Proposal for a Regulation (EU) 2024/… of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (Text with EEA relevance) (COM(2021) 421 final / 2021/0240 (COD)) (Final act signed 31 May 2024)

Final act signed, signed into law 31st May 2024, published in OJ 19th June 2024.

Proposal published (20 Jul '21)

Texts adopted (24 Apr '24)

Legislative acts (15 May '24)

Legislative acts (31 May '24)

Text published to OJ (19 Jun '24)

LEGISLATIVE ACTS AND OTHER INSTRUMENTS

Regulation (EU) 2024/… of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (Text with EEA relevance) (31 May 2024)
Regulation (EU) 2024/… of the European Parliament and of the Council of … establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (Text with EEA relevance) (15 May 2024)
Proposal for a Regulation of the European Parliament and of the Council establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) 1094/2010, (EU) 1095/2010 (Text with EEA relevance) (20 July 2021)

Comparing proposed amendment...


	Explanatory Memorandum
	1. Context of the proposal
	2. Legal basis, subsidiarity and proportionality
	3. Results of ex-post evaluations, stakeholder consultations and impact assessments
	4. Budgetary implications
	5. Other elements
	Proposal for a Regulation of the European Parliament and of the Council establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) 1094/2010, (EU) 1095/2010
Amended	Recitals
	Chapter I Establishment, legal status and definitions (arts. 1-4)
Amended	Article 1 Establishment and scope of action
Amended	Article 2 Definitions
Amended	Article 3 Legal status
Amended	Article 4 Seat
	Chapter II Tasks and powers of the authority (arts. 5-55)
	Section 1 Tasks and powers (arts. 5-6)
Amended	Article 5 Tasks
Amended	Article 6 Powers of the Authority
	Section 2 AML/CFT supervisory system (arts. 7-11)
Amended	Article 7 Cooperation within the AML/CFT supervisory system
Amended	Article 8 AML/CFT supervisory methodology
Amended	Article 9 Thematic reviews
Amended	Article 10 Mutual assistance in the AML/CFT supervisory system
Amended	Article 11 Central AML/CFT database
	Section 3 Direct supervision of selected obliged entities (arts. 12-29)
Amended	Article 12 Assessment of credit institutions and financial institutions for the purposes of selection for direct supervision
Amended	Article 13 The listing of selected obliged entities
Inserted	Article 14 Additional transfer of direct supervision tasks and powers in exceptional circumstances upon the request of a financial supervisor
Amended	Article 15 Cooperation within the AML/CFT supervisory system for the purposes of direct supervision
Amended	Article 16 Joint supervisory teams
Amended	Article 17 Request for information
Amended	Article 18 General investigations
Amended	Article 19 On-site inspections
Amended	Article 20 Authorisation by a judicial authority
Amended	Article 21 Administrative measures
Amended	Article 22 Pecuniary sanctions
Amended	Article 23 Periodic penalty payments
Amended	Article 24 Hearing of persons subject to proceedings
Inserted	Article 25 Publication of administrative measures, pecuniary sanctions and periodic penalty payments
Amended	Article 26 Enforcement of pecuniary sanctions and periodic penalty payments and allocation of the amounts of those sanctions and payments
Amended	Article 27 Procedural rules for taking supervisory measures and imposing pecuniary sanctions and periodic penalty payments
Amended	Article 28 Review by the Court of Justice of the European Union
Amended	Article 29 Language arrangements in direct supervision
	Section 4 Indirect supervision of non-selected obliged entities (arts. 30-34)
Amended	Article 30 Assessments of the state of supervisory convergence
Amended	Article 31 Coordination and facilitation of the work of the AML/CFT supervisory colleges in the financial sector
Amended	Article 32 Requests to act in exceptional circumstances following indications of serious, repeated or systematic breaches
Inserted	Article 33 Settlement of disagreements between financial supervisors in cross-border situations
Inserted	Article 34 Action in cases of systematic failures of supervision
	Section 5 Oversight of the non-financial sector (arts. 35-38)
Amended	Article 35 Peer reviews
Amended	Article 36 Coordination and facilitation of the work of AML/CFT supervisory colleges in the non-financial sector
Inserted	Article 37 Warnings of breaches of Union law by non-financial supervisors and public authorities overseeing self-regulatory bodies
Inserted	Article 38 Settlement of disagreements between non-financial supervisors in cross-border situations
	Section 6 Support and coordination mechanism for FIUs (arts. 39-48)
Deleted	Article 34 Review of the methods, procedures and conduct of the joint analyses
Inserted	Article 39 Cooperation between the Authority and Financial Intelligence Units
Amended	Article 40 Conduct of joint analyses
Inserted	Article 41 Reporting and transmission of the results of joint analyses
Inserted	Article 42 Requests by the Authority for the initiation of a joint analysis
Inserted	Article 43 Review of the methods and procedures for, and conduct of, joint analyses
Amended	Article 44 National FIU delegates
Amended	Article 45 Mutual assistance in the area of cooperation between FIUs
Inserted	Article 46 Mediation between FIUs
Amended	Article 47 FIU.net
Inserted	Article 48 Peer review
	Section 7 Common Instruments (arts. 49-55)
Amended	Article 49 Regulatory technical standards
Amended	Article 50 Exercise of the delegation
Amended	Article 51 Objections to regulatory technical standards
Amended	Article 52 Non-endorsement or amendment of draft regulatory technical standards
Amended	Article 53 Implementing technical standards
Amended	Article 54 Guidelines and recommendations
Amended	Article 55 Opinions and technical advice
	Chapter III Organisation of the authority (arts. 56-75)
Amended	Article 56 Administrative and management structure
	Section 1 General Board (arts. 57-62)
Amended	Article 57 Composition of the General Board
Amended	Article 58 Delegation of tasks and decisions, and internal committees of the General Board
Amended	Article 59 Independence of the General Board
Amended	Article 60 Tasks of the General Board
Amended	Article 61 Voting rules of the General Board
Amended	Article 62 Meetings of the General Board
	Section 2 Executive Board (arts. 63-67)
Amended	Article 63 Composition and appointment of the Executive Board
Amended	Article 64 Tasks of the Executive Board
Amended	Article 65 Annual and multiannual programming
Amended	Article 66 Voting rules of the Executive Board
Inserted	Article 67 Fundamental Rights Officer
	Section 3 The chair of the authority (arts. 68-69)
Amended	Article 68 Appointment of the Chair of the Authority
Amended	Article 69 Responsibilities of the Chair of the Authority
	Section 4 The executive director (arts. 70-71)
Amended	Article 70 Appointment of the Executive Director
Amended	Article 71 Tasks of the Executive Director
	Section 5 Administrative board of review (arts. 72-75)
Amended	Article 72 Establishment and composition of the Administrative Board of Review
Amended	Article 73 Members of the Administrative Board of Review
Amended	Article 74 Decisions subject to review
Amended	Article 75 Exclusion and objection
	Chapter IV Financial Provisions (arts. 76-84)
Amended	Article 76 Budget
Amended	Article 77 Fees levied on selected and non-selected obliged entities
Amended	Article 78 Establishment of the budget
Amended	Article 79 Implementation of the budget
Amended	Article 80 Presentation of accounts and discharge
Amended	Article 81 Financial rules
Amended	Article 82 Anti-fraud measures
Amended	Article 83 IT Security
Amended	Article 84 Accountability and reporting
	Chapter V Staff and cooperation (arts. 85-108)
	Section 1 STAFF (arts. 85-90)
Amended	Article 85 General provision
Amended	Article 86 Privileges and immunities
Inserted	Article 87 Staff of the Authority previously employed by the EBA
Amended	Article 88 Obligation of professional secrecy
Amended	Article 89 Security rules on the protection of classified and sensitive non-classified information
Inserted	Article 90 Reporting of breaches and protection of reporting persons
	Section 2 Cooperation (arts. 91-95)
Amended	Article 91 Cooperation with the European Supervisory Authorities
Amended	Article 92 Cooperation with non-AML/CFT authorities
Amended	Article 93 Partnerships for information sharing in the field of AML/CFT
Amended	Article 94 Cooperation with OLAF, Europol, Eurojust and the EPPO
Amended	Article 95 Cooperation with third countries and international organisations
	Section 3 General and final Provisions (arts. 96-108)
Amended	Article 96 Access to documents
Amended	Article 97 General language arrangements
Amended	Article 98 Data protection
Amended	Article 99 Liability of the Authority
Amended	Article 100 Delegated acts
Amended	Article 101 Headquarters Agreement and operating conditions
Amended	Article 102 Evaluation and review
Amended	Article 103 Amendments to Regulation (EU) No 1093/2010
Amended	Article 104 Amendments to Regulation (EU) No 1094/2010
Amended	Article 105 Amendments to Regulation (EU) No 1095/2010
Inserted	Article 106 Transitional arrangements
Amended	Article 107 Commencement of the Authority’s activities
Amended	Article 108 Entry into force and application
	Legislative financial statement
Inserted	Annex I List of the coefficients linked to aggravating and mitigating factors for the application of Article 22
Inserted	Annex II List of directly applicable requirements referred to in Article 22(3)
	Done at

Presidency Compromise text or Note

Note - Adoption of legislative act - 4029th meeting of the Council of the European Union (Transport, Telecommunications and Energy Council) 30 May 2024, Brussels (30 May 2024)
'I' ITEM Note - Adoption of the legislative act (21 May 2024)
Information Note - Outcome of the European Parliament's first reading (Strasbourg, 22 to 25 April 2024) (8 May 2024)
Texts Adopted (24 April 2024)
Information Note - list of working papers (WK) distributed between 1 July and 31 December 2023 (16 April 2024)
Information Note - Letter to the Chair of the European Parliament Committee on Economic and Monetary Affairs (29 February 2024)
Information Note - Letter to the Chair of the European Parliament Committee on Economic and Monetary Affairs (16 February 2024)
'I' ITEM Note - Confirmation of the final compromise text with a view to agreement (12 February 2024)
Information Note - list of working papers (WK) distributed between 1 January and 30 June 2023 (25 September 2023)
Information Note - Initial positions of the three Institutions prior to commencement of trilogues (15 May 2023)
***I Report (5 April 2023)
Information Note - list of working papers (WK) distributed between 1 July and 31 December 2022 (18 January 2023)
Information Note - list of working papers (WK) distributed between 1 January and 30 June 2022 (12 September 2022)
Note - Mandate for negotiations with the European Parliament (partial) (29 June 2022)
REPORT - Anti-money laundering and countering the financing of terrorism (AML/CFT) – Progress report (7 June 2022)
Opinion 2022/C 210/05 (25 May 2022)
Cover Note - Opinion of the European Central Bank on a proposal for a regulation establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism (‘AMLAR’) (CON/2022/4) (17 February 2022)
Information Note - list of working papers (WK) distributed between 1 July and 31 December 2021 (28 January 2022)
Cover Note - Opinion on the application of the Principles of Subsidiarity and Proportionality (10 January 2022)
Summary of the Opinion of the European Data Protection Supervisor on the anti-money laundering and countering the financing of terrorism (AML/CFT) package of legislative proposals ((2021/C 524/03) (29 December 2021)
Cover Note - Opinion on the application of the Principles of Subsidiarity and Proportionality (22 December 2021)
Cover Note - Opinion of the European Economic and Social Committee (20 December 2021)
Cover Note - Opinion on the application of the Principles of Subsidiarity and Proportionality (10 December 2021)
Cover Note - Opinion on the application of the Principles of Subsidiarity and Proportionality (10 November 2021)
Cover Note - Opinion of the European Data Protection Supervisor on the anti-money laundering and countering the financing of terrorism (AML/CFT) package of legislative proposals (24 September 2021)
Cover Note - Executive summary of Impact assessment (30 July 2021)
Cover Note - Regulatory Scrutiny Board Opinion (30 July 2021)
Cover Note - Impact assessment - Add 2 (10290/21) (22 July 2021)
Cover Note - Impact assessment - ADD 2 (10289/21) (22 July 2021)
Cover Note - Impact assessment - ADD 2 (10287/21) (22 July 2021)
Cover Note - Impact assessment - ADD 2 (10286/21) (22 July 2021)
Cover Note - Proposal (22 July 2021)
Cover Note - Annexes (22 July 2021)

Accompanying document

Annex (20 July 2021)

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