Source: OJ L, 2024/1620, 19.6.2024

Current language: EN

Article 36 Coordination and facilitation of the work of AML/CFT supervisory colleges in the non-financial sector


Summary What does Article 36 of the Anti-money laundering authority regulation (AMLAR) say?

This article is the non-financial sector counterpart to Article 31, which covers AML/CFT supervisory colleges in the financial sector.

Here, the Authority is given a supporting and facilitative role in the setting up and functioning of supervisory colleges for non-financial obliged entities that operate across multiple Member States.

Crucially, the Authority acts in an assistive capacity alongside the relevant non-financial supervisors, whose own powers under Directive (EU) 2024/1640 are explicitly preserved.

The article enumerates a range of tools available to the Authority, from suggesting the creation of a college where none exists, to mediating between supervisors and facilitating joint inspections.

Important points:

  • The Authority is granted full participation rights in AML/CFT supervisory colleges in the non-financial sector, but its broader involvement in joint activities requires the agreement of the non-financial supervisors concerned.
  • The Authority can suggest the establishment of a new supervisory college where it considers that an obliged entity's ML/TF risk exposure and cross-border activity justify one.
  • The Authority's staff participation in on-site inspections excludes certain categories of obliged entities, specifically those covered by Article 3, point (3)(a) and (b), of Regulation (EU) 2024/1624.

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

    1. The Authority shall, within the scope of its powers and without prejudice to the powers of the relevant non-financial supervisors pursuant to Article 50 of Directive (EU) 2024/1640, assist in the setting up and functioning of AML/CFT supervisory colleges in the non-financial sector for obliged entities in the non-financial sector operating establishments in several Member States in accordance with that Article.

    1. For the purposes of paragraph 1, the Authority may:

      1. suggest the establishment of a college where no such college has been established even though the Authority considers that the ML/TF risk exposure of the obliged entity and the scale of its cross-border activities justify the establishment of a college, and the convocation and organisation of college meetings;

      2. assist in the organisation of college meetings and in the assessment of whether the conditions for the participation of third-country supervisors in the college are met, where requested by the relevant non-financial supervisors;

      3. assist in the organisation of joint supervisory plans and joint on-site inspections or off-site investigations;

      4. assist the non-financial supervisors in the collection and sharing of all relevant information in order to facilitate the work of the college and make such information accessible to the supervisors in the college;

      5. promote effective and efficient supervisory activities and practices, including evaluating the risks to which obliged entities in the non-financial sector are or might be exposed;

      6. provide assistance to non-financial supervisors, upon their specific requests, including requests to mediate between non-financial supervisors in the situations covered by Article 50(2) and (3) of Directive (EU) 2024/1640.

    1. For the purposes of paragraph 1, the staff of the Authority shall have full participation rights in AML/CFT supervisory colleges. Upon the agreement of the non-financial supervisors concerned, the staff of the Authority shall be able to participate in the activities of the college carried out jointly by two or more non-financial supervisors, including on-site inspections of obliged entities in the non-financial sector, except those covered by Article 3, point (3)(a) and (b), of Regulation (EU) 2024/1624.

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