Article 75 Exclusion and objection
1. The members of the Administrative Board of Review shall not take part in any review proceedings if they have any personal interest in the proceedings, if they have previously been involved as representatives of one of the parties to the proceedings, or if they participated in the adoption of the decision under review. 2. If, for one of the reasons listed in paragraph 1 or for any other reason, a member of the Administrative Board of Review considers that he or she is not to take part in a review proceeding, he or she shall inform the Administrative Board of Review accordingly. 3. Any party to the review proceedings may object to any member of the Administrative Board of Review on any of the grounds listed in paragraph 1, or if the member is suspected of partiality. Any such objection shall not be admissible if the party to the review proceedings, while being aware of a ground for objecting, has taken a procedural step. No objection shall be permitted to be made based on the nationality of members. 4. The Administrative Board of Review shall decide on the action to be taken in the cases referred to in paragraphs 2 and 3 without the participation of the member concerned. For the purposes of taking that decision, the member concerned shall be replaced on the Administrative Board of Review by his or her alternate.
Article 76 Budget
1. Estimates of all revenue and expenditure for the Authority shall be prepared each financial year, corresponding to the calendar year, and shall be shown in the Authority’s budget. 2. The Authority’s budget shall be balanced in terms of revenue and expenditure. 3. Without prejudice to other resources, the Authority’s revenue shall consist of a combination of the following: (a) a contribution from the Union entered in the general budget of the Union; (b) the fees paid by the selected and non-selected obliged entities in accordance with Article 77, for the tasks mentioned in Article 5(2), points (a), (b) and (c), and Article 5(3), points (a) to (d), (f) and (g); (c) any voluntary financial contribution from the Member States; (d) agreed charges for publications, and for training and any other services provided by the Authority where they have been specifically requested by one or more FIUs or their counterparts in third countries or by non-AML/CFT authorities; (e) possible Union funding in the form of contribution agreements or ad hoc grants in accordance with the Authority’s financial rules referred to in Article 81 and with the provisions of the relevant instruments supporting the policies of the Union. The amount and origin of any revenue referred to in the first subparagraph, points (b), (c), (d) and (e), of this paragraph shall be included in the annual accounts of the Authority and clearly detailed in the annual report on the Authority’s budgetary and financial management referred to in Article 80(2). 4. The expenditure of the Authority shall include staff remuneration, administrative and infrastructure expenses and operating costs.
Article 77 Fees levied on selected and non-selected obliged entities
1. The Authority shall levy an annual supervisory fee on all selected obliged entities referred to in Article 13 and on the non-selected obliged entities that meet the criteria set out in Article 12(1). The fees shall cover expenditure incurred by the Authority in relation to the tasks related to supervision and referred to in Chapter II, Sections 3 and 4. Those fees shall not exceed the expenditure relating to those tasks. Where those criteria are not fully respected in any given year, the necessary adjustments shall be made when calculating the fees for the two following years. 2. The amount of the fee levied on each obliged entity referred to in paragraph 1 shall be calculated in accordance with the arrangements established in the delegated act referred to in paragraph 6. 3. The fees shall be calculated at the highest level of consolidation in the Union in accordance with applicable accounting standards. 4. The basis for calculating the annual supervisory fee for a given calendar year shall be the expenditure relating to the direct and indirect supervision of the selected and non-selected obliged entities subject to fees in that year. The Authority may require advance payments in respect of the annual supervisory fee, which shall be based on a reasonable estimate. The Authority shall communicate with the relevant financial supervisor before deciding on the final fee level so as to ensure that supervision remains cost-effective and reasonable for all obliged entities in the financial sector. The Authority shall communicate to the obliged entities concerned the basis for the calculation of the annual supervisory fee. Member States shall ensure that the obligation to pay the fees specified in this Article is enforceable under national law, and that due fees are fully paid. 5. This Article is without prejudice to the right of financial supervisors to levy fees in accordance with national law, to the extent supervisory tasks have not been conferred on the Authority, or in respect of costs of cooperating with and assisting the Authority and acting on its instructions, in accordance with applicable Union law. 6. The Commission is empowered to adopt a delegated act in accordance with Article 100 to supplement this Regulation by specifying the methodology for calculating the amount of the fee levied on each selected and non-selected obliged entity subject to fees in accordance with paragraph 1 of this Article, and the procedure for collecting those fees. When developing the methodology for determining the individual amount of fees, the Commission shall take into account the following: (a) the total annual turnover or the corresponding type of income of the obliged entities at the highest level of consolidation in the Union in accordance with applicable accounting standards; (b) whether the obliged entity has qualified for direct supervision; (c) the ML/TF risk profile classification of the obliged entities in accordance with the methodology referred to in Article 12(7), point (b); (d) the importance of the obliged entity to the stability of the financial system or to the economy of one or more Member States or of the Union; (e) that the amount of the fee to be collected from non-selected obliged entities in proportion to their income or turnover referred to in point (a) shall not exceed 20 % of the amount of the fee to be collected from selected obliged entities with the same level of income or turnover. The Commission shall adopt the delegated acts referred to in the first subparagraph by 1 January 2027.
Article 78 Establishment of the budget
1. Each year, the Executive Director shall draw up a draft statement of estimates of the Authority’s revenue and expenditure for the following financial year, including the establishment plan, and send it to the Executive Board. 2. The Executive Board shall, on the basis of that draft, adopt a provisional draft estimate of the Authority’s revenue and expenditure for the following financial year. 3. The final draft estimate of the Authority’s revenue and expenditure shall be sent to the Commission by 31 January of each year. 4. The Commission shall send the statement of estimates to the budgetary authority together with the draft general budget of the Union. 5. On the basis of the statement of estimates, the Commission shall enter in the draft general budget of the Union the estimates it considers necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Articles 313 and 314 TFEU. 6. The budgetary authority shall authorise the appropriations for the contribution to the Authority. 7. The budgetary authority shall adopt the Authority’s establishment plan. 8. The Authority’s budget shall be adopted by the Executive Board. It shall become final following the final adoption of the general budget of the Union. Where necessary, it shall be adjusted accordingly.
Article 79 Implementation of the budget
1. The Executive Director shall implement the Authority’s budget, respecting the principles of economy, efficiency, effectiveness and sound financial management. 2. Each year, the Executive Director shall send to the budgetary authority all information relevant to the findings of evaluation procedures.
Article 80 Presentation of accounts and discharge
1. The Authority’s accounting officer shall send the provisional accounts for the financial year (year N) to the Commission’s accounting officer and to the Court of Auditors by 1 March of the following year (year N+1). 2. By 31 March of year N+1, the Authority shall send the annual report on its budgetary and financial management to the European Parliament, the Council and the Court of Auditors. 3. By 31 March of year N+1, the Commission’s accounting officer shall send the Authority’s provisional accounts, consolidated with the Commission’s accounts, to the Court of Auditors. 4. On receipt of the Court of Auditors’ observations on the Authority’s provisional accounts pursuant to Article 246 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council ( 41 ) , the Executive Board shall deliver an opinion on the Authority’s final accounts. The Executive Director shall send the Court of Auditors a reply to its observations by 30 September of year N+1. The Executive Director shall also send this reply to the Executive Board. 5. The Authority’s accounting officer shall, by 1 July of year N+1, send the final accounts, to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Executive Board’s opinion. 6. A link to the pages of the website containing the final accounts of the Authority shall be published in the Official Journal of the European Union by 15 November of year N+1. 7. The Executive Director shall submit to the European Parliament, at the request of the European Parliament, any information required for the smooth application of the discharge procedure for the financial year concerned, in accordance with Article 261(3) of Regulation (EU, Euratom) 2018/1046. 8. On a recommendation from the Council acting by a qualified majority, the European Parliament shall, before 15 May of year N+2, give a discharge to the Executive Director in respect of the implementation of the budget for year N.
Article 81 Financial rules
The financial rules applicable to the Authority shall be adopted by the Executive Board after consulting the Commission. They shall not depart from Delegated Regulation (EU) 2019/715 unless such a departure is specifically required for the Authority’s operation and the Commission has given its prior consent.
Article 82 Anti-fraud measures
1. For the purposes of combating fraud, corruption and any other illegal activity, Regulation (EU, Euratom) No 883/2013 as well as Article 86 of Delegated Regulation (EU) 2019/715 shall apply to the Authority without any restriction. 2. The Authority shall accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council and the Commission concerning internal investigations by the European Anti-fraud Office (OLAF) ( 42 ) and shall immediately adopt appropriate provisions for all staff of the Authority. 3. The funding decisions, the agreements and the implementing instruments resulting from them shall expressly provide that the Court of Auditors and OLAF may, where necessary, carry out on-the-spot checks on the beneficiaries of monies disbursed by the Authority.
Article 83 IT security
1. The Authority shall establish an internal IT governance at the level of the Executive Director which establishes and manages the IT budget and ensures regular reporting to the Executive Board on compliance with applicable IT security rules and standards. 2. The Authority shall ensure that a sufficient share of its IT expenditure is transparently allocated to direct IT security. The contribution to the Cybersecurity Service for the Union institutions, bodies, offices and agencies (CERT-EU) may be counted in that share. 3. An adequate IT security monitoring, detection and response service shall be established, using the services of CERT-EU. Major incidents shall be reported to CERT-EU and to the Commission within 24 hours of detection.
Article 84 Accountability and reporting
1. The Authority shall be accountable to the European Parliament and to the Council for the implementation of this Regulation. 2. The Authority shall submit on an annual basis to the European Parliament, to the Council and to the Commission a report on the execution of the tasks conferred on it by this Regulation, including information on the planned evolution of the structure and amount of the supervisory fees referred to in Article 77. With respect to the guidelines and recommendations that the Authority has issued in accordance with Article 54, the report shall contain information on compliance with the guidelines and recommendations issued over the year covered by the report as well as any relevant updates on compliance with previously issued guidelines and recommendations. The report shall be made public and shall include any other relevant information requested by the European Parliament on an ad hoc basis. The Chair of the Authority shall present that report in public to the European Parliament. 3. At the request of the European Parliament, the Chair of the Authority shall participate in a hearing on the execution of its tasks by the competent committees of the European Parliament. A hearing shall take place at least annually. At the request of the European Parliament, the Chair of the Authority shall make a statement before the relevant committees of the European Parliament and answer any questions from their members, whenever so requested. 4. Within six weeks of each meeting of the General Board, the Authority shall at least provide the European Parliament with a comprehensive and meaningful record of the proceedings of that meeting that enables an understanding of the discussions held within that meeting, including an annotated list of decisions. Such record shall not reflect discussions within the General Board relating to individual obliged entities or discussions relating to confidential supervisory or FIU-related data, unless otherwise provided for in the legislative acts referred to in Article 1(2). 5. The Authority shall reply orally or in writing to questions put to it by the European Parliament within five weeks of their receipt. 6. Upon request, the Chair of the Authority shall hold confidential oral discussions behind closed doors with the competent committees of the European Parliament, where such discussions are required for the exercise of the European Parliament’s powers under the Treaties. All participants shall respect the requirements of professional secrecy. 7. When informing the European Parliament on matters pertaining to the Authorities’ contribution to the action of the Union in international fora, the Authority shall not disclose any information it received in the performance of that task where such information is subject to confidentiality requirements imposed by third parties.
Article 85 General provision
1. The Staff Regulations and the Conditions of Employment of Other Servants as well as the rules adopted by agreement between the institutions of the Union for giving effect to those Staff Regulations and Conditions of Employment of Other Servants shall apply to the staff of the Authority for all matters not covered by this Regulation. 2. By way of derogation from paragraph 1 of this Article, the Chair of the Authority and the Executive Board members referred to in Article 63(1), point (b), shall be on a par with, respectively, a Member and the Registrar of the General Court regarding emoluments and pensionable age, as defined in Council Regulation (EU) 2016/300 ( 43 ) . For aspects not covered by this Regulation or by Regulation (EU) 2016/300, the Staff Regulations and the Conditions of Employment of Other Servants shall apply by analogy. 3. The Executive Board, in agreement with the Commission, shall adopt the necessary implementing measures in accordance with the arrangements provided for in Article 110 of the Staff Regulations. 4. The Authority may make use of seconded national experts or other staff not employed by the Authority including FIU delegates. 5. The Executive Board shall adopt rules regarding staff from Member States to be seconded to the Authority and update them as necessary. Those rules shall include, in particular, the financial arrangements related to those secondments, including insurance and training. Those rules shall take into account the fact that the members of staff are seconded and are to be deployed as staff of the Authority. They shall include provisions on the conditions of deployment. Where relevant, the Executive Board shall aim to ensure consistency with the rules applicable to reimbursement of the mission expenses of the statutory staff.
Article 86 Privileges and immunities
Protocol No 7 on the privileges and immunities of the European Union, annexed to the TEU and to the TFEU, shall apply to the Authority and its staff.
Article 87 Staff of the Authority previously employed by the EBA
Temporary agents employed under Article 2, point (f), and contract agents employed under Article 3a of the Conditions of Employment of Other Servants, employed at the Authority by a contract concluded before 1 January 2026, and who immediately prior to their employment at the Authority have been employed by the EBA in carrying out the AML/CFT-related tasks and activities of the EBA listed in Regulation (EU) No 1093/2010, shall be offered the same type of employment contract at the Authority as at the EBA and under the same conditions, subject to the limit on the number of posts that are to be deducted from EBA and allocated to the Authority. Those agents shall be deemed to have served their entire service at the Authority.
Article 88 Obligation of professional secrecy
1. Members of the General Board and the Executive Board, and all members of staff of the Authority, including officials seconded by Member States on a temporary basis, as well as all other persons carrying out tasks for the Authority on a contractual basis, shall be subject to the requirements of professional secrecy pursuant to Article 339 TFEU and Article 67 of Directive (EU) 2024/1640, including after their duties have ceased. 2. The Executive Board shall ensure that individuals who provide any service, directly or indirectly, permanently or occasionally, relating to the tasks of the Authority, including officials and other persons authorised by the Executive Board or appointed by the public authorities and FIUs for that purpose, are subject to requirements of professional secrecy equivalent to those provided for in paragraph 1. 3. For the purpose of carrying out the tasks conferred on it by this Regulation, the Authority shall be authorised, within the limits and under the conditions set out in the acts referred to in Article 1(2), to exchange information with Union or national authorities and bodies in the cases where those acts allow financial supervisors to disclose information to those entities or where Member States can provide for such disclosure under the applicable Union law. 4. The Authority shall establish practical arrangements for implementing the confidentiality rules referred to in paragraphs 1 and 2. 5. The Authority shall apply Commission Decision (EU, Euratom) 2015/444 ( 44 ) .
Article 89 Security rules on the protection of classified and sensitive non-classified information
1. The Authority shall adopt its own security rules equivalent to the Commission’s security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, as set out in Commission Decision (EU, Euratom) 2015/443 ( 45 ) and Decision (EU, Euratom) 2015/444. The security rules of the Authority shall cover, inter alia, provisions for the exchange, processing and storage of such information. The Executive Board shall adopt the Authority’s security rules following approval by the Commission. 2. Any administrative arrangement on the exchange of classified information with the relevant authorities of a third country or, in the absence of such arrangement, any exceptional ad hoc release of EUCI to those authorities, shall be subject to the Commission’s prior approval.
Article 90 Reporting of breaches and protection of reporting persons
1. The Authority shall have in place dedicated reporting channels for receiving and handling information provided by persons reporting actual or potential breaches of: (a) Regulation (EU) 2024/1624, insofar as the requirements applicable to credit institutions and financial institutions are concerned; (b) Regulation (EU) 2023/1113; (c) Directive (EU) 2024/1640, insofar as the requirements applicable to supervisory authorities, self-regulatory bodies in the exercise of supervisory functions and FIUs are concerned. 2. The persons reporting through those channels and the persons concerned shall enjoy the protection of Directive (EU) 2019/1937, where applicable. 3. Following the submission of reports pursuant to Article 60(4) of Directive (EU) 2024/1640 by supervisory authorities in the non-financial sector, the Authority shall be able to request additional information from those supervisory authorities on how they followed up on the reports received. Those supervisory authorities shall promptly provide the requested information but shall not disclose information that may lead to the identification of the reporting person.
Article 91 Cooperation with the European Supervisory Authorities
1. The Authority shall establish and maintain close cooperation with the ESAs, in particular when developing draft regulatory or implementing technical standards, guidelines or recommendations within the remit of their respective tasks. 2. By 27 June 2025, the Authority shall conclude a memorandum of understanding with the ESAs setting out how they intend to cooperate in the performance of their tasks under Union law.
Article 92 Cooperation with non-AML/CFT authorities
1. The Authority shall cooperate and exchange information with non-AML/CFT authorities and, on a need-to-know and confidential basis, with other national authorities and bodies competent for ensuring compliance with Directives 2009/110/EC, 2009/138/EC, 2014/17/EU, 2014/65/EU and (EU) 2015/2366, and with the ESAs, within the boundaries of their respective mandates. 2. The Authority shall conclude a memorandum of understanding with the prudential authorities as defined in Article 4(1), point (40), of Regulation (EU) No 575/2013, the ESAs and the other national authorities competent for ensuring compliance with Regulation (EU) 2023/1114, setting out in general terms how they will cooperate and exchange information in the performance of their supervisory tasks under Union law in relation to selected and non-selected obliged entities. Where it deems it necessary, the Authority may also conclude a memorandum of understanding with any of the other authorities or bodies referred to in paragraph 1 setting out in general terms how they will cooperate and exchange information in the performance of their supervisory tasks under Union law in relation to selected and non-selected obliged entities. 3. By 27 June 2025, the Authority and the ECB shall conclude a memorandum of understanding setting out the practical modalities for cooperation and for exchanging information in the performance of their respective tasks under Union law. 4. The Authority shall ensure effective cooperation and information exchange between all supervisory authorities in the AML/CFT supervisory system and the relevant authorities and bodies referred to in paragraph 1, including with regard to access to any information and data in the central AML/CFT database referred to in Article 11.
Article 93 Partnerships for information sharing in the field of AML/CFT
1. Where relevant for the fulfilment of the tasks referred to in Chapter II, the Authority may set up cross-border partnerships for information sharing, in accordance with fundamental rights and judicial procedural safeguards, or participate in partnerships for information sharing established in one or across several Member States with the objective of supporting the prevention and combating of money laundering, its predicate offences and terrorist financing. Participation of the Authority in an already existing partnership shall be subject to the agreement of the authorities that have established such a partnership. 2. Where the Authority sets up a cross-border partnership for information sharing, it shall ensure that the partnership complies with the requirements of Article 75(3), (4) and (5) of Regulation (EU) 2024/1624. In addition to obliged entities, the Authority may invite the competent authorities referred to in Article 2(1), point (44), points (a), (b) and (c), of that Regulation, as well as Union bodies, offices and agencies which have a role in the prevention and combating of money laundering, its predicate offences and terrorist financing, to take part in the partnership, where such participation is relevant for the fulfilment of their tasks and powers. Upon the unanimous consent of the participating members, other third parties may be invited to participate, on an occasional basis, in meetings of the partnership, where relevant.
Article 94 Cooperation with OLAF, Europol, Eurojust and the EPPO
1. The Authority may conclude working arrangements with Union institutions, Union decentralised agencies and other Union bodies, acting in the field of law enforcement and judicial cooperation. Those working arrangements may be of a strategic, operational or technical nature, and shall in particular aim to facilitate cooperation and the exchange of information between the parties thereto. The working arrangements shall neither form the basis for allowing the exchange of personal data nor bind the Union or its Member States. 2. The Authority shall establish and maintain a close relationship with OLAF, Europol, Eurojust, and the EPPO. To that end, the Authority shall conclude separate working arrangements with OLAF, Europol, Eurojust and the EPPO setting out the details of their cooperation. The relationship shall aim in particular to ensure the exchange of operational and strategic information and trends in relation to ML/TF threats facing the Union. 3. In order to promote and facilitate smooth cooperation between the Authority and Europol, Eurojust and the EPPO, the working arrangements with them shall in particular provide for the possibility of posting liaison officers at each other’s premises, and lay down conditions to that end.
Article 95 Cooperation with third countries and international organisations
1. In order to achieve the objectives set out in this Regulation, and without prejudice to the respective competences of the Member States and the Union institutions, the Authority may develop contacts and enter into administrative arrangements with AML/CFT authorities in third countries that have regulatory, supervisory and FIU-related competences in the field of AML/CFT as well as with international organisations and third-country administrations. Those arrangements shall not create legal obligations in respect of the Union and its Member States nor shall they prevent Member States and their competent authorities from concluding bilateral or multilateral arrangements with those third countries. 2. The Authority may develop model administrative arrangements with a view to establishing consistent, efficient and effective practices within the Union and to strengthening international coordination and cooperation in the fight against ML/TF. Supervisory authorities and FIUs shall make every effort to follow such model arrangements. 3. In cases where the interaction between, on the one hand, several Union supervisory authorities and FIUs with, on the other hand, third-country authorities, concerns matters falling within the scope of the Authority’s tasks as set out in Article 5, the Authority shall have a leading role in facilitating such interaction where necessary. That role of the Authority shall be without prejudice to regular interactions by supervisory authorities and FIUs with third-country authorities. 4. The Authority shall, within its powers pursuant to this Regulation and to the legislative acts referred to in Article 1(2), contribute to the united, common, consistent and effective representation of the Union’s interests in international fora, including by assisting the Commission in its tasks relating to the Commission’s membership of the Financial Action Task Force and by supporting the work and objectives of the Egmont Group of Financial Intelligence Units.
Article 96 Access to documents
1. Regulation (EC) No 1049/2001 shall apply to documents held by the Authority. 2. Decisions taken by the Authority under Article 8 of Regulation (EC) No 1049/2001 may be the subject of a complaint to the European Ombudsman or of an action before the Court of Justice of the European Union, under the conditions laid down in Articles 228 and 263 TFEU, respectively. 3. The right of access to documents shall not apply to confidential information comprising: (a) information or data of the Authority, the financial supervisors or the obliged entities, obtained as a result of carrying out the tasks and activities referred to in Article 5(2) and Chapter II, Section 3; (b) any operational data or information related to such operational data of the Authority and of the FIUs that is in the possession of the Authority as a result of carrying out the tasks and activities referred to in Article 5(5) and Chapter II, Section 6. 4. The confidential information referred to in paragraph 3, point (a), that relates to a supervisory procedure may be fully or partially disclosed to the obliged entities which are parties to that supervisory procedure, subject to the legitimate interest of other persons in the protection of their business secrets. That access shall not extend to internal documents of the Authority, financial supervisors, or correspondence between them. 5. The Executive Board shall adopt practical measures for applying Regulation (EC) No 1049/2001 and the rules regarding disclosure of information relating to supervisory procedures.
Article 97 General language arrangements
1. Council Regulation No 1 shall apply to the Authority. 2. The Executive Board shall decide on the internal language arrangements for the Authority, which shall be consistent with the language arrangements in direct supervision, adopted pursuant to Article 29. 3. Translation and all other linguistic services required by the Authority, other than interpretation, shall be provided by the Translation Centre for the Bodies of the European Union, as established by Council Regulation (EC) No 2965/94 ( 46 ) .
Article 98 Data protection
1. The processing of personal data on the basis of this Regulation for the purposes of ML/TF prevention as referred to in Article 70 of Directive (EU) 2024/1640 and Article 76 of Regulation (EU) 2024/1624 shall be considered necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Authority under Article 5 of Regulation (EU) 2018/1725 and Article 6 of Regulation (EU) 2016/679. When drafting guidelines and recommendations in accordance with Article 54, having a significant impact on the protection of personal data, the Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679 to avoid duplication, inconsistencies and legal uncertainty in the sphere of data protection. After being authorised by the Commission, the Authority shall also consult the European Data Protection Supervisor established by Regulation (EU) 2018/1725. The Authority may also invite national data protection authorities as observers in the process of drafting such guidelines and recommendations. 2. In accordance with Article 25 of Regulation (EU) 2018/1725, the Authority shall be permitted to adopt internal rules which restrict the application of the rights of data subjects where such restrictions are necessary to the performance of the tasks referred in Article 70 of Directive (EU) 2024/1640 and Article 76 of Regulation (EU) 2024/1624.
Article 99 Liability of the Authority
1. In the case of non-contractual liability, the Authority shall, in accordance with the general principles common to the laws of Member States, make good any damage caused by it or by its staff in the performance of their duties. The Court of Justice of the European Union shall have jurisdiction in any dispute over the remedying of such damage. 2. The personal financial liability and disciplinary liability of the Authority’s staff towards the Authority shall be governed by the relevant provisions applying to the staff of the Authority.
Article 100 Delegated acts
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 27 and 77 shall be conferred on the Commission for an indeterminate period of time from 27 December 2024. 3. The delegation of power referred to in Articles 27 and 77 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. 4. 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. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 27 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and 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 three months at the initiative of the European Parliament or of the Council. 7. A delegated act adopted pursuant to Article 77 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and 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 two months at the initiative of the European Parliament or of the Council.
Article 101 Headquarters Agreement and operating conditions
1. The necessary arrangements concerning the accommodation to be provided for the Authority in the Member State where its seat is located and the facilities to be made available by that Member State, as well as the specific rules applicable in that Member State to the staff of the Authority and members of their families, shall be laid down in a Headquarters Agreement to be concluded between the Authority and that Member State after obtaining the approval of the Executive Board. 2. The Member State where the seat is located shall provide the best possible conditions to ensure the proper functioning of the Authority, including multilingual, European-oriented schooling and appropriate transport connections.
Article 102 Evaluation and review
1. By 31 December 2030, and every five years thereafter, the Commission shall draw up a report on the Authority’s performance in relation to its objectives, mandate, tasks and location, in accordance with the Commission’s guidelines. That report shall, in particular, address: (a) the possible need to amend the mandate of the Authority, and the financial implications of any such amendment; (b) the impact of all supervisory activities and tasks of the Authority on the interests of the Union as a whole, and specifically the effectiveness of: (i) supervisory tasks and activities related to direct supervision of selected obliged entities; (ii) indirect supervision of non-selected obliged entities; (iii) indirect oversight of other obliged entities; (c) the impact of the activities related to support and coordination of FIUs, and in particular the coordination of the joint analyses of cross-border activities and transactions conducted by FIUs; (d) the impartiality, objectivity and autonomy of the Authority; (e) the appropriateness of governance arrangements, including the composition of, and voting arrangements in, the Executive Board and its relationship with the General Board; (f) the cost effectiveness of the Authority, if appropriate, separately in relation to its distinct sources of funding; (g) the effectiveness of the recourse mechanism against decisions of the Authority and the independence and accountability arrangements applicable to the Authority; (h) the effectiveness of cooperation and information sharing arrangements between the Authority and non-AML/CFT authorities; (i) the interaction between the Authority and the other Union supervisory authorities and bodies, including the EBA, Europol, Eurojust, OLAF and the EPPO; (j) the scope of direct supervision and the criteria and methodology for the assessment and selection of entities for direct supervision; (k) the effectiveness of the Authority’s supervisory and sanctioning powers; (l) the effectiveness of, and convergence in, supervisory practices reached by supervisory authorities and the role of the Authority therein. 2. The report referred to in paragraph 1 shall also examine whether: (a) the resources of the Authority are adequate to carry out its responsibilities; (b) it is appropriate to confer on the Authority additional supervisory tasks regarding obliged entities in the non-financial sector, specifying, as appropriate, the types of entities that should be subject to the additional supervisory tasks; (c) it is appropriate to confer on the Authority additional tasks in the area of support and coordination of the work of FIUs; (d) it is appropriate to confer on the Authority additional sanctioning powers. 3. In every second report, the Commission shall conduct a thorough review of the results achieved by the Authority having regard to its objectives, mandate, tasks and powers, including an assessment of whether the continuation of the Authority is still justified with regard to these objectives, mandate and tasks. 4. The report and any accompanying proposals, as appropriate, shall be forwarded to the European Parliament and to the Council.
Article 103 Amendments to Regulation (EU) No 1093/2010
Regulation (EU) No 1093/2010 is amended as follows: (1) Article 1 is amended as follows: (a) in paragraph 2, the second subparagraph is deleted; (b) in paragraph 5, point (h) is deleted; (2) Article 4 is amended as follows: (a) point (1a) is deleted; (b) in point (2), point (iii) is deleted; (3) in Article 8(1), point (l) is deleted; (4) Articles 9a and 9b are deleted; (7) in Article 33(1), the second subparagraph is deleted; (8) in Article 40(7), the first subparagraph is replaced by the following: ‘The Board of Supervisors may decide to admit observers. In particular, the Board of Supervisors shall admit a representative of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism established by Regulation (EU) 2024/1620 of the European Parliament and of the Council ( *1 ) where matters that fall under its mandate are discussed or decided upon. ( *1 ) Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 ( OJ L, 2024/1620, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1620/oj ).’;" (9) in Article 81, paragraph 2b is deleted.
Article 104 Amendments to Regulation (EU) No 1094/2010
Regulation (EU) No 1094/2010 is amended as follows: (1) in Article 1(2), the second subparagraph is deleted; (2) in Article 40(5), the first subparagraph is replaced by the following: ‘The Board of Supervisors may decide to admit observers. In particular, the Board of Supervisors shall admit a representative of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism established by Regulation (EU) 2024/1620 of the European Parliament and of the Council ( *2 ) where matters that fall under its mandate are discussed or decided upon. ( *2 ) Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 ( OJ L, 2024/1620, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1620/oj ).’;" (3) in Article 54, paragraph 2a is deleted.
Article 105 Amendments to Regulation (EU) No 1095/2010
Regulation (EU) No 1095/2010 is amended as follows: (1) in Article 1(2), the second subparagraph is deleted; (2) in Article 40(6), the first subparagraph is replaced by the following: ‘The Board of Supervisors may decide to admit observers. In particular, the Board of Supervisors shall admit a representative of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism established by Regulation (EU) 2024/1620 of the European Parliament and of the Council ( *3 ) where matters that fall under its mandate are discussed or decided upon. ( *3 ) Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 ( OJ L, 2024/1620, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1620/oj )’;" (3) in Article 54, paragraph 2a is deleted.
Article 106 Transitional arrangements
1. Until 27 June 2028, Article 11 shall only apply to financial supervisors, credit institutions and financial institutions. However, supervisory authorities in the non-financial sector may on a voluntary basis already comply with the requirements of that Article before that date. For the purposes of establishing and maintaining the database referred to in Article 11, the Authority shall conclude a bilateral agreement with the EBA on access to, as well as the financing and the joint management of, the AML/CFT database established in accordance with Article 9a of Regulation (EU) No 1093/2010. The arrangement shall be established for a mutually agreed period, which may be extended until no later than 30 June 2027. During that period, the EBA shall at least be able to continue receiving information, analysing it and making it available in accordance with Article 9a(2) of Regulation (EU) No 1093/2010 or in accordance with this Regulation, on behalf of the Authority and based on the financing made available by the Authority for that purpose. 2. By way of derogation from Article 13(2), where, during the first selection process, more than 40 obliged entities would qualify for direct supervision pursuant to Article 13(1), the Authority shall carry out the tasks listed in Article 5(2) in respect of the 40 obliged entities or groups operating in the highest number of Member States whether through establishments or under the freedom to provide services. Where the application of the criterion referred to in the first subparagraph of this paragraph yields more than 40 obliged entities or groups, the Authority shall select, from the obliged entities or groups that would be selected in accordance with the first subparagraph of this paragraph and that operate in the smallest number of Member States, those which have the highest ratio of the volume of transactions with third countries to the total volume of transactions measured in the last financial year. 3. By way of derogation from Article 13(3), the additional selection process set out therein shall not apply during the first selection process. 4. By way of derogation from Article 48(7), the participation of FIUs in peer reviews shall be voluntary during the first two peer review processes.
Article 107 Commencement of the Authority’s activities
The Commission shall be responsible for the establishment and initial operation of the Authority until 31 December 2025. For that purpose: (a) the Commission may designate a Commission official to act as interim Executive Director and exercise the duties assigned to the Executive Director until the Authority has the capacity to implement its own budget and the Executive Director has taken up his or her duties following his or her appointment by the Executive Board in accordance with Article 70; (b) by way of derogation from Article 62(1), until the Chair of the Authority has been appointed, the interim Executive Director may convene and chair the meetings of the General Board, without the right to vote; (c) by way of derogation from Article 64(4), point (g), until the adoption of a decision as referred to in Article 70, the interim Executive Director shall exercise the appointing authority powers; (d) the Commission may offer assistance to the Authority, in particular by seconding Commission officials to carry out the activities of the Authority under the responsibility of the interim Executive Director or the Executive Director; (e) the interim Executive Director may authorise all payments covered by appropriations entered in the Authority’s budget and may conclude contracts, including staff contracts, following the adoption of the Authority’s establishment plan.
Article 108 Entry into force and application
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union . It shall apply from 1 July 2025. However, Articles 1, 4, 49, 53, 54, 55, 57 to 66, 68 to 71, 100, 101 and 107 shall apply from 26 June 2024, and Article 103 shall apply from 31 December 2025.