Source: AMLA final report draft
- Anti-money laundering
AML 6 directive supplemental acts
- RTS on home-host supervisory cooperation
Article 8 Coordinated supervisory approach
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 8 of the RTS on home-host supervisory cooperation say?
Article 8 establishes the framework for coordinated supervisory approaches between home and host Member State supervisors when overseeing group-level establishments.
Building on the broader cooperation duties set out in Article 1, this article moves beyond information exchange and inquiries to address how supervisors should actively align their supervisory efforts.
It sets out what must be recorded when a coordinated approach is agreed, what factors must be assessed before launching coordinated action, and provides a backstop mechanism where one supervisor can escalate to the Authority if the other fails to follow through on an agreed approach.
Important points:
- Home and host supervisors are required to coordinate their supervisory approaches when overseeing establishments that are part of a group, and must keep records covering planned activities, timelines, information exchange arrangements, and follow-up options.
- Before carrying out a coordinated supervisory action, supervisors must assess the ML/TF risks involved, applicable regulatory frameworks, and the supervisory resources available.
- Where one supervisor fails to act in accordance with an agreed coordinated approach, the other supervisor may refer that failure to the Authority.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
Supervisors of the home and host Member States shall, where necessary, coordinate their supervisory approaches when supervising establishments that are part of a group.
Where a coordinated supervisory approach is agreed upon, the home and host supervisors shall keep record of the following:
the activities and supervisory action(s) to be performed and exercised under the coordinated supervisory approach;
the timeline for the execution of these activities;
the modalities of information exchange related to the coordinated supervisory approach, including the information to be shared during and as a result of the implementation of the activities carried out under the coordinated supervisory approach;
the options for coordinated follow-up, if any, including, where applicable, adoption and imposition of supervisory measures.
When deciding to carry out a coordinated supervisory action, supervisors shall assess the following:
the nature and level of the ML/TF risk that the coordinated supervisory action is designed to assess or mitigate;
the specific risks which shall be subject of the coordinated supervisory action;
the relevant regulatory provisions and any differences in the applicable regulatory framework;
the supervisory resources available and the planned allocation of supervisory resources.
Where home and host supervisors have agreed on following a coordinated supervisory approach but one fails to act in accordance with the approach, the other may refer this failure to the Authority.
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