such disagreements.

Where a financial supervisor has not applied measures laid down in Directive (EU) 2024/1640, or the provisions of national law transposing that Directive, or has applied measures in a way that appears to be a breach of Union law leading to systematic failures in its supervision which affect multiple obliged entities and undermine the effectiveness of the AML/CFT supervisory system, the Authority shall act in accordance with the powers set out in paragraphs 2, 3 and 4.

The Authority may initiate an investigation of a potential breach of Union law referred to in paragraph 1 on its own initiative where it has an indication of such a breach based on well-substantiated information collected by the Authority when carrying out its tasks pursuant to this Regulation.

The financial supervisor that is the subject of an investigation pursuant to paragraph 2 shall, without delay, provide the Authority with all information that the Authority requests for the purposes of its investigation, including as regards how the acts referred to in paragraph 1 are applied in accordance with Union law.

Where deemed appropriate and necessary, the Authority may also, after having informed the financial supervisor that is the subject of the investigation, provide an opportunity to all other financial supervisors to transmit information to the Authority that they deem relevant or directly address a duly justified and reasoned request for information to any other financial supervisor. The addressees of such a request shall, without undue delay, provide the Authority with clear, accurate and complete information.

The Authority may, no later than six months from the date of initiating its investigation, address a recommendation to the financial supervisor subject to investigation, setting out the action necessary to comply with Union law.

Where the financial supervisor has not complied with Union law within one month of the date of receipt of the Authority’s recommendation, the Commission may, after having been informed of that fact by the Authority or on its own initiative, issue a formal opinion requiring the financial supervisor to take the action necessary to comply with Union law. The Commission’s formal opinion shall take into account the Authority’s recommendation.

The financial supervisor shall, within 10 working days of receipt of the formal opinion referred to in paragraph 6, inform the Commission and the Authority of the steps it has taken or intends to take to comply with that formal opinion. When taking action in relation to issues which are the subject of a formal opinion, the financial supervisor shall comply with that formal opinion.

The Authority shall periodically conduct peer reviews of some or all of the activities of non-financial supervisors and public authorities referred to in Article 52 of Directive (EU) 2024/1640 to strengthen consistency and effectiveness in supervisory outcomes. The Authority shall develop methods to allow for an objective assessment and comparison between the non-financial supervisors reviewed. Where relevant, the planning and conducting of assessments shall take due account of the evaluations, assessments and reports drawn up by international organisations and intergovernmental bodies with competence in the field of AML/CFT. The assessments may also take due account of the information contained in the central AML/CFT database established pursuant to Article 11 of this Regulation.

Peer reviews shall be carried out by the staff of the Authority jointly with the relevant staff of the non-financial supervisors and of the public authorities as referred to in Article 52 of Directive (EU) 2024/1640.

The peer review shall include an assessment of, but not be limited to:

The Authority shall produce a report setting out the results of the peer review. That peer review report shall be jointly prepared by the staff of the Authority and the relevant staff of the non-financial supervisors and of the public authorities as referred to in Article 52 of Directive (EU) 2024/1640 involved in the peer review, and adopted by the Executive Board, having received the observations of the General Board in supervisory composition as to the consistency of application of the methodology with other peer review reports. The report shall explain and indicate the follow-up measures that are deemed appropriate, proportionate and necessary as a result of the peer review. Those follow-up measures may be adopted in the form of guidelines and recommendations pursuant to Article 54 and opinions pursuant to Article 55 of this Regulation. The non-financial supervisors and the public authorities as referred to in Article 52 of Directive (EU) 2024/1640 shall make every effort to comply with any guidelines and recommendations issued, in accordance with Article 54(3) of this Regulation.

The Authority shall publish the findings of the peer review on its website and inform at least the European Parliament thereof. It shall submit an opinion to the Commission where, having regard to the outcome of the peer review or to any other information acquired by the Authority in carrying out its tasks, it considers that further harmonisation of Union rules applicable to obliged entities in the non-financial sector or to non-financial supervisors would be necessary from the Union’s perspective.

The Authority shall provide a follow-up report two years after the publication of the peer review report. The follow-up report shall be jointly prepared by the staff of the Authority and the relevant staff of the non-financial supervisors involved in the peer review, and shall be adopted by the Executive Board, having received the observations of the General Board in supervisory composition on the consistency of application of the methodology with other peer review reports. The follow-up report shall include an assessment of the adequacy and effectiveness of the actions undertaken by the non-financial supervisors that were subject to the peer review in response to the follow-up measures of the peer review report. The Authority shall publish the findings of the follow-up report on its website.

For the purposes of this Article, the Executive Board shall adopt a peer review work plan every two years, after consulting the General Board in supervisory composition. That peer review work plan shall reflect the lessons learnt from past peer review processes and discussions held in the General Board in supervisory composition. The General Board in supervisory composition, acting by a majority of two thirds of its members, may require the Executive Board to adopt a new plan. The peer review work plan shall constitute a separate part of the annual and multiannual working programme and shall be included in the single programming document referred to in Article 65. In the case of urgent or unforeseen events, the Authority may decide to carry out additional peer reviews.

Where peer reviews concern supervisory activities which in one or more Member States are carried out by self-regulatory bodies, the peer review shall include an assessment of measures taken pursuant to Article 52 of Directive (EU) 2024/1640 by the public authority responsible for overseeing those bodies to ensure that they perform their function adequately and effectively.

Where peer reviews concern supervisory activities which in one or more Member States are carried out by self-regulatory bodies, those self-regulatory bodies shall not be required to participate. However, where they indicate an interest in participating in a peer review, staff of those bodies that are entrusted with supervisory tasks shall be allowed to participate in that peer review.

The Authority shall, within the scope of its powers and without prejudice to the powers of the relevant non-financial supervisors pursuant to Article 50 of Directive (EU) 2024/1640, assist in the setting up and functioning of AML/CFT supervisory colleges in the non-financial sector for obliged entities in the non-financial sector operating establishments in several Member States in accordance with that Article.

For the purposes of paragraph 1, the Authority may:

For the purposes of paragraph 1, the staff of the Authority shall have full participation rights in AML/CFT supervisory colleges. Upon the agreement of the non-financial supervisors concerned, the staff of the Authority shall be able to participate in the activities of the college carried out jointly by two or more non-financial supervisors, including on-site inspections of obliged entities in the non-financial sector, except those covered by Article 3, point (3)(a) and (b), of Regulation (EU) 2024/1624.

Where the Authority has grounds to suspect that a non-financial supervisor or a public authority overseeing self-regulatory bodies referred to in Article 52 of Directive (EU) 2024/1640 has not applied the Union acts or the national legislation referred to in Article 1(2) of this Regulation, or has applied them in a way which appears to breach Union law, it shall inform the supervisor or public authority concerned of those suspected breaches and investigate them.

The Authority shall be able to request from the supervisor or public authority concerned all information which the Authority considers necessary for its investigation, including information on how the Union acts or national legislation referred to in Article 1(2) of this Regulation are applied in accordance with Union law, but with the exception of information covered by legal privilege, unless the exemptions set out in Article 21(2), second subparagraph, and Article 70(2), second subparagraph, of Regulation (EU) 2024/1624 and in Article 52(3), point (a), of Directive (EU) 2024/1640 apply.

The Authority may, not later than six months from initiating its investigation, address a recommendation to the supervisor or public authority concerned setting out the action necessary to remedy the identified breach.

Where the supervisor or public authority has not resolved the identified breach referred to in paragraph 3, first subparagraph, within one month of receipt of the Authority’s recommendation, the Authority shall issue a warning detailing the breach and identifying measures to be implemented by the addressees of the warning to mitigate its effects.

As soon as the supervisor or public authority concerned has resolved the breach, the Authority shall inform the addressees of its warning referred to in paragraph 4 that the breach has been resolved and that the mitigating measures have ceased.

The Authority may assist non-financial supervisors in reaching an agreement in accordance with the procedure set out in paragraphs 3 and 4 of this Article at the request of one or more non-financial supervisors pursuant to Article 46, 47, 50 or 54 of Directive (EU) 2024/1640 or in other instances where a non-financial supervisor disagrees with the procedure or content of an action, proposed action or inactivity of another non-financial supervisor insofar as it affects its own supervisory tasks and responsibilities in relation to a specific obliged entity or multiple obliged entities.

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 Executive Board shall assess any request referred to in paragraphs 1 and 2 and notify the relevant parties whether it considers the request justified and intends to act upon it in accordance with this Article.

The Authority shall set a time limit for conciliation between the non-financial supervisors taking into account any relevant time periods specified in Union law and the complexity and urgency of the matter. For the purposes of the conciliation phase, the Authority shall act as a mediator. Where necessary or provided for in Union law, the Authority shall issue an opinion on how to settle the disagreement.

The Authority shall be responsible for ensuring the effective and consistent cooperation between Financial Intelligence Units (‘FIUs’) within the framework of the support and coordination mechanism for FIUs. To that end, the Authority shall support and coordinate the activities of FIUs.

The Authority and FIUs shall be subject to a duty of cooperation in good faith, including with regard to joint analyses supported or initiated by the Authority, and to an obligation to exchange information that is necessary to fulfil their respective tasks.

The Authority shall have dedicated human, financial and IT resources to support the tasks referred to in Article 5(5) and shall ensure, where necessary, organisational separation of the staff dedicated to those tasks from the staff carrying out the tasks relating to the Authority’s supervisory activities.

The Authority shall lay down methods and criteria for the selection and prioritisation of cases relevant for the conduct of joint analyses in accordance with Article 32 of Directive (EU) 2024/1640, to be assisted by the Authority.

For the purposes of paragraph 1, the Authority shall draw up, on an annual basis, a list of priority areas for the conduct of joint analyses. That list may be reviewed where new priority areas are identified.

Where, pursuant to Article 32 of Directive (EU) 2024/1640 and having regard to the criteria referred to in paragraph 1 of this Article, an FIU of a Member State identifies a potential need to conduct a joint analysis with one or several FIUs in other Member States, it shall notify the Authority thereof.

If at least one other FIU agrees to take part in the joint analysis, the Authority shall ensure that the joint analysis is launched within 20 days of the initial assessment referred to in paragraph 3, second subparagraph, unless the urgency of the matter justifies the imposition of a shorter deadline.

Any FIU that declines to participate in the conduct of the joint analysis shall provide the reasons thereof in writing to the Authority, within five days of receipt of the invitation. The Authority shall provide such explanation without delay to the FIU that identified the need for a joint analysis.

Upon the express consent of all FIUs participating in the joint analysis, the staff of the Authority supporting the joint analysis shall be granted access to all data pertaining to the subject matter of the case and shall be able to process those data for the purposes of supporting the joint analysis.

The Authority shall provide all necessary tools and operational support required for the conduct of the joint analysis, in accordance with the developed methods and procedures. In particular, the Authority shall set up a dedicated, secured channel of communication for the performance of the joint analysis, and shall provide the appropriate technical coordination, including IT support, as well as budgetary and logistical support.

Upon the express consent of all FIUs participating in the joint analysis, the staff of the Authority supporting the joint analysis shall be authorised to cross-match, on the basis of a hit/no-hit system, the data of those FIUs with data made available by other FIUs and Union bodies, offices and agencies within their respective mandates.

Where the results of a joint analysis indicate that there are reasonable grounds to suspect that money laundering or other criminal activities are being or have been committed in respect of which the EPPO could exercise its competence in accordance with Article 22 and Article 25(2) and (3) of Regulation (EU) 2017/1939, the Authority shall report without undue delay the results of the joint analysis and any additional relevant information to the EPPO.

The Authority shall, in consultation with the EPPO, develop draft implementing technical standards to specify the format to be used by the Authority for the reporting of information to the EPPO.

Where the results of the joint analysis indicate that there are reasonable grounds to suspect that fraud, corruption or any other illegal activity affecting the financial interests of the Union is being or has been committed in respect of which the European Anti-Fraud Office (OLAF) could exercise its competence in accordance with Article 8 of Regulation (EU, Euratom) No 883/2013, the Authority shall transmit the results of the joint analysis and any additional relevant information to OLAF.

Upon the express consent of all FIUs participating in the joint analysis and where the results of the joint analysis indicate that there are reasonable grounds to suspect that a criminal offence has been committed in respect of which Europol could exercise its competence in accordance with Regulation (EU) 2016/794 of the European Parliament and of the Council ([^E0012]), the Authority shall transmit the results of the joint analysis and any additional relevant information to Europol.

Upon the express consent of all FIUs participating in the joint analysis, and where the results of the joint analysis indicate that there are reasonable grounds to suspect that a criminal offence has been committed in respect of which Eurojust could exercise its competence in accordance with Regulation (EU) 2018/1727 of the European Parliament and of the Council ([^E0013]), the Authority shall transmit the results of the joint analysis and any additional relevant information to Eurojust.

The Authority, the EPPO, Europol, Eurojust and OLAF may exchange strategic and other non-operational information, such as typologies and risk indicators, in the areas within their competence.

Where the Authority identifies a potential need to conduct a joint analysis pursuant to Article 40 of this Regulation or Article 32 of Directive (EU) 2024/1640, it shall inform the concerned FIUs thereof and request them to take part in the joint analysis.

The concerned FIUs shall inform the Authority without undue delay, making best efforts to do so within five days of receipt of the request, of their decision concerning the request referred to in paragraph 1.

Where an FIU requested to take part in the joint analysis refuses a request made by the Authority pursuant to paragraph 1, it shall inform the Authority of the reasons for its decision without undue delay, making best efforts to do so within five days of receipt of the request.

The Authority shall establish methods and procedures for the conduct of joint analyses, periodically review them and update them where necessary. The requirement to review and update shall also apply to the methods and criteria referred to in Article 40(1).

FIUs that participated or were otherwise involved in a joint analysis may provide their feedback to the Authority on the conduct of the analysis, including feedback on the operational support provided by the Authority in the process of the joint analysis, as well as feedback on the outcome of the analysis, the methods and procedures in place pursuant to paragraph 1, the tools available and the coordination between the participating FIUs. Feedback that is labelled confidential shall not be shared with other FIUs.

On the basis of the feedback referred to in paragraph 2, or on its own initiative, the Authority may issue a follow-up report relating to the conduct of the joint analysis, including specific suggestions for adjustments regarding the methods and procedures for the conduct of the joint analysis, and conclusions on the outcome of the joint analysis. The follow-up report shall be shared with all FIUs, without disclosing confidential or restricted information on the case. The conclusions and recommendations relating to the conduct of the joint analysis shall be shared with all FIUs that participated in that joint analysis, and with all other FIUs insofar as those conclusions and recommendations do not contain confidential or restricted information.

The FIU of each Member State shall delegate one or more staff members to the Authority. The regular place of work of the national FIU delegate shall be at the seat of the Authority.

FIU delegates shall have the status of staff of the delegating FIU at the time of their appointment and for the entire duration of their delegation. Member States shall appoint their FIU delegate on the basis of a proven high level of relevant and practical experience in the field of FIU tasks. The delegate shall remain under the authority of the delegating FIU and shall comply with the security and confidentiality rules of the delegating FIU, including relevant national law.

The General Board in FIU composition may reject a person who has been appointed as FIU delegate if that person does not fulfil the criteria referred to in paragraph 2. The term of office of FIU delegates shall be three years, renewable once with the consent of the delegating FIU.

FIU delegates shall support the Authority in carrying out the tasks set out in Article 5(5). To that end, FIU delegates shall be granted, for the duration of the delegation, access to the Authority’s data and information to the extent necessary for the performance of their tasks.

FIU delegates shall be granted access to any data accessible by their delegating FIU for the purposes of carrying out the tasks referred to in Article 5(5).

The Executive Board shall determine the rights and obligations of FIU delegates in relation to the Authority, taking into account the opinion of the General Board in FIU composition. FIUs shall ensure that their FIU delegate complies with those rights and obligations.

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:

An FIU may submit to the Authority a request for assistance related to the tasks of the FIU, specifying the type of assistance it seeks from the staff of the Authority, the staff of one or more FIU, or a combination thereof. The FIU requesting assistance shall ensure that access is given to any information and data necessary for the provision of such assistance. The Authority shall keep and regularly update information on specific areas of expertise and on the capacity of FIUs to provide mutual assistance related to the tasks of FIUs.

The Authority shall make every effort to provide the requested assistance, including by considering the support to be provided with its own human resources as well as coordinating and facilitating the provision of any form of assistance by other FIUs on a voluntary basis.

At the beginning of each year, the Chair of the Authority shall inform the General Board in FIU composition of the human resources that the Authority can allocate to providing the assistance referred to in paragraph 2 of this Article. Where changes occur to the availability of human resources due to performance of the tasks referred to in Article 5(5), the Chair of the Authority shall inform the General Board in FIU composition thereof.

The Authority may facilitate a solution in the case of a disagreement between two or more FIUs regarding individual cases related to cooperation, including the exchange of information, under Directive (EU) 2024/1640. The purpose of such mediation shall be to reconcile divergent points of view between the FIUs and to adopt a non-binding opinion.

Where a disagreement cannot be solved by direct contact and dialogue between the FIUs concerned, the Authority shall launch a mediation procedure upon the request of one or more of those FIUs. The Authority may also propose launching a mediation procedure on its own initiative. Mediation shall be conducted only with the agreement of all FIUs concerned.

The mediation procedure shall be launched before the General Board in FIU composition. All members of the General Board in FIU composition, except the heads of the FIUs that are concerned by the disagreement, shall seek to reconcile the points of view of the FIUs that are concerned by the disagreement and shall agree on a non-binding opinion. Where relevant, experts from the Commission may be invited to participate in the mediation procedure in an advisory capacity.

The General Board in FIU composition shall adopt rules of procedure for mediation procedures, including the applicable deadlines.

Where an FIU that is concerned by a disagreement refuses to participate in the mediation procedure, it shall inform the Authority and the other FIUs that are concerned by the disagreement of the reasons for its decision within the period specified in the rules of procedure referred to in paragraph 4.

Within three months of the adoption of the non-binding opinion referred to in paragraph 3, the FIUs that are concerned by the disagreement shall report to the General Board in FIU composition regarding the measures that they have taken in response to the opinion or, where they have not taken measures, regarding the reasons why they have not done so.

The Authority shall ensure adequate, uninterrupted and secure hosting of FIU.net, and ensure the management, maintenance and development of FIU.net. Taking into account the needs of FIUs, the Authority shall ensure that the most advanced and secure technology available is used for FIU.net, subject to a cost-benefit analysis.

The Authority shall ensure uninterrupted functioning of FIU.net and keep it up-to-date. Where necessary to support or strengthen the exchange of information and cooperation between FIUs and based on the needs of FIUs, the Authority shall design and implement, or otherwise make available, upgraded or additional functionalities of FIU.net.

The Authority shall also be responsible for the following tasks relating to FIU.net:

For the purposes of carrying out the tasks referred to in paragraphs 1, 2 and 3, the Authority shall be empowered to conclude or enter into legally binding contracts or agreements with third-party service providers, after appropriate audits of their security standards.

The Authority shall adopt and implement the measures necessary for the fulfilment of the tasks referred to in this Article, including a security plan, a business continuity plan and a disaster recovery plan for FIU.net.