Source: OJ L, 2024/1620, 19.6.2024

Current language: EN

Article 106 Transitional arrangements


Summary What does Article 106 of the Anti-money laundering authority regulation (AMLAR) say?

This is a transitional provisions article that modifies or defers the application of several substantive rules during the Authority's initial operational phase.

It acts as a set of explicit derogations from Articles 11, 13 and 48, tempering their full application to ease the Authority and relevant entities into the new regime.

The core themes are: a phased rollout of the central database requirements, a cap and tiebreaker mechanism for the first selection of directly supervised entities, and a softened approach to FIU peer review participation at the outset.

Important points:

  • The central AML/CFT database under Article 11 applies only to financial supervisors, credit institutions and financial institutions until 27 June 2028; non-financial sector supervisory authorities may comply voluntarily before that date.
  • The Authority is required to conclude a bilateral agreement with the EBA for joint access, financing and management of the existing AML/CFT database, with that arrangement running until no later than 30 June 2027.
  • During the first selection process, the hard cap of 40 directly supervised entities applies with a specific tiebreaker based on the volume of transactions with third countries, and the additional per-Member State selection process under Article 13(3) does not apply; separately, FIU participation in peer reviews is voluntary for the first two peer review processes.

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

    1. Until 27 June 2028, Article 11 shall only apply to financial supervisors, credit institutions and financial institutions. However, supervisory authorities in the non-financial sector may on a voluntary basis already comply with the requirements of that Article before that date.

    2. For the purposes of establishing and maintaining the database referred to in Article 11, the Authority shall conclude a bilateral agreement with the EBA on access to, as well as the financing and the joint management of, the AML/CFT database established in accordance with Article 9a of Regulation (EU) No 1093/2010. The arrangement shall be established for a mutually agreed period, which may be extended until no later than 30 June 2027. During that period, the EBA shall at least be able to continue receiving information, analysing it and making it available in accordance with Article 9a(2) of Regulation (EU) No 1093/2010 or in accordance with this Regulation, on behalf of the Authority and based on the financing made available by the Authority for that purpose.

    1. By way of derogation from Article 13(2), where, during the first selection process, more than 40 obliged entities would qualify for direct supervision pursuant to Article 13(1), the Authority shall carry out the tasks listed in Article 5(2) in respect of the 40 obliged entities or groups operating in the highest number of Member States whether through establishments or under the freedom to provide services.

    2. Where the application of the criterion referred to in the first subparagraph of this paragraph yields more than 40 obliged entities or groups, the Authority shall select, from the obliged entities or groups that would be selected in accordance with the first subparagraph of this paragraph and that operate in the smallest number of Member States, those which have the highest ratio of the volume of transactions with third countries to the total volume of transactions measured in the last financial year.

    1. By way of derogation from Article 13(3), the additional selection process set out therein shall not apply during the first selection process.

    1. By way of derogation from Article 48(7), the participation of FIUs in peer reviews shall be voluntary during the first two peer review processes.

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