Art. 7 Prior notification of exemptions | Anti-money laundering regulation (AMLR) | AML

This article establishes the procedural framework that governs how Member States must seek Commission approval before granting exemptions under Articles 4, 5, and 6.

It creates a notification and review mechanism whereby the Commission acts as a gatekeeper, with the power to either confirm or block a proposed exemption within a defined timeframe.

The article also addresses transparency by requiring the Commission to publish a yearly list of all granted exemptions.

Important points:

Member States are required to notify the Commission of any intended exemption, supported by a risk assessment justification, before it can be granted.
The Commission has 2 months to either confirm or reject the exemption by reasoned decision, and may request additional information during this period.
The Commission is required to publish an annual list of all granted exemptions in the Official Journal of the European Union and on its website.

1. Member States shall notify the Commission of any exemption that they intend to grant in accordance with Articles 4, 5 and 6 without delay. The notification shall include a justification based on the relevant risk assessment carried out by the Member State to sustain the exemption.
1. The Commission shall within 2 months of the notification referred to in paragraph 1 take one of the following actions:
  1. confirm that the exemption may be granted on the basis of the justification given by the Member State;
  2. by reasoned decision, declare that the exemption may not be granted.
2. For the purposes of the first subparagraph, the Commission may request additional information from the notifying Member State.
1. Upon receipt of a confirmation by the Commission pursuant to paragraph 2, point (a), of this Article, Member States may adopt a decision granting the exemption. The decision shall state the reasons on which it is based. Member States shall review such decisions regularly, and in any case when they update their national risk assessment pursuant to Article 8 of Directive (EU) 2024/1640.
1. By 10 October 2027, Member States shall notify to the Commission the exemptions granted pursuant to Article 2(2) and (3) of Directive (EU) 2015/849 in place on 10 July 2027.
1. The Commission shall publish every year in the Official Journal of the European Union the list of exemptions granted pursuant to this Article and make that list publicly available on its website.