Article 106 — Transitional arrangements

Financial crimeLevel 1RegulationAMLAApplies from 1 Jul 2025VerifiedOfficial source

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.

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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.

106(2)

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.

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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.

106(3)

3.By way of derogation from Article 13(3), the additional selection process set out therein shall not apply during the first selection process.

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106(4)

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.

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