Source: OJ L, 2024/1620, 19.6.2024

Current language: EN

Article 105 Amendments to Regulation (EU) No 1095/2010


Summary What does Article 105 of the Anti-money laundering authority regulation (AMLAR) say?

This is a short amendment article that makes targeted changes to Regulation (EU) No 1095/2010, which established the European Securities and Markets Authority (ESMA).

It mirrors similar amendments made to the other European Supervisory Authorities in Articles 103 and 104, ensuring consistency across the ESA framework in light of the creation of AMLA.

Important points:

  • ESMA's Board of Supervisors is required to admit a representative of AMLA as an observer when matters falling under AMLA's mandate are discussed or decided upon.
  • Two provisions of Regulation (EU) No 1095/2010 are deleted, removing text that has been superseded by the establishment of AMLA.
  • This article is part of a trio of coordinated amendments (alongside Articles 103 and 104) that align all three ESA regulations with the new AML/CFT supervisory architecture.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

Regulation (EU) No 1095/2010 is amended as follows:

  1. in Article 1(2), the second subparagraph is deleted;

  2. in Article 40(6), the first subparagraph is replaced by the following:

    ‘The Board of Supervisors may decide to admit observers. In particular, the Board of Supervisors shall admit a representative of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism established by Regulation (EU) 2024/1620 of the European Parliament and of the Council(49) where matters that fall under its mandate are discussed or decided upon.

  3. in Article 54, paragraph 2a is deleted.

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