Article 54 — Guidelines and recommendations
Financial crimeLevel 1RegulationAMLAStage: AdoptedStage 3 of 3: Proposal → Agreed → AdoptedVerifiedIdentical to the official source.Official source
1.The Authority shall, with a view to establishing consistent, efficient and effective supervisory and FIU-related practices, and to ensuring the common, uniform and consistent application of Union law, issue guidelines and recommendations addressed to supervisory authorities, supervisors, FIUs, or obliged entities.
Copy link2.The Authority shall, where appropriate, conduct open public consultations regarding those guidelines and recommendations and analyse the related potential costs and benefits. Those consultations and analyses shall be proportionate to the scope, nature and impact of the guidelines or recommendations. Where the Authority does not conduct open public consultations, the Authority shall provide its reasons and make them public.
Copy link3.Supervisory authorities, supervisors, FIUs and obliged entities shall make every effort to comply with those guidelines and recommendations.
Copy linkWithin two months of the issuance of a guideline or recommendation, each supervisory authority, supervisor or FIU shall confirm whether it complies or intends to comply with that guideline or recommendation. In the event that a supervisory authority, supervisor or FIU does not comply or does not intend to comply, it shall inform the Authority, stating its reasons.
The Authority shall publish the fact that a supervisory authority, supervisor or FIU does not comply or does not intend to comply with that guideline or recommendation. The Authority may also decide, on a case-by-case basis, to publish the reasons provided by the supervisory authority, supervisor or FIU for not complying with that guideline or recommendation. The supervisory authority, supervisor or FIU shall receive advance notice of such publication.
If required by that guideline or recommendation, obliged entities shall report, in a clear and detailed way, whether they comply with that guideline or recommendation.
4.In the report referred to in Article 64(4), point (c), the Authority shall list the guidelines and recommendations that it has issued.
Copy link5.The guidelines and recommendations issued by the Authority shall replace the guidelines and recommendations previously issued by the EBA or by supervisors and FIUs on the same subject. Provided that they are still relevant, the guidelines and recommendations issued by the EBA, or by supervisors and FIUs pursuant to Directive (EU) 2015/849 of the European Parliament and of the Council and Regulation (EU) 2023/1113 shall remain applicable until such time as the new guidelines and recommendations issued by the Authority on the same subject start to apply. The Authority shall provide for a suitable transition period for the application of the new guidelines and recommendations.
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