Source: OJ L, 2024/1620, 19.6.2024

Current language: EN

Article 41 Reporting and transmission of the results of joint analyses


    1. Where the results of a joint analysis indicate that there are reasonable grounds to suspect that money launderingmeans the conduct set out in Article 3, paragraphs 1 and 5, of Directive (EU) 2018/1673 including aiding and abetting, inciting and attempting to commit that conduct, whether the activities which generated the property to be laundered were carried out on the territory of a Member State or on that of a third country; knowledge, intent or purpose required as an element of that conduct may be inferred from objective factual circumstances; or other criminal activitiesmeans criminal activity as defined in Article 2, point (1), of Directive (EU) 2018/1673, as well as fraud affecting the Union’s financial interests as defined in Article 3(2) of Directive (EU) 2017/1371, passive and active corruption as defined in Article 4 (2) and misappropriation as defined in Article 4(3), second subparagraph, of that Directive; are being or have been committed in respect of which the EPPO could exercise its competence in accordance with Article 22 and Article 25(2) and (3) of Regulation (EU) 2017/1939, the Authority shall report without undue delay the results of the joint analysis and any additional relevant information to the EPPO.

    1. The Authority shall, in consultation with the EPPO, develop draft implementing technical standards to specify the format to be used by the Authority for the reporting of information to the EPPO.

    2. The Authority shall submit those draft implementing technical standards to the Commission by 27 June 2026.

    3. The Commission is empowered to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 53.

    1. Where the results of the joint analysis indicate that there are reasonable grounds to suspect that fraud, corruption or any other illegal activity affecting the financial interests of the Union is being or has been committed in respect of which the European Anti-Fraud Office (OLAF) could exercise its competence in accordance with Article 8 of Regulation (EU, Euratom) No 883/2013, the Authority shall transmit the results of the joint analysis and any additional relevant information to OLAF.

    1. Upon the express consent of all FIUs participating in the joint analysis and where the results of the joint analysis indicate that there are reasonable grounds to suspect that a criminal offence has been committed in respect of which Europol could exercise its competence in accordance with Regulation (EU) 2016/794 of the European Parliament and of the Council(38)Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53)., the Authority shall transmit the results of the joint analysis and any additional relevant information to Europol.

    1. Upon the express consent of all FIUs participating in the joint analysis, and where the results of the joint analysis indicate that there are reasonable grounds to suspect that a criminal offence has been committed in respect of which Eurojust could exercise its competence in accordance with Regulation (EU) 2018/1727 of the European Parliament and of the Council(39)Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138)., the Authority shall transmit the results of the joint analysis and any additional relevant information to Eurojust.

    1. The Authority, the EPPO, Europol, Eurojust and OLAF may exchange strategic and other non-operational information, such as typologies and risk indicators, in the areas within their competence.

    2. The conditions for the exchange of the information referred to in the first subparagraph shall be laid down in the working arrangements referred to in Article 94.

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