General provision
1. The Staff Regulations and the Conditions of Employment of Other Servants as well as the rules adopted by agreement between the institutions of the Union for giving effect to those Staff Regulations and Conditions of Employment of Other Servants shall apply to the staff of the Authority for all matters not covered by this Regulation.
2. By way of derogation from paragraph 1 of this Article, the Chair of the Authority and the Executive Board members referred to in Article 63(1), point (b), shall be on a par with, respectively, a Member and the Registrar of the General Court regarding emoluments and pensionable age, as defined in Council Regulation (EU) 2016/300 ( 43 ) . For aspects not covered by this Regulation or by Regulation (EU) 2016/300, the Staff Regulations and the Conditions of Employment of Other Servants shall apply by analogy.
3. The Executive Board, in agreement with the Commission, shall adopt the necessary implementing measures in accordance with the arrangements provided for in Article 110 of the Staff Regulations.
4. The Authority may make use of seconded national experts or other staff not employed by the Authority including FIU delegates.
5. The Executive Board shall adopt rules regarding staff from Member States to be seconded to the Authority and update them as necessary. Those rules shall include, in particular, the financial arrangements related to those secondments, including insurance and training. Those rules shall take into account the fact that the members of staff are seconded and are to be deployed as staff of the Authority. They shall include provisions on the conditions of deployment. Where relevant, the Executive Board shall aim to ensure consistency with the rules applicable to reimbursement of the mission expenses of the statutory staff.
Privileges and immunities
Protocol No 7 on the privileges and immunities of the European Union, annexed to the TEU and to the TFEU, shall apply to the Authority and its staff.
Staff of the Authority previously employed by the EBA
Temporary agents employed under Article 2, point (f), and contract agents employed under Article 3a of the Conditions of Employment of Other Servants, employed at the Authority by a contract concluded before 1 January 2026, and who immediately prior to their employment at the Authority have been employed by the EBA in carrying out the AML/CFT-related tasks and activities of the EBA listed in Regulation (EU) No 1093/2010, shall be offered the same type of employment contract at the Authority as at the EBA and under the same conditions, subject to the limit on the number of posts that are to be deducted from EBA and allocated to the Authority. Those agents shall be deemed to have served their entire service at the Authority.
Obligation of professional secrecy
1. Members of the General Board and the Executive Board, and all members of staff of the Authority, including officials seconded by Member States on a temporary basis, as well as all other persons carrying out tasks for the Authority on a contractual basis, shall be subject to the requirements of professional secrecy pursuant to Article 339 TFEU and Article 67 of Directive (EU) 2024/1640, including after their duties have ceased.
2. The Executive Board shall ensure that individuals who provide any service, directly or indirectly, permanently or occasionally, relating to the tasks of the Authority, including officials and other persons authorised by the Executive Board or appointed by the public authorities and FIUs for that purpose, are subject to requirements of professional secrecy equivalent to those provided for in paragraph 1.
3. For the purpose of carrying out the tasks conferred on it by this Regulation, the Authority shall be authorised, within the limits and under the conditions set out in the acts referred to in Article 1(2), to exchange information with Union or national authorities and bodies in the cases where those acts allow financial supervisors to disclose information to those entities or where Member States can provide for such disclosure under the applicable Union law.
4. The Authority shall establish practical arrangements for implementing the confidentiality rules referred to in paragraphs 1 and 2.
5. The Authority shall apply Commission Decision (EU, Euratom) 2015/444 ( 44 ) .
Security rules on the protection of classified and sensitive non-classified information
1. The Authority shall adopt its own security rules equivalent to the Commission’s security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, as set out in Commission Decision (EU, Euratom) 2015/443 ( 45 ) and Decision (EU, Euratom) 2015/444. The security rules of the Authority shall cover, inter alia, provisions for the exchange, processing and storage of such information. The Executive Board shall adopt the Authority’s security rules following approval by the Commission.
2. Any administrative arrangement on the exchange of classified information with the relevant authorities of a third country or, in the absence of such arrangement, any exceptional ad hoc release of EUCI to those authorities, shall be subject to the Commission’s prior approval.
Reporting of breaches and protection of reporting persons
1. The Authority shall have in place dedicated reporting channels for receiving and handling information provided by persons reporting actual or potential breaches of:
(a)
Regulation (EU) 2024/1624, insofar as the requirements applicable to credit institutions and financial institutions are concerned;
(b)
Regulation (EU) 2023/1113;
(c)
Directive (EU) 2024/1640, insofar as the requirements applicable to supervisory authorities, self-regulatory bodies in the exercise of supervisory functions and FIUs are concerned.
2. The persons reporting through those channels and the persons concerned shall enjoy the protection of Directive (EU) 2019/1937, where applicable.
3. Following the submission of reports pursuant to Article 60(4) of Directive (EU) 2024/1640 by supervisory authorities in the non-financial sector, the Authority shall be able to request additional information from those supervisory authorities on how they followed up on the reports received. Those supervisory authorities shall promptly provide the requested information but shall not disclose information that may lead to the identification of the reporting person.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
