Source: OJ L, 2024/1640, 19.6.2024

Current language: EN

Article 2 Definitions


Summary What does Article 2 of the Sixth anti-money laundering (AML 6) directive say?

This is a definitions article that establishes the terminology used throughout the Directive.

It operates in two layers: first, it incorporates by reference all definitions already set out in Article 2(1) of Regulation (EU) 2024/1624, and then adds a supplementary set of definitions specific to this Directive.

The additional terms defined here are largely structural and supervisory in nature, covering distinctions between financial and non-financial supervisors, the concepts of home and host Member States, and key institutional constructs such as AML/CFT supervisory colleges.

Several definitions cross-reference other EU legal acts, anchoring the terms firmly within the broader EU regulatory framework.

Important points:

  • All definitions from Regulation (EU) 2024/1624 apply to this Directive, making that regulation a necessary reference point for understanding this act.
  • The article draws a clear distinction between financial supervisors, who oversee credit and financial institutions, and non-financial supervisors, who oversee the non-financial sector as listed in Regulation (EU) 2024/1624.
  • The home and host Member State definitions are foundational to understanding supervisory jurisdiction over obliged entities operating across borders, which is a central theme of this Directive.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

  1. For the purposes of this Directive, the definitions set out in Article 2(1) of Regulation (EU) 2024/1624 apply.

  2. The following definitions also apply:

    1. financial supervisor’ means a supervisor in charge of credit institutions and financial institutions;

    2. non-financial supervisor’ means a supervisor in charge of the non-financial sector;

    3. non-financial sector’ means the obliged entities listed in Article 3, point (3), of Regulation (EU) 2024/1624;

    4. obliged entity’ means a natural or legal person listed in Article 3 of Regulation (EU) 2024/1624 that is not exempted in accordance with Article 4, 5, 6 or 7 of that Regulation;

    5. home Member State’ means the Member State where the registered office of the obliged entity is located or, if the obliged entity has no registered office, the Member State in which its head office is located;

    6. host Member State’ means a Member State, other than the home Member State, in which the obliged entity operates an establishment, such as a subsidiary or a branch, or where the obliged entity operates under the freedom to provide services through an infrastructure;

    7. customs authorities’ means the customs authorities as defined in Article 5, point (1), of Regulation (EU) No 952/2013 of the European Parliament and of the Council(34) and the competent authorities as defined in Article 2(1), point (g), of Regulation (EU) 2018/1672 of the European Parliament and of the Council(35);

    8. AML/CFT supervisory college’ means a permanent structure for cooperation and information sharing for the purposes of supervising a group or an entity that operates in a host Member State or third country;

    9. draft national measure’ means the text of an act, whichever its form, which, once enacted, will have legal effect, the text being at a stage of preparation at which substantial amendments can still be made;

    10. securities account’ means a securities account as defined in Article 2(1), point (28), of Regulation (EU) No 909/2014 of the European Parliament and of the Council(36);

    11. securities’ means financial instruments as defined in Article 4(1), point (15), of Directive 2014/65/EU of the European Parliament and of the Council(37).

We're continuously improving our platform to serve you better.

Your feedback matters! Let us know how we can improve.

Found a bug?

Springflod is a Swedish boutique consultancy firm specialising in cyber security within the financial services sector.

We offer professional services concerning information security governance, risk and compliance.

Crafted with ❤️ by Springflod