Art. 3 Criteria for identifying linked transactions | RTS on criteria for business relationships and occasional transactions | AML

1. Obliged entities shall, for the purpose of identifying linked transactionsmeans two or more transactions with either identical or similar origin, destination and purpose, or other relevant characteristics, over a specific period;, at least take into account the following criteria:
  1. when considering the elements of identical or similar origin and destination included in the definition of linked transactionsmeans two or more transactions with either identical or similar origin, destination and purpose, or other relevant characteristics, over a specific period;, transactions performed or received by the same natural or legal person.
  2. when considering the elements of identical or similar origin and destination included in the definition of linked transactionsmeans two or more transactions with either identical or similar origin, destination and purpose, or other relevant characteristics, over a specific period;, based on information available to the obliged entity:
    customers are family membersmeans:a spouse, or a person in a registered partnership or civil union or in a similar arrangement;a child and a spouse of, or a person in a registered partnership or civil union or in a similar arrangement with, that child;a parent;for the functions referred to in point (34)(a)(i) and equivalent functions at Union level or in a third country, a sibling;;
    customers are business partners;
    customers are operating in concert;
    customers are subsidiaries or beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; of the same parent undertakingmeans:for groups whose head office is located in the Union, an obliged entity that is a parent undertaking as defined in Article 2, point (9), of Directive 2013/34/EU that is not itself a subsidiary of another undertaking in the Union, provided that at least one subsidiary undertaking is an obliged entity;for groups whose head office is located outside of the Union, where at least two subsidiary undertakings are obliged entities established in the Union, an undertaking within that group established in the Union that:is an obliged entity;is an undertaking that is not a subsidiary of another undertaking that is an obliged entity established in the Union;has a sufficient prominence within the group and a sufficient understanding of the operations of the group that are subject to the requirements of this Regulation; andis given the responsibility of implementing group-wide requirements under Chapter II, Section 2 of this Regulation;;
    use of the same digital infrastructure;
    use of common intermediaries or service providers facilitating transactions.
  3. when considering the element of identical or similar purpose included in the definition of linked transactionsmeans two or more transactions with either identical or similar origin, destination and purpose, or other relevant characteristics, over a specific period;, based on information available to the obliged entity, transactions pertaining to the same purchase.
  4. when considering the element of other relevant characteristics included in the definition of linked transactionsmeans two or more transactions with either identical or similar origin, destination and purpose, or other relevant characteristics, over a specific period;:
    based on information available to the obliged entity, transactions share common characteristics;
    transactions with an identical or similar origin and destination according to the definition of linked transactionsmeans two or more transactions with either identical or similar origin, destination and purpose, or other relevant characteristics, over a specific period;, performed at different establishmentsmeans the actual pursuit by an obliged entity of an economic activity covered by Article 3 in a Member State or third country other than the country where its head office is located for an indefinite period and through a stable infrastructure, including:a branch or subsidiary;in the case of credit institutions and financial institutions, an infrastructure qualifying as an establishment under prudential regulation; or through a network of agents or distributors;
    transactions with an identical or similar origin according to the definition of linked transactionsmeans two or more transactions with either identical or similar origin, destination and purpose, or other relevant characteristics, over a specific period;, performed within a loyalty program;
    completion of a transaction that depends on the prior completion of one or multiple transactions, all of which are handled by the same obliged entity.
  5. when considering the element of a specific period included in the definition of linked transactionsmeans two or more transactions with either identical or similar origin, destination and purpose, or other relevant characteristics, over a specific period;, transactions performed within a short timeframe, depending on the nature of the business, including its risks and complexity and the size of the obliged entity.
1. By way of derogation from paragraph 1, point (e), financial institutionsmeans:an undertaking other than a credit institution or an investment firm, which carries out one or more of the activities listed in points (2) to (12), (14) and (15) of Annex I to Directive 2013/36/EU of the European Parliament and of the Council(32) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338)., including the activities of currency exchange offices (bureaux de change), but excluding the activities referred to in point (8) of Annex I to Directive (EU) 2015/2366, or an undertaking the principal activity of which is to acquire holdings, including a financial holding company, a mixed financial holding company and a financial mixed activity holding company;Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).an insurance undertaking as defined in Article 13, point (1), of Directive 2009/138/EC of the European Parliament and of the Council(33) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1)., insofar as it carries out life or other investment-related assurance activities covered by that Directive, including insurance holding companies and mixed-activity insurance holding companies as defined, respectively, in Article 212(1), points (f) and (g), of Directive 2009/138/EC;Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).an insurance intermediary as defined in Article 2(1), point (3), of Directive (EU) 2016/97 where it acts with respect to life insurance and other investment-related insurance services, with the exception of an insurance intermediary that does not collect premiums or amounts intended for the customer and which acts under the responsibility of one or more insurance undertakings or intermediaries for the products which concern them respectively;an investment firm as defined in Article 4(1), point (1), of Directive 2014/65/EU of the European Parliament and of the Council(34) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).;Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).a collective investment undertaking, in particular:an undertaking for collective investment in transferable securities (UCITS) as defined in Article 1(2) of Directive 2009/65/EC and its management company as defined in Article 2(1), point (b), of that Directive or an investment company authorised in accordance with that Directive and which has not designated a management company, that makes available for purchase units of UCITS in the Union;an alternative investment fund as defined in Article 4(1), point (a), of Directive 2011/61/EU and its alternative investment fund manager as defined in Article 4(1), point (b), of that Directive that fall within the scope set out in Article 2 of that Directive;a central securities depository as defined in Article 2(1), point (1), of Regulation (EU) No 909/2014 of the European Parliament and of the Council(35) Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1).;Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1).a creditor as defined in Article 4, point (2), of Directive 2014/17/EU of the European Parliament and of the Council(36) Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). and in Article 3, point (b), of Directive 2008/48/EC of the European Parliament and of the Council(37) Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).;Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34).Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).a credit intermediary as defined in Article 4, point (5), of Directive 2014/17/EU and in Article 3, point (f), of Directive 2008/48/EC, when holding the funds as defined in Article 4, point (25), of Directive (EU) 2015/2366 in connection with the credit agreement, with the exception of the credit intermediary carrying out activities under the responsibility of one or more creditors or credit intermediaries;a crypto-asset service provider;a branch of a financial institution referred to in points (a) to (i), when located in the Union, whether its head office is located in a Member State or in a third country; carrying out the activities of currency exchange offices as defined in Article 2(6), point (a) or Regulation (EU) 2024/1624, obliged entities engaged in the activity of money remittance as defined in Article 4, point (22) of Directive (EU) 2015/2366 and obliged entities providing the services as set out in Article 3(1), points (16) (c), and (d) and (j) of Regulation (EU) 2023/1114, shall for the purpose of identifying linked transactionsmeans two or more transactions with either identical or similar origin, destination and purpose, or other relevant characteristics, over a specific period;, at least take into account the criterion of a rolling period of one month, when considering the element of a specific period included in the definition of linked transactionsmeans two or more transactions with either identical or similar origin, destination and purpose, or other relevant characteristics, over a specific period;.
1. In addition to the criteria set out in paragraph 1, point (c), providers of gambling servicesmeans a service which involves wagering a stake with monetary value in games of chance, including those with an element of skill, such as lotteries, casino games, poker games and betting transactions that are provided at a physical location, or by any means at a distance, by electronic means or any other technology for facilitating communication, and at the individual request of a recipient of services; shall, for the purpose of identifying linked transactionsmeans two or more transactions with either identical or similar origin, destination and purpose, or other relevant characteristics, over a specific period;, take into account the criterion of games provided by the same provider when considering the element of identical or similar purpose included in the definition of linked transactionsmeans two or more transactions with either identical or similar origin, destination and purpose, or other relevant characteristics, over a specific period;.