Art. 9 Working arrangements | ITS on cooperation for the purposes of direct supervision | AML

1. If a change in competence between the Authority and 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; is to take place pursuant to Article 13(4) or (6) of Regulation (EU) 2024/1620, the Authority and 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; shall, upon the publication of the list referred to in Article 13(4) of that Regulation, liaise without undue delay for the purpose of organising the transfer of supervisory tasks and powers and of setting up or disbanding the joint supervisory team. The Authority and the 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; shall agree on the timeline for initiating the inventory and the secure transfer, by the authority whose competence is to end (‘authority whose competence ends’), of the relevant information it possesses, to the authority which is to become competent (‘authority assuming supervision’) and which are necessary for the carrying out of the supervisory tasks and powers conferred on that authority by Regulation (EU) 2024/1620 or Directive (EU) 2024/1640 and other applicable Union law.
2. The information to be transferred shall cover a minimum period of three years prior to the publication of the list referred to in Article 13(4) of Regulation (EU) 2024/1620, and may be extended to include information on the relevant obliged entity covering a longer period, if deemed necessary for the purpose of supervision by the authority whose competence ends or the authority assuming supervision. To that end, the authority assuming supervision and the authority whose competence ends shall collaborate with one another and proactively provide the other party with relevant information enabling the identification of cases where information covering longer periods of time shall be transferred.
3. By way of derogation from the previous subparagraph, where the obliged entity subject to a change of supervisory competence has been operating or where the authority whose competence ends has been the financial supervisormeans 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 a shorter timeframe, the information to be transferred shall cover the entire period.
1. The authority whose competence ends and the authority assuming supervision shall cooperate and provide mutual support during the transfer period to facilitate a seamless transition and ensure effective supervision of the obliged entity on a continuous basis.
1. The authority whose competence ends shall establish and, over the course and up to the completion of the transfer of supervisory tasks and powers, maintain the inventory of the relevant information referred to in paragraph 1, second subparagraph. That inventory shall be comprehensive, in writing, and may include descriptions of each item transferred, including the nature, scope, format of the information transferred, the date of transfer and the means by which the transfer is executed.
1. The Authority and 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; shall be responsible for identifying discrepancies or issues identified in the inventory referred to in paragraph 1, second subparagraph to safeguard the integrity and completeness of the information necessary for effective supervision.
2. Whenever discrepancies or issues are identified, the authority whose competence ends shall resolve them without undue delay.
1. The Authority shall develop and make available a standardised template to be utilised for the inventory referred to in paragraph 1, second subparagraph.