Cooperation between the Authority and Financial Intelligence Units
1. The Authority shall be responsible for ensuring the effective and consistent cooperation between Financial Intelligence Units (‘FIUs’) within the framework of the support and coordination mechanism for FIUs. To that end, the Authority shall support and coordinate the activities of FIUs.
2. The Authority and FIUs shall be subject to a duty of cooperation in good faith, including with regard to joint analyses supported or initiated by the Authority, and to an obligation to exchange information that is necessary to fulfil their respective tasks.
3. The Authority shall have dedicated human, financial and IT resources to support the tasks referred to in Article 5(5) and shall ensure, where necessary, organisational separation of the staff dedicated to those tasks from the staff carrying out the tasks relating to the Authority’s supervisory activities.
An FIU may inform the Authority in the case of a failure by another FIU to cooperate. In that case, the Authority shall act as a mediator.
Conduct of joint analyses
1. The Authority shall lay down methods and criteria for the selection and prioritisation of cases relevant for the conduct of joint analyses in accordance with Article 32 of Directive (EU) 2024/1640, to be assisted by the Authority.
2. For the purposes of paragraph 1, the Authority shall draw up, on an annual basis, a list of priority areas for the conduct of joint analyses. That list may be reviewed where new priority areas are identified.
3. Where, pursuant to Article 32 of Directive (EU) 2024/1640 and having regard to the criteria referred to in paragraph 1 of this Article, an FIU of a Member State identifies a potential need to conduct a joint analysis with one or several FIUs in other Member States, it shall notify the Authority thereof.
The Authority shall register all notifications received pursuant to the first subparagraph of this paragraph and assess the relevance of the case in accordance with the methods and criteria referred to in paragraph 1. Where the Authority assesses that the case is relevant, it shall, within five days of the initial notification, inform FIUs in all relevant Member States and invite them to take part in the joint analysis. To that end, the Authority shall use secured channels of communication. FIUs in all relevant Member States shall consider taking part in the joint analysis.
4. If at least one other FIU agrees to take part in the joint analysis, the Authority shall ensure that the joint analysis is launched within 20 days of the initial assessment referred to in paragraph 3, second subparagraph, unless the urgency of the matter justifies the imposition of a shorter deadline.
5. Any FIU that declines to participate in the conduct of the joint analysis shall provide the reasons thereof in writing to the Authority, within five days of receipt of the invitation. The Authority shall provide such explanation without delay to the FIU that identified the need for a joint analysis.
6. Upon the express consent of all FIUs participating in the joint analysis, the staff of the Authority supporting the joint analysis shall be granted access to all data pertaining to the subject matter of the case and shall be able to process those data for the purposes of supporting the joint analysis.
Where an FIU refuses to grant access to the staff of the Authority to the data pertaining to the subject matter of the case, it shall ensure that the information is otherwise provided in a way that does not impede the staff of the Authority in providing operational support to the joint analysis, nor otherwise effectively hamper their ability to provide such support.
Where several FIUs refuse to grant access to the data pertaining to the subject matter of the case, the Authority shall re-assess whether the tasks that its staff would perform justify its support to the joint analysis, and consider recommending that the joint analysis proceeds without its support instead.
7. The Authority shall provide all necessary tools and operational support required for the conduct of the joint analysis, in accordance with the developed methods and procedures. In particular, the Authority shall set up a dedicated, secured channel of communication for the performance of the joint analysis, and shall provide the appropriate technical coordination, including IT support, as well as budgetary and logistical support.
8. Upon the express consent of all FIUs participating in the joint analysis, the staff of the Authority supporting the joint analysis shall be authorised to cross-match, on the basis of a hit/no-hit system, the data of those FIUs with data made available by other FIUs and Union bodies, offices and agencies within their respective mandates.
In the case of a hit, the Authority shall share with all FIUs participating in the joint analysis the information that triggered the hit to the extent that the provider of the information authorised its sharing and that the information is necessary for the conduct of the joint analysis.
For the purposes of this paragraph, the Authority shall use a system designed for the cross-matching of information relevant for the purposes of preventing money laundering, its predicate offences and terrorist financing in a proportionate manner. That system shall ensure a level of security and confidentiality proportionate to the nature and extent of the information cross-matched. The methods and procedures to be established for the conduct of the joint analyses pursuant to Article 43(1) and the working arrangements to be concluded pursuant to Article 94(2) shall specify the methods for carrying out the cross-matching on the basis of a hit/no-hit system as referred to in the first subparagraph of this paragraph.
Reporting and transmission of the results of joint analyses
1. Where the results of a joint analysis indicate that there are reasonable grounds to suspect that money laundering or other criminal activities are being or have been committed in respect of which the EPPO could exercise its competence in accordance with Article 22 and Article 25(2) and (3) of Regulation (EU) 2017/1939, the Authority shall report without undue delay the results of the joint analysis and any additional relevant information to the EPPO.
2. The Authority shall, in consultation with the EPPO, develop draft implementing technical standards to specify the format to be used by the Authority for the reporting of information to the EPPO.
The Authority shall submit those draft implementing technical standards to the Commission by 27 June 2026.
The Commission is empowered to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 53.
3. Where the results of the joint analysis indicate that there are reasonable grounds to suspect that fraud, corruption or any other illegal activity affecting the financial interests of the Union is being or has been committed in respect of which the European Anti-Fraud Office (OLAF) could exercise its competence in accordance with Article 8 of Regulation (EU, Euratom) No 883/2013, the Authority shall transmit the results of the joint analysis and any additional relevant information to OLAF.
4. Upon the express consent of all FIUs participating in the joint analysis and where the results of the joint analysis indicate that there are reasonable grounds to suspect that a criminal offence has been committed in respect of which Europol could exercise its competence in accordance with Regulation (EU) 2016/794 of the European Parliament and of the Council ( 38 ) , the Authority shall transmit the results of the joint analysis and any additional relevant information to Europol.
5. Upon the express consent of all FIUs participating in the joint analysis, and where the results of the joint analysis indicate that there are reasonable grounds to suspect that a criminal offence has been committed in respect of which Eurojust could exercise its competence in accordance with Regulation (EU) 2018/1727 of the European Parliament and of the Council ( 39 ) , the Authority shall transmit the results of the joint analysis and any additional relevant information to Eurojust.
6. The Authority, the EPPO, Europol, Eurojust and OLAF may exchange strategic and other non-operational information, such as typologies and risk indicators, in the areas within their competence.
The conditions for the exchange of the information referred to in the first subparagraph shall be laid down in the working arrangements referred to in Article 94.
Requests by the Authority for the initiation of a joint analysis
1. Where the Authority identifies a potential need to conduct a joint analysis pursuant to Article 40 of this Regulation or Article 32 of Directive (EU) 2024/1640, it shall inform the concerned FIUs thereof and request them to take part in the joint analysis.
2. The concerned FIUs shall inform the Authority without undue delay, making best efforts to do so within five days of receipt of the request, of their decision concerning the request referred to in paragraph 1.
3. Where an FIU requested to take part in the joint analysis refuses a request made by the Authority pursuant to paragraph 1, it shall inform the Authority of the reasons for its decision without undue delay, making best efforts to do so within five days of receipt of the request.
Review of the methods and procedures for, and conduct of, joint analyses
1. The Authority shall establish methods and procedures for the conduct of joint analyses, periodically review them and update them where necessary. The requirement to review and update shall also apply to the methods and criteria referred to in Article 40(1).
2. FIUs that participated or were otherwise involved in a joint analysis may provide their feedback to the Authority on the conduct of the analysis, including feedback on the operational support provided by the Authority in the process of the joint analysis, as well as feedback on the outcome of the analysis, the methods and procedures in place pursuant to paragraph 1, the tools available and the coordination between the participating FIUs. Feedback that is labelled confidential shall not be shared with other FIUs.
3. On the basis of the feedback referred to in paragraph 2, or on its own initiative, the Authority may issue a follow-up report relating to the conduct of the joint analysis, including specific suggestions for adjustments regarding the methods and procedures for the conduct of the joint analysis, and conclusions on the outcome of the joint analysis. The follow-up report shall be shared with all FIUs, without disclosing confidential or restricted information on the case. The conclusions and recommendations relating to the conduct of the joint analysis shall be shared with all FIUs that participated in that joint analysis, and with all other FIUs insofar as those conclusions and recommendations do not contain confidential or restricted information.
National FIU delegates
1. The FIU of each Member State shall delegate one or more staff members to the Authority. The regular place of work of the national FIU delegate shall be at the seat of the Authority.
2. FIU delegates shall have the status of staff of the delegating FIU at the time of their appointment and for the entire duration of their delegation. Member States shall appoint their FIU delegate on the basis of a proven high level of relevant and practical experience in the field of FIU tasks. The delegate shall remain under the authority of the delegating FIU and shall comply with the security and confidentiality rules of the delegating FIU, including relevant national law.
3. The General Board in FIU composition may reject a person who has been appointed as FIU delegate if that person does not fulfil the criteria referred to in paragraph 2. The term of office of FIU delegates shall be three years, renewable once with the consent of the delegating FIU.
4. FIU delegates shall support the Authority in carrying out the tasks set out in Article 5(5). To that end, FIU delegates shall be granted, for the duration of the delegation, access to the Authority’s data and information to the extent necessary for the performance of their tasks.
5. FIU delegates shall be granted access to any data accessible by their delegating FIU for the purposes of carrying out the tasks referred to in Article 5(5).
6. The Executive Board shall determine the rights and obligations of FIU delegates in relation to the Authority, taking into account the opinion of the General Board in FIU composition. FIUs shall ensure that their FIU delegate complies with those rights and obligations.
Mutual assistance in the area of cooperation between FIUs
1. In the context of promoting cooperation between, and supporting the work of, FIUs, the Authority, taking into account the needs of FIUs, shall promote common approaches, methods and best practices. The Authority shall also organise and facilitate in particular the following activities:
(a)
training programmes, including with respect to technological innovation;
(b)
personnel exchanges and secondment schemes, including secondment of FIU staff from a Member State to the Authority;
(c)
exchanges of practices between FIUs, including sharing expertise in a specific area;
(d)
development or procurement of IT tools and services to enhance the analysis capabilities of FIUs.
2. An FIU may submit to the Authority a request for assistance related to the tasks of the FIU, specifying the type of assistance it seeks from the staff of the Authority, the staff of one or more FIU, or a combination thereof. The FIU requesting assistance shall ensure that access is given to any information and data necessary for the provision of such assistance. The Authority shall keep and regularly update information on specific areas of expertise and on the capacity of FIUs to provide mutual assistance related to the tasks of FIUs.
3. The Authority shall make every effort to provide the requested assistance, including by considering the support to be provided with its own human resources as well as coordinating and facilitating the provision of any form of assistance by other FIUs on a voluntary basis.
4. At the beginning of each year, the Chair of the Authority shall inform the General Board in FIU composition of the human resources that the Authority can allocate to providing the assistance referred to in paragraph 2 of this Article. Where changes occur to the availability of human resources due to performance of the tasks referred to in Article 5(5), the Chair of the Authority shall inform the General Board in FIU composition thereof.
Mediation between FIUs
1. The Authority may facilitate a solution in the case of a disagreement between two or more FIUs regarding individual cases related to cooperation, including the exchange of information, under Directive (EU) 2024/1640. The purpose of such mediation shall be to reconcile divergent points of view between the FIUs and to adopt a non-binding opinion.
2. Where a disagreement cannot be solved by direct contact and dialogue between the FIUs concerned, the Authority shall launch a mediation procedure upon the request of one or more of those FIUs. The Authority may also propose launching a mediation procedure on its own initiative. Mediation shall be conducted only with the agreement of all FIUs concerned.
3. The mediation procedure shall be launched before the General Board in FIU composition. All members of the General Board in FIU composition, except the heads of the FIUs that are concerned by the disagreement, shall seek to reconcile the points of view of the FIUs that are concerned by the disagreement and shall agree on a non-binding opinion. Where relevant, experts from the Commission may be invited to participate in the mediation procedure in an advisory capacity.
4. The General Board in FIU composition shall adopt rules of procedure for mediation procedures, including the applicable deadlines.
5. Where an FIU that is concerned by a disagreement refuses to participate in the mediation procedure, it shall inform the Authority and the other FIUs that are concerned by the disagreement of the reasons for its decision within the period specified in the rules of procedure referred to in paragraph 4.
6. Within three months of the adoption of the non-binding opinion referred to in paragraph 3, the FIUs that are concerned by the disagreement shall report to the General Board in FIU composition regarding the measures that they have taken in response to the opinion or, where they have not taken measures, regarding the reasons why they have not done so.
FIU.net
1. The Authority shall ensure adequate, uninterrupted and secure hosting of FIU.net, and ensure the management, maintenance and development of FIU.net. Taking into account the needs of FIUs, the Authority shall ensure that the most advanced and secure technology available is used for FIU.net, subject to a cost-benefit analysis.
2. The Authority shall ensure uninterrupted functioning of FIU.net and keep it up-to-date. Where necessary to support or strengthen the exchange of information and cooperation between FIUs and based on the needs of FIUs, the Authority shall design and implement, or otherwise make available, upgraded or additional functionalities of FIU.net.
3. The Authority shall also be responsible for the following tasks relating to FIU.net:
(a)
implement appropriate technical and organisational measures to ensure a level of security that protects personal data;
(b)
plan, coordinate, manage and support any testing activities;
(c)
ensure adequate financial resources;
(d)
provide training on the technical use of FIU.net by end-users.
4. For the purposes of carrying out the tasks referred to in paragraphs 1, 2 and 3, the Authority shall be empowered to conclude or enter into legally binding contracts or agreements with third-party service providers, after appropriate audits of their security standards.
5. The Authority shall adopt and implement the measures necessary for the fulfilment of the tasks referred to in this Article, including a security plan, a business continuity plan and a disaster recovery plan for FIU.net.
6. The General Board in FIU composition, acting unanimously, may decide to suspend the access of an FIU, its counterpart in a third country, or a Union body, office or agency, to FIU.net where it has grounds to believe that such access would jeopardise the implementation of Chapter III of Directive (EU) 2024/1640 and the security and confidentiality of the information held by FIUs and exchanged through the FIU.net system, including where there are concerns in relation to an FIU’s lack of independence and autonomy.
Where the General Board in FIU composition adopts a decision suspending the access of an FIU to FIU.net, the General Board shall act unanimously by vote of all members of the General Board in FIU composition, except the head of the FIU in question.
The General Board in FIU composition shall define the criteria for the suspension of access to FIU.net and adopt rules of procedure for such suspension.
Peer review
1. The Authority shall set up a peer review process of the activities of FIUs pursuant to Chapter III of Directive (EU) 2024/1640 to strengthen the consistency and effectiveness of FIU activities and to facilitate the exchange of best practices between FIUs. The Authority shall develop methods to allow for an objective assessment of the FIUs reviewed and also develop rules of procedure for the conduct of peer reviews.
Where relevant, the planning and conducting of peer reviews shall take due account of the evaluations, assessments and reports drawn up by international organisations and intergovernmental bodies with competence in the field of preventing and detecting money laundering, its predicate offences and terrorist financing.
2. For the purposes of paragraph 1, the Authority shall set up a peer review team, which shall be composed of the staff of the Authority and representatives of the FIUs participating in the peer review.
3. The peer review of the activities of an FIU shall include an assessment of, but shall not be limited to, the following:
(a)
the adequacy of the FIU’s resources, including human and technical and IT resources, to perform its functions;
(b)
the measures implemented to ensure that the FIU has operational independence and autonomy and is not subject to undue influence;
(c)
the measures that the FIU has put in place to protect the security and confidentiality of information;
(d)
the FIU’s function to receive suspicious transaction reports and other disclosures, including the number and nature of disclosures received and their quality;
(e)
the measures that the FIU has put in place to enhance the reporting of suspicious transactions by obliged entities, in particular in relation to their quality;
(f)
the FIU’s access to and use of additional information to enrich its analysis;
(g)
the tools used by the FIU to carry out an analysis;
(h)
the extent to which the FIU’s analysis and dissemination support the operational needs of authorities competent for the investigation and prosecution of money laundering, its predicate offences and terrorist financing;
(i)
domestic cooperation between the FIU and other competent authorities;
(j)
cross-border cooperation between the FIU and FIUs from other Member States.
4. The Authority shall produce a report setting out the results of the peer review. That peer review report shall be jointly prepared by the staff of the Authority and the relevant staff of the FIUs involved in the peer review team, and shall be adopted by the Executive Board, having received the observations of the General Board in FIU composition as to the consistency of application of the methodology with other peer review reports. The report shall include good practices identified and, where relevant, follow-up measures that are deemed appropriate, proportionate and necessary as a result of the peer review. Those follow-up measures may be adopted in the form of guidelines and recommendations pursuant to Article 54 and an opinion pursuant to Article 55. FIUs shall make every effort to comply with any guidelines and recommendations issued in accordance with Article 54.
5. The Authority shall publish the findings of the peer review on its website and submit an opinion to the Commission where, having regard to the outcome of the peer review or to any other information acquired by the Authority in carrying out its tasks, it considers that further harmonisation of Union rules applicable to FIUs would be necessary from the Union’s perspective.
6. The Authority shall provide a follow-up report two years after the publication of the peer review report. The follow-up report shall be jointly prepared by the staff of the Authority and the relevant staff of the FIUs involved in the peer review team, and shall be adopted by the Executive Board, having received the observations of the General Board in FIU composition as to the consistency of application of the methodology with other peer review reports. The follow-up report shall include an assessment of the adequacy and effectiveness of the actions undertaken by the FIUs that were subject to the peer review in response to the follow-up measures of the peer review report. The Authority shall publish the findings of the follow-up report on its website.
7. For the purposes of this Article, the Executive Board shall adopt a peer review work plan every two years, which shall reflect the lessons learnt from the past peer review processes and discussions held in the General Board in FIU composition. The peer review work plan shall constitute a separate part of the annual and multiannual working programme and shall be included in the single programming document. Every FIU shall participate in the peer reviews which concern it.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
