Article 50 — AML/CFT supervisory colleges in the non-financial sector

1.Member States shall ensure that the non-financial supervisors in charge of the parent undertaking of a group of obliged entities in the non-financial sector or of the head office of an obliged entity in the non-financial sector are able to set up dedicated AML/CFT supervisory colleges in any of the following situations:

2.Member States shall ensure that where the non-financial supervisor in charge of the parent undertaking of a group or of the head office of an obliged entity does not set up a college, non-financial supervisors referred to in paragraph 1, second subparagraph, point (b), can submit an opinion that, having regard to the money laundering and terrorist financing risks to which the obliged entity or group is exposed and the scale of its cross-border activities, a college shall be set up. That opinion shall be submitted by at least two non-financial supervisors and addressed to:

3.Where, after an opinion is submitted pursuant to paragraph 2, the non-financial supervisor in charge of the parent undertaking of a group or of the head office of an obliged entity still considers that it is not necessary to set up a college, Member States shall ensure that the other non-financial supervisors are able to set up the college, provided that it is composed of at least two members. In those cases, those non-financial supervisors shall decide among them who is the supervisor in charge of the college. The non-financial supervisor in charge of the parent undertaking of a group or of the head office of an obliged entity shall be informed of the activities of the college and be able to join the college at any time.

4.For the purposes of paragraph 1, Member States shall ensure that non-financial supervisors identify:

5.Where obliged entities in the non-financial sector carry out activities in other Member States under the freedom to provide services, the non-financial supervisor of the home Member State may invite the non-financial supervisors of those Member States to participate in the college as observers.

6.Where a group in the non-financial sector includes any credit institution or financial institution, but their presence in the group does not meet the threshold for setting up a college pursuant to Article 49, the supervisor setting up the college shall invite the financial supervisors of those credit institutions or financial institutions to participate in the college.

7.Member States may allow the setting up of AML/CFT supervisory colleges when an obliged entity in the non-financial sector established in the Union has set up establishments in at least two third countries. Non-financial supervisors may invite their counterparts in those third countries to set up such college. The non-financial supervisors participating in the college shall establish a written agreement detailing the conditions and procedures for the cooperation and exchange of information.

Where the college is set up in relation to obliged entities referred to in Article 3, points (3)(a) and (b), of Regulation (EU) 2024/1624 or groups thereof, the written agreement referred to in the first subparagraph of this paragraph shall also include procedures to ensure that no information collected pursuant to Article 21(2) of Regulation (EU) 2024/1624 is shared, unless the second subparagraph of Article 21(2) applies.

8.Member States shall ensure that colleges are used, among others, for exchanging information, providing mutual assistance or coordinating the supervisory approach to the group or obliged entity, including, where relevant, the taking of appropriate and proportionate measures to address serious breaches of Regulations (EU) 2024/1624 and (EU) 2023/1113 that are detected at the level of the group or of the obliged entity, or across the establishments set up by the group or obliged entity in the jurisdiction of a supervisor participating in the college.

9.AMLA may attend the meetings of the AML/CFT supervisory colleges and shall facilitate their work in accordance with Article 36 of Regulation (EU) 2024/1620. Where AMLA decides to participate in the meetings of an AML/CFT supervisory college, it shall have the status of an observer.

10.Non-financial supervisors may allow their counterparts in third countries to participate in AML/CFT supervisory colleges as observers in the case referred to in paragraph 1, point (b), or where Union obliged entities in the non-financial sector or groups thereof operate branches and subsidiaries in those third countries, provided that:

11.Where deemed necessary by the permanent members of the college, additional observers may be invited, provided that confidentiality requirements are complied with. Observers may include FIUs.

12.Where the members of a college disagree on the measures to be taken in relation to an obliged entity, they may refer the matter to AMLA and request its assistance in accordance with Article 38 of Regulation (EU) 2024/1620. AMLA shall provide its opinion on the matter of disagreement within 2 months.

13.By 10 July 2026, AMLA shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall specify:

14.By 10 July 2029 and every 2 years thereafter, AMLA shall issue an opinion on the functioning of AML/CFT supervisory colleges in the non-financial sector. That opinion shall include: