Article 36 Coordination and facilitation of the work of AML/CFT supervisory colleges in the non-financial sector

The Authority shall, within the scope of its powers and without prejudice to the powers of the relevant non-financial supervisorsmeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; 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 establishmentsmeans the actual pursuit by an obliged entity of an economic activity covered by Article 3 in a Member State or third country other than the country where its head office is located for an indefinite period and through a stable infrastructure, including:a branch or subsidiary;in the case of credit institutions and financial institutions, an infrastructure qualifying as an establishment under prudential regulation; in several Member States in accordance with that Article.

1. suggest the establishmentmeans the actual pursuit by an obliged entity of an economic activity covered by Article 3 in a Member State or third country other than the country where its head office is located for an indefinite period and through a stable infrastructure, including:a branch or subsidiary;in the case of credit institutions and financial institutions, an infrastructure qualifying as an establishment under prudential regulation; of a college where no such college has been established even though the Authority considers that the ML/TF risk exposure of the obliged entity and the scale of its cross-border activities justify the establishmentmeans the actual pursuit by an obliged entity of an economic activity covered by Article 3 in a Member State or third country other than the country where its head office is located for an indefinite period and through a stable infrastructure, including:a branch or subsidiary;in the case of credit institutions and financial institutions, an infrastructure qualifying as an establishment under prudential regulation; of a college, and the convocation and organisation of college meetings;

2. assist in the organisation of college meetings and in the assessment of whether the conditions for the participation of third-country supervisorsmeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; in the college are met, where requested by the relevant non-financial supervisorsmeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620;;

3. assist in the organisation of joint supervisory plans and joint on-site inspections or off-site investigations;

4. assist the non-financial supervisorsmeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; in the collection and sharing of all relevant information in order to facilitate the work of the college and make such information accessible to the supervisorsmeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; in the college;

5. promote effective and efficient supervisory activities and practices, including evaluating the risks to which obliged entities in the non-financial sector are or might be exposed;

6. provide assistance to non-financial supervisorsmeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620;, upon their specific requests, including requests to mediate between non-financial supervisorsmeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; in the situations covered by Article 50(2) and (3) of Directive (EU) 2024/1640.

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 supervisorsmeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; 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 supervisorsmeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620;, 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.