Art. 85 Exercise of the delegation | Anti-money laundering regulation (AMLR) | AML

This is a procedural governance article that grants the Commission the power to adopt delegated acts in relation to several other articles across the regulation, covering areas such as high-risk third countries, enhanced due diligence, politically exposed persons, beneficial ownership thresholds, and penalties.

The article sets out the full framework governing how that delegation operates, including its duration, how it can be revoked by the European Parliament or Council, the consultation requirements prior to adoption, and the objection periods that apply before a delegated act can enter into force.

Important points:

The Commission is granted the power to adopt delegated acts across a defined list of articles, with that power running from 9 July 2024 for an indeterminate period.
The European Parliament and the Council may revoke the delegation at any time, and any revocation does not affect the validity of delegated acts already in force.
Two different objection windows apply depending on the subject matter: 1 month for delegated acts related to third-country risk and enhanced due diligence, and 3 months for those related to politically exposed persons, beneficial ownership thresholds, and penalties.

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
1. The power to adopt delegated acts referred to in Articles 29, 30, 31, 34, 43, 52 and 68 shall be conferred on the Commission for an indeterminate period of time from 9 July 2024.
1. The delegation of power referred to in Articles 29, 30, 31, 34, 43, 52 and 68 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
1. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
1. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
1. A delegated act adopted pursuant to Article 29, 30, 31 or 34 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 1 month of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 1 month at the initiative of the European Parliament or of the Council.
1. A delegated act adopted pursuant to Article 43, 52 or 68 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 3 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 3 months at the initiative of the European Parliament or of the Council.