Source: OJ L, 2024/1620, 19.6.2024

Current language: EN

Article 92 Cooperation with non-AML/CFT authorities


    1. The Authority shall cooperate and exchange information with non-AML/CFT authoritiesmeans:a competent authority as defined in Article 4(1), point (40), of Regulation (EU) No 575/2013 of the European Parliament and of the Council(27) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).;Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).the European Central Bank (ECB), when it carries out the tasks conferred on it by Regulation (EU) No 1024/2013;a resolution authority designated in accordance with Article 3 of Directive 2014/59/EU;a designated authority as defined in Article 2(1), point (18), of Directive 2014/49/EU;a competent authority as defined in Article 3(1), point (35), of Regulation (EU) 2023/1114. and, on a need-to-know and confidential basis, with other national authorities and bodies competent for ensuring compliance with Directives 2009/110/EC, 2009/138/EC, 2014/17/EU, 2014/65/EU and (EU) 2015/2366, and with the ESAs, within the boundaries of their respective mandates.

    1. The Authority shall conclude a memorandum of understanding with the prudential authorities as defined in Article 4(1), point (40), of Regulation (EU) No 575/2013, the ESAs and the other national authorities competent for ensuring compliance with Regulation (EU) 2023/1114, setting out in general terms how they will cooperate and exchange information in the performance of their supervisory tasks under Union law in relation to selected and non-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, other than a selected obliged entity;.

    2. Where it deems it necessary, the Authority may also conclude a memorandum of understanding with any of the other authorities or bodies referred to in paragraph 1 setting out in general terms how they will cooperate and exchange information in the performance of their supervisory tasks under Union law in relation to selected and non-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, other than a selected obliged entity;.

    1. By 27 June 2025, the Authority and the ECB shall conclude a memorandum of understanding setting out the practical modalities for cooperation and for exchanging information in the performance of their respective tasks under Union law.

    1. The Authority shall ensure effective cooperation and information exchange between 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; in the AML/CFT supervisory systemmeans the Authority and the supervisory authorities in Member States; and the relevant authorities and bodies referred to in paragraph 1, including with regard to access to any information and data in the central AML/CFT database referred to in Article 11.

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