Source: AMLA final report draft
- Anti-money laundering
AML 6 directive supplemental acts
- RTS on pecuniary sanctions and administrative measures
Article 8 Decision on periodic penalty payments
This is a draft act
This text has been parsed from the AMLA final report draft as published on 8 July 2026. While we run a suite of validations, the automated parsing can result in errors. Also, before it is finally adopted by the Commission, its wording, numbering and references may change, and entire articles might be removed or added.
Earlier drafts: AMLA consultation paper draft (9 February 2026)
Summary What does Article 8 of the RTS on pecuniary sanctions and administrative measures say?
This article governs how supervisors must structure and justify their decisions when imposing periodic penalty payments.
It builds directly on Article 7, which establishes the right to be heard before such a decision is made, and reinforces that procedural safeguard by requiring that any decision be based only on facts the concerned party has had the opportunity to respond to.
Beyond procedural fairness, the article sets out the minimum content a decision must contain and the factors supervisors must weigh when calculating the final amount of the penalty.
Important points:
- Supervisors are required to base periodic penalty payment decisions solely on facts that the concerned natural or legal person has had a prior opportunity to address.
- Supervisors must ensure every decision includes, at minimum, the legal basis, the reasoning behind it, and the amount used to calculate the final accrued penalty.
- Supervisors must account for a defined set of factors when determining the penalty amount, including the nature of the non-compliance, reasons for it, third-party losses, benefits derived, and the financial strength of the person concerned — but only where these were established at the time the original administrative measure was imposed.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
The decision on the imposition of periodic penalty payments shall be based only on facts on which the natural person or legal person concerned has had an opportunity to exercise its right to be heard.
A decision on the imposition of a periodic penalty payment pursuant to Article 57 of Directive (EU) 2024/1640 shall at least indicate the legal basis, the reasons for the decision and the amount that will be used for the calculation of the final accrued amount of the periodic penalty payment.
When deciding on the amount that will be used for the calculation of the final accrued amount of the periodic penalty payment, the supervisor shall take into account all of the following factors:
the type and the object of the applicable administrative measure that has not been complied with;
reasons for the non-compliance with the applicable administrative measure;
the losses to third parties caused by the non-compliance with the applicable administrative measure, provided they were determined when the applicable administrative measure was imposed;
the benefit derived from the non-compliance with the applicable administrative measure, provided they were determined when the applicable administrative measure was imposed;
the financial strength of the natural person or legal person concerned, provided this was determined when the applicable administrative measure was imposed.
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.
Definition
supervisor