Source: AMLA final report draft
- Anti-money laundering
AML 6 directive supplemental acts
- RTS on home-host supervisory cooperation
Article 7 Inquiries
This is a draft act
This text has been parsed from the AMLA final report draft as published on 1 October 2026. While we run a suite of validations, the automated parsing can result in errors. Also, before it is finally adopted by the Commission, its wording, numbering and references may change, and entire articles might be removed or added.
Summary What does Article 7 of the RTS on home-host supervisory cooperation say?
This article governs how supervisors must coordinate when conducting cross-border inquiries into establishments that form part of a group.
It builds directly on the general cooperation framework established in Article 1 and draws on the request procedure outlined in Article 3, applying those principles specifically to the inquiry context.
The article maps out the full lifecycle of a cooperative inquiry, from pre-inquiry arrangements and advance notification, through the conduct of the inquiry itself, to a post-inquiry exchange of views and, where needed, coordinated follow-up action.
A key feature is the flexibility it provides: the requested supervisor can either conduct the inquiry on behalf of the requesting supervisor or facilitate the requesting supervisor carrying it out directly.
Important points:
- Supervisors must agree on specific arrangements, covering at minimum contact means and information exchange modalities, before conducting any group-related inquiry.
- The requested supervisor is required to either conduct the inquiry on behalf of the requesting supervisor or facilitate direct access, and must communicate resources, contact points, and expected deadlines without undue delay.
- Any refusal or limitation to conduct or facilitate an inquiry must be justified, documented, and communicated to the requesting supervisor.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
Before conducting inquiries pursuant to Article 46 of Directive (EU) 2024/1640 in the context of group supervision, supervisors specified in Article 1 shall agree on specific arrangements in accordance with Union law and their national legal order, where applicable. Such arrangements shall cover, at a minimum:
means of contact between the supervisors; and
modalities for the timely exchange of information obtained in relation to the inquiry.
The requesting supervisor shall notify the requested supervisor sufficiently in advance of any planned inquiry concerning an establishment that is part of a group, including any intention to seek the assistance of the requested supervisor to carry out the inquiry on its behalf. The notification shall include the information referred to in Article 3(1).
The requested supervisor shall without undue delay inform the requesting supervisor of how it intends to either conduct, within its own powers, the inquiry on behalf of the requesting supervisor or to facilitate the conduct of the inquiry by the requesting supervisor.
Where the requested supervisor undertakes the inquiry on behalf of the requesting supervisor, it shall, without undue delay, communicate to the latter:
the resources assigned to the request;
the relevant points of contact; and
the expected deadline for the completion of the inquiry.
Where the requested supervisor is unable to conduct the inquiry itself or where the requesting supervisor is to carry out the inquiry directly with the prior consent of the requested supervisor, the requested supervisor shall, by using its powers:
take reasonable steps to facilitate access by the requesting supervisor to the relevant establishment that is part of a group and to information sources within its jurisdiction;
assist or support the requesting supervisor in obtaining authorisations or permissions required under the applicable law;
provide support to the requesting supervisor in overcoming language, procedural, or operational barriers encountered in course of the inquiry.
Upon completion of the inquiry, the requested and requesting supervisors shall hold an exchange of views to discuss the findings and observations linked to the inquiry. In case of findings that could seriously affect other parts of the group, supervisors shall, where necessary, coordinate subsequent supervisory action.
Any refusal or limitation to conduct or facilitate an inquiry shall be duly justified, documented and communicated to the requesting supervisor.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
crypto-asset services
Definition
supervisor
Definition
financial mixed activity holding company
Definition
crypto-asset service provider
Definition
credit institution
- a credit institution as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013;
- a branch of a credit institution, as defined in Article 4(1), point (17), of Regulation (EU) No 575/2013, when located in the Union, whether its head office is located in a Member State or in a third country;
Definition
parent undertaking
- 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; and
- is given the responsibility of implementing group-wide requirements under Chapter II, Section 2 of this Regulation;
Definition
crypto-asset
Definition
establishment
- a branch or subsidiary;
- in the case of credit institutions and financial institutions, an infrastructure qualifying as an establishment under prudential regulation;
Definition
property
Definition
group
Definition
financial institution
- 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), 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;
- an insurance undertaking as defined in Article 13, point (1), of Directive 2009/138/EC of the European Parliament and of the Council(33), 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;
- 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);
- 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);
- a creditor as defined in Article 4, point (2), of Directive 2014/17/EU of the European Parliament and of the Council(36) and in Article 3, point (b), of Directive 2008/48/EC of the European Parliament and of the Council(37);
- 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;
Definition
third country
Definition
funds