Recital 35

For the purposes of safeguarding the proper functioning and effectiveness of the AML/CFT supervisory system, the Authority should be able to identify and act in cases of systematic failures of supervision caused by breaches of Union law resulting from the non-application or improper application of national measures transposing Union directives. To that end, and without prejudice to the powers of the Commission to launch an infringement procedure pursuant to the TFEU, the Authority should be able to investigate such possible breaches. Where the Authority has established a breach, after informing the supervisor concerned and, where appropriate, giving other financial supervisors the opportunity to provide information on the matter, the Authority should be able, if it considers it appropriate, to issue a recommendation to the supervisor in question, outlining the measures to be taken to rectify the breach. Where the shortcomings identified have not been remedied, the Commission should also be able to issue an opinion requiring the supervisor to comply with the recommendation issued by the Authority.