Source: OJ L, 2024/1620, 19.6.2024

Current language: EN

Article 5 Tasks


    1. The Authority shall perform the following tasks with respect to ML/TF risks facing the internal market:

      1. monitor developments across the internal market and assess threats, vulnerabilities and risks in relation to ML/TF;

      2. monitor developments in third countriesmeans any jurisdiction, independent state or autonomous territory that is not part of the Union and that has its own AML/CFT legislation or enforcement regime; and assess threats, vulnerabilities and risks in relation to their AML/CFT systems that have an actual or potential impact on the internal market;

      3. collect and analyse information, from its own supervisory activities and those of 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; and 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;, 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;

      4. establish a central AML/CFT database of information collected from 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; or stemming from the Authority’s activities, and keep it up to date;

      5. analyse the information collected in the central database and share those analyses with 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;, 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 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. on a need-to-know and confidential basis;

      6. support the analysis of risks of ML/TF and of non-implementation and evasion of targeted financial sanctionsmeans both asset freezing and prohibitions to make funds or other assets available, directly or indirectly, for the benefit of designated persons and entities pursuant to Council Decisions adopted on the basis of Article 29 TEU and Council Regulations adopted on the basis of Article 215 TFEU; affecting the internal market, referred to in Article 7 of Directive (EU) 2024/1640;

      7. support, facilitate and strengthen cooperation and exchange of information between obliged entities and 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;, 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 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. in order to develop a common understanding of ML/TF risks and threats facing the internal market, including by participating in partnerships for information sharingmeans a mechanism that enables the sharing and processing of information between obliged entities and, where applicable, competent authorities referred to in point 44(a), (b) and (c), for the purposes of preventing and combating money laundering, its predicate offences and terrorist financing, whether at national level or on a cross-border basis, and regardless of the form of that partnership.Prominent public functions as referred to in paragraph 1, point (34), shall not be understood as covering middle-ranking or more junior officials.Where justified by their administrative organisation and by risk, Member States may set lower thresholds for the designation of the following prominent public functions:members of governing bodies of political parties represented at regional or local level, as referred to in paragraph 1, point (34)(a)(iii);heads of regional and local authorities, as referred to in paragraph 1, point (34)(a)(viii).Member States shall notify those lower thresholds to the Commission.In relation to paragraph 1, point (34)(a)(vii) of this Article, where justified by their administrative organisation and by risk, Member States may set lower thresholds for the identification of enterprises controlled by regional or local authorities than those defined in Article 3(3), (4), (6) and (7) of Directive 2013/34/EU.Member States shall notify those lower thresholds to the Commission.Where justified by their social and cultural structures and by risk, Member States may apply a broader scope for the designation of siblings as family members of politically exposed persons, as referred to in paragraph 1, point (35)(d).Member States shall notify that broader scope to the Commission. in the field of AML/CFT;

      8. issue publications and provide training, as well as other services on demand, in order to raise awareness of, and address, ML/TF risks;

      9. 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;

      10. undertake any other specific task set out in this Regulation or in the other legislative acts referred to in Article 1(2).

    1. The Authority shall perform the following tasks with respect to 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;:

      1. ensure compliance of the 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; 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 sanctionsmeans both asset freezing and prohibitions to make funds or other assets available, directly or indirectly, for the benefit of designated persons and entities pursuant to Council Decisions adopted on the basis of Article 29 TEU and Council Regulations adopted on the basis of Article 215 TFEU;;

      2. 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 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; 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;

      3. participate in group-wide supervision, in particular in AML/CFT supervisory colleges, including where a selected obliged entitymeans 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; is part of a groupmeans a group of undertakings which consists of a parent undertaking, its subsidiaries, as well as undertakings linked to each other by a relationship within the meaning of Article 22 of Directive 2013/34/EU; that has headquarters, subsidiaries or branches outside the Union;

      4. develop and keep up to date a system to assess the risks and vulnerabilities of the 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;, in order to inform the supervisory activities of the Authority and the 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;, including through the collection of data from those entities by means of structured questionnaires and other online or offline tools.

    1. The Authority shall perform the following tasks with respect to 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;:

      1. maintain an up-to-date list of 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; within the Union;

      2. carry out periodic assessments to ensure that all 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; 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;

      3. take, in response to a request by 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; 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 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;’ compliance or risk exposure;

      4. facilitate the functioning of the AML/CFT supervisory colleges in the financial sector;

      5. contribute, in collaboration with 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;, 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 sanctionsmeans both asset freezing and prohibitions to make funds or other assets available, directly or indirectly, for the benefit of designated persons and entities pursuant to Council Decisions adopted on the basis of Article 29 TEU and Council Regulations adopted on the basis of Article 215 TFEU;;

      6. coordinate staff and information exchanges among 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 Union in the area of AML/CFT;

      7. provide assistance, in the area of AML/CFT, to 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;, following their specific requests, including requests to mediate between 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;;

      8. settle, with binding effect, disagreements between 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; 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).

    1. The Authority shall perform the following tasks with respect 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;:

      1. maintain an up-to-date list of 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; within the Union;

      2. coordinate peer reviews of supervisory standards and practices in the area of AML/CFT;

      3. in the area of AML/CFT, investigate potential breaches or non-application of Union law by 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; and public authorities overseeing self-regulatory bodiesmeans a body that represents members of a profession and has a role in regulating them, in performing certain supervisory or monitoring functions and in ensuring the enforcement of the rules relating to them;, issue recommendations on how to remedy the identified breaches and, where 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; or public authorities do not comply with the recommendations, issue warnings identifying the measures to be implemented to mitigate the effects of the breach;

      4. carry out periodic reviews to ensure that all 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; have adequate resources and powers necessary for the performance of their tasks in the area of AML/CFT;

      5. contribute to the convergence of supervisory practices and the promotion of high supervisory standards in the area of AML/CFT;

      6. facilitate the functioning of AML/CFT supervisory colleges in the non-financial sector;

      7. 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;, following their specific requests, such as 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 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.

    2. Where supervision of specific sectors is delegated at national level to self-regulatory bodiesmeans a body that represents members of a profession and has a role in regulating them, in performing certain supervisory or monitoring functions and in ensuring the enforcement of the rules relating to them;, the Authority shall exercise the tasks set out in the first subparagraph in relation to 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; overseeing the activities of those bodies.

    1. The Authority shall perform the following tasks with respect to FIUs and their activities in Member States:

      1. maintain an up-to-date list of FIUs within the Union;

      2. monitor changes in the legal framework of FIUs, as well as in their organisation, focusing on resources for the performance of their tasks;

      3. support the work of FIUs and contribute to improved cooperation and coordination between FIUs;

      4. contribute to the identification and the selection of relevant cases for the conduct of joint analyses by FIUs;

      5. develop appropriate methods and procedures for the conduct of joint analyses by FIUs of cross-border cases;

      6. set up, coordinate, organise and facilitate the conduct of joint analyses carried out by FIUs;

      7. provide assistance to FIUs, upon their specific requests, such as requests for mediation in the case of a disagreement between FIUs;

      8. conduct peer reviews of the activities of FIUs aimed at strengthening their consistency and effectiveness and identifying best practices;

      9. 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;

      10. develop, share and promote expert knowledge on detection, analysis, and dissemination methods of suspicious transactions;

      11. 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;

      12. 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;

      13. prepare and coordinate assessments and strategic analyses of ML/TF threats, risks and methods identified by FIUs.

    1. 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.

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