Source: OJ L, 2024/1620, 19.6.2024
Current language: EN
- Anti-money laundering
Basic legislative acts
- Anti-money laundering authority (AMLA) regulation
Article 9 Thematic reviews
No later than 1 December each year, supervisory authoritiesmeans a supervisor who is a public body, or the public authority overseeing self-regulatory bodies in their performance of supervisory functions pursuant to Article 37 of Directive (EU) 2024/1640, or AMLA when acting as a supervisor; shall provide information to the Authority on supervisory reviews which they intend to carry out, on a thematic basis, during the following year or supervisory term and which aim to assess ML/TF risks or a specific aspect of such risks to which multiple obliged entities are exposed at the same time. The following information shall be provided:
the scope of each planned thematic review in terms of category and number of obliged entities included and the subject matter of the review;
the timeframe of each planned thematic review;
the planned types, nature and frequency of supervisory activities to be performed in relation to each thematic review, including any on-site inspections or other types of direct interaction with obliged entities, where applicable.
By the end of each year, the Chair of the Authority shall present to the General Board in supervisory composition as referred to in Article 57(2) a consolidated planning of the thematic reviews that supervisory authoritiesmeans a supervisor who is a public body, or the public authority overseeing self-regulatory bodies in their performance of supervisory functions pursuant to Article 37 of Directive (EU) 2024/1640, or AMLA when acting as a supervisor; intend to carry out during the following year.
Where the scope and Union-wide relevance of thematic reviews justify coordination at Union level, they shall be carried out jointly by the relevant supervisory authoritiesmeans a supervisor who is a public body, or the public authority overseeing self-regulatory bodies in their performance of supervisory functions pursuant to Article 37 of Directive (EU) 2024/1640, or AMLA when acting as a supervisor; and shall be coordinated by the Authority. The Executive Board may propose joint thematic reviews based on the available analyses of threats, vulnerabilities and risks in the internal market. The General Board in supervisory composition shall draw up a list of joint thematic reviews. The General Board in supervisory composition shall draw up a report relating to the conduct, subject matter and outcome of each joint thematic review. The Authority shall publish that report on its website.
The Authority shall coordinate the activities of the supervisory authoritiesmeans a supervisor who is a public body, or the public authority overseeing self-regulatory bodies in their performance of supervisory functions pursuant to Article 37 of Directive (EU) 2024/1640, or AMLA when acting as a supervisor; and facilitate the planning and execution of the joint thematic reviews referred to in paragraph 3. Any direct interaction with obliged entities other than the selected obliged entitiesmeans a credit institution, a financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union in accordance with applicable accounting standards, which is under direct supervision by the Authority pursuant to Article 13; in the context of any thematic review shall remain under the exclusive responsibility of the supervisory authoritymeans a supervisor who is a public body, or the public authority overseeing self-regulatory bodies in their performance of supervisory functions pursuant to Article 37 of Directive (EU) 2024/1640, or AMLA when acting as a supervisor; responsible for supervision of those obliged entities and shall not be construed as a transfer of tasks and powers related to those entities within the AML/CFT supervisory systemmeans the Authority and the supervisory authorities in Member States;.
Where planned thematic reviews at national level are not subject to a coordinated approach at the level of the Union, the Authority shall, jointly with the supervisory authoritiesmeans a supervisor who is a public body, or the public authority overseeing self-regulatory bodies in their performance of supervisory functions pursuant to Article 37 of Directive (EU) 2024/1640, or AMLA when acting as a supervisor;, explore the need for and the possibility of aligning or synchronising the timeframe of those thematic reviews, and shall facilitate information exchange and mutual assistance between supervisory authoritiesmeans a supervisor who is a public body, or the public authority overseeing self-regulatory bodies in their performance of supervisory functions pursuant to Article 37 of Directive (EU) 2024/1640, or AMLA when acting as a supervisor; carrying out those thematic reviews. The Authority shall also facilitate any activities that the relevant supervisory authoritiesmeans a supervisor who is a public body, or the public authority overseeing self-regulatory bodies in their performance of supervisory functions pursuant to Article 37 of Directive (EU) 2024/1640, or AMLA when acting as a supervisor; may wish to carry out jointly or in a similar manner in the context of their respective thematic reviews.
The Authority shall ensure that the outcomes and conclusions of the thematic reviews conducted at national level by several supervisory authoritiesmeans a supervisor who is a public body, or the public authority overseeing self-regulatory bodies in their performance of supervisory functions pursuant to Article 37 of Directive (EU) 2024/1640, or AMLA when acting as a supervisor; are shared with all supervisory authoritiesmeans a supervisor who is a public body, or the public authority overseeing self-regulatory bodies in their performance of supervisory functions pursuant to Article 37 of Directive (EU) 2024/1640, or AMLA when acting as a supervisor;, with the exception of confidential information pertaining to individual obliged entities. Such sharing of information shall include any common conclusions resulting from exchanges of information or from joint or coordinated activities involving several supervisory authoritiesmeans a supervisor who is a public body, or the public authority overseeing self-regulatory bodies in their performance of supervisory functions pursuant to Article 37 of Directive (EU) 2024/1640, or AMLA when acting as a supervisor;.
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