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Text as of 26 Jun 2024 · Original act (Official Journal of 19 June 2024) · Same wording as today’s text.Today’s text

Article 6 — Powers of the Authority

Financial crimeLevel 1RegulationAMLAApplies from 1 Jul 2025VerifiedOfficial source

6(1)

1.With respect to the selected obliged entities, the Authority shall have the supervisory and investigative powers as specified in Articles 17 to 21 and the power to impose pecuniary sanctions and periodic penalty payments as specified in Articles 22 and 23.

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The Authority shall also have the powers and obligations which financial supervisors have in the area of AML/CFT under the applicable Union law, unless otherwise provided for by this Regulation.

To the extent necessary to carry out the tasks conferred on it by this Regulation, the Authority may require financial supervisors, by way of instructions, to make use of their powers in the area of AML/CFT, under and in accordance with the conditions set out in national law, where this Regulation does not confer such powers on the Authority.

For the purposes of exercising the powers referred to in the first and second subparagraphs, the Authority may issue binding decisions addressed to individual selected obliged entities. The Authority shall have the power to apply administrative measures and impose pecuniary sanctions for non-compliance with the decisions taken in the exercise of the power laid down in Article 21 in accordance with Article 22.

6(2)

2.With respect to supervisors and supervisory authorities, the Authority shall have the following powers:

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6(2)(a)
(a)to require the submission of information or documents, including written or oral explanations, necessary for the performance of its functions, including statistical information and information concerning internal processes or arrangements of national supervisors and supervisory authorities, and to access that information in and extract it from the common structured questionnaires and other online and offline tools developed by the Authority;
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6(2)(b)
(b)to issue guidelines and recommendations;
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6(2)(c)
(c)to issue requests to act and instructions on measures to be taken in relation to non-selected obliged entities pursuant to Chapter II, Section 4;
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6(2)(d)
(d)to carry out mediation upon the request of a financial supervisor or of a non-financial supervisor;
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6(2)(e)
(e)upon the request of financial supervisors, to settle, with binding effect, disagreements between financial supervisors, including in the context of the AML/CFT supervisory colleges.
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6(3)

3.With respect to FIUs in Member States, the Authority shall have the following powers:

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6(3)(a)
(a)to request non-operational data and analyses from FIUs, where they are necessary for the assessment of threats, vulnerabilities and risks facing the internal market in relation to ML/TF;
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6(3)(b)
(b)to collect information and statistics in relation to the tasks and activities of FIUs;
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6(3)(c)
(c)to obtain and process information and data required for initiating, conducting and coordinating joint analyses as specified in Article 40;
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6(3)(d)
(d)to issue guidelines and recommendations.
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6(4)

4.For the purposes of carrying out the tasks set out in Article 5(1), the Authority shall have the following powers:

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6(4)(a)
(a)to develop draft regulatory technical standards in accordance with Article 49;
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6(4)(b)
(b)to develop draft implementing technical standards in accordance with Article 53;
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6(4)(c)
(c)to issue guidelines and recommendations, as provided for in Article 54;
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6(4)(d)
(d)to provide opinions to the European Parliament, to the Council and to the Commission, as provided for in Article 55.
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