Source: OJ L, 2024/1620, 19.6.2024
Current language: EN
- Anti-money laundering
Basic legislative acts
- Anti-money laundering authority (AMLA) regulation
Article 102 Evaluation and review
By 31 December 2030, and every five years thereafter, the Commission shall draw up a report on the Authority’s performance in relation to its objectives, mandate, tasks and location, in accordance with the Commission’s guidelines. That report shall, in particular, address:
the possible need to amend the mandate of the Authority, and the financial implications of any such amendment;
the impact of all supervisory activities and tasks of the Authority on the interests of the Union as a whole, and specifically the effectiveness of:
supervisory tasks and activities related to direct supervision of selected obliged entitiesmeans 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;;
indirect supervision of non-selected obliged entitiesmeans 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;;
indirect oversight of other obliged entities;
the impact of the activities related to support and coordination of FIUs, and in particular the coordination of the joint analyses of cross-border activities and transactions conducted by FIUs;
the impartiality, objectivity and autonomy of the Authority;
the appropriateness of governance arrangements, including the composition of, and voting arrangements in, the Executive Board and its relationship with the General Board;
the cost effectiveness of the Authority, if appropriate, separately in relation to its distinct sources of funding;
the effectiveness of the recourse mechanism against decisions of the Authority and the independence and accountability arrangements applicable to the Authority;
the effectiveness of cooperation and information sharing arrangements between the Authority and non-AML/CFT authoritiesmeans: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(27) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).;Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).the European Central Bank (ECB), when it carries out the tasks conferred on it by Regulation (EU) No 1024/2013;a resolution authority designated in accordance with Article 3 of Directive 2014/59/EU;a designated authority as defined in Article 2(1), point (18), of Directive 2014/49/EU;a competent authority as defined in Article 3(1), point (35), of Regulation (EU) 2023/1114.;
the interaction between the Authority and the other Union supervisory authoritiesmeans a supervisor who is a public body, or the public authority overseeing self-regulatory bodies in their performance of supervisory functions pursuant to Article 37 of Directive (EU) 2024/1640, or AMLA when acting as a supervisor; and bodies, including the EBA, Europol, Eurojust, OLAF and the EPPO;
the scope of direct supervision and the criteria and methodology for the assessment and selection of entities for direct supervision;
the effectiveness of the Authority’s supervisory and sanctioning powers;
the effectiveness of, and convergence in, supervisory practices reached by supervisory authoritiesmeans a supervisor who is a public body, or the public authority overseeing self-regulatory bodies in their performance of supervisory functions pursuant to Article 37 of Directive (EU) 2024/1640, or AMLA when acting as a supervisor; and the role of the Authority therein.
The report referred to in paragraph 1 shall also examine whether:
the resources of the Authority are adequate to carry out its responsibilities;
it is appropriate to confer on the Authority additional supervisory tasks regarding obliged entities in the non-financial sector, specifying, as appropriate, the types of entities that should be subject to the additional supervisory tasks;
it is appropriate to confer on the Authority additional tasks in the area of support and coordination of the work of FIUs;
it is appropriate to confer on the Authority additional sanctioning powers.
In every second report, the Commission shall conduct a thorough review of the results achieved by the Authority having regard to its objectives, mandate, tasks and powers, including an assessment of whether the continuation of the Authority is still justified with regard to these objectives, mandate and tasks.
The report and any accompanying proposals, as appropriate, shall be forwarded to the European Parliament and to the Council.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.