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Version status: Published
Published date: 20 July 2021

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) (COM(2021) 421 final / 2021/0240 (COD)) (Regulation Establishing a new AML/CFT Authority - AMLA) (updated 24 April 2024 with Texts Adopted)

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
Recitals
Chapter I Establishment, legal status and definitions (arts. 1-4)
Article 1 Establishment and scope of action
Article 2 Definitions
Article 3 Legal Status
Article 4 Seat
Chapter II Tasks and powers of the authority (arts. 5-44)
Section 1 Tasks and powers (arts. 5-6)
Article 5 Tasks
Article 6 Powers of the Authority
Section 2 AML/CFT supervisory system (arts. 7-11)
Article 7 Cooperation within the AML/CFT supervisory system
Article 8 AML/CFT supervisory methodology
Article 9 Thematic reviews
Article 10 Mutual assistance in AML/CFT supervisory system
Article 11 Central AML/CFT database
Section 3 Direct supervision of selected obliged entities (arts. 12-27)
Article 12 Assessment of obliged entities for the purposes of selection for direct supervision
Article 13 The process of listing selected obliged entities
Article 14 Cooperation within the AML/CFT supervisory system for the purposes of direct supervision
Article 15 Joint supervisory teams
Article 16 Request for information
Article 17 General investigations
Article 18 On-site inspections
Article 19 Authorisation by a judicial authority
Article 20 Supervisory powers
Article 21 Administrative pecuniary sanctions
Article 22 Periodic penalty payments
Article 23 Hearing of persons subject to proceedings
Article 24 Disclosure, nature, enforcement and allocation of administrative pecuniary sanctions and periodic penalty payments
Article 25 Procedural rules for taking supervisory measures and imposing administrative pecuniary sanctions
Article 26 Review by the Court of Justice of the European Union
Article 27 Language arrangements in direct supervision
Section 4 Indirect supervision of non-selected obliged entities (arts. 28-30)
Article 28 Assessments of the state of supervisory convergence
Article 29 Coordination and facilitation of work of the AML colleges
Article 30 Requests to act in exceptional circumstances
Section 5 Oversight of non-financial sector (arts. 31-32)
Article 31 Peer reviews
Article 32 Powers over supervisory authorities in the non-financial sector
Section 6 FIUs support and coordination mechanism (arts. 33-37)
Article 33 Conduct of joint analyses
Article 34 Review of the methods, procedures and conduct of the joint analyses
Article 35 National FIU delegates
Article 36 Mutual assistance in the area of cooperation between FIUs
Article 37 FIU.net
Section 7 Common Instruments (arts. 38-44)
Article 38 Regulatory technical standards
Article 39 Exercise of the delegation
Article 40 Objections to regulatory technical standards
Article 41 Non-endorsement or amendment of draft regulatory technical standards
Article 42 Implementing technical standards
Article 43 Guidelines and recommendations
Article 44 Opinions
Chapter III Organisation of the authority (arts. 45-63)
Article 45 Administrative and management structure
Section 1 General Board (arts. 46-51)
Article 46 Composition of the General Board
Article 47 Internal committees of the General Board
Article 48 Independence of the General Board
Article 49 Tasks of the General Board
Article 50 Voting rules of the General Board
Article 51 Meetings of the General Board
Section 2 Executive Board (arts. 52-55)
Article 52 Composition and appointment of the Executive Board
Article 53 Tasks of the Executive Board
Article 54 Annual and multiannual programming
Article 55 Voting rules of the Executive Board
Section 3 The chair of the authority (arts. 56-57)
Article 56 Appointment of the Chair of the Authority
Article 57 Responsibilities of the Chair of the Authority
Section 4 The executive director (arts 58-59)
Article 58 Appointment of the Executive Director
Article 59 Tasks of the Executive Director
Section 5 Administrative board of review (arts. 60-63)
Article 60 Creation and Composition of the Administrative Board of Review
Article 61 Members of the Administrative Board of Review
Article 62 Decisions subject to review
Article 63 Exclusion and objection
Chapter IV Financial Provisions (arts. 64-72)
Article 64 Budget
Article 65 Fees levied on selected and non-selected obliged entities
Article 66 Establishment of the budget
Article 67 Implementation of the budget
Article 68 Presentation of accounts and discharge
Article 69 Financial rules
Article 70 Anti-fraud measures
Article 71 IT Security
Article 72 Accountability and reporting
Chapter V General and final provisions (arts. 73-93)
Section 1 STAFF (arts.73-76)
Article 73 General provision
Article 74 Privileges and immunities
Article 75 Obligation of professional secrecy
Article 76 Security rules on the protection of classified and sensitive non-classified information
Section 2 Cooperation (arts. 77-81)
Article 77 Cooperation with European Supervisory Authorities and the European Data Protection Board
Article 78 Cooperation with non-AML/CFT authorities
Article 79 Cooperation in the context of public-private partnerships (PPPs)
Article 80 Cooperation with OLAF, Europol, Eurojust and the EPPO
Article 81 Cooperation with third countries and international organisations
Section 3 General and final Provisions (arts. 82-93)
Article 82 Access to documents
Article 83 General language arrangements
Article 84 Data protection
Article 85 Liability of the Authority
Article 86 Delegated acts
Article 87 Headquarters Agreement and operating conditions
Article 88 Evaluation and review
Article 89 Amendments to Regulation (EU) No 1093/2010
Article 90 Amendments to Regulation (EU) No 1094/2010
Article 91 Amendments to Regulation (EU) No 1095/2010
Article 92 Commencement of the Authority’s activities
Article 93 Entry into force and application
Legislative financial statement
Done at
Presidency Compromise text or Note
Accompanying document