Access to documents
1. Regulation (EC) No 1049/2001 shall apply to documents held by the Authority.
2. Decisions taken by the Authority under Article 8 of Regulation (EC) No 1049/2001 may be the subject of a complaint to the European Ombudsman or of an action before the Court of Justice of the European Union, under the conditions laid down in Articles 228 and 263 TFEU, respectively.
3. The right of access to documents shall not apply to confidential information comprising:
(a)
information or data of the Authority, the financial supervisors or the obliged entities, obtained as a result of carrying out the tasks and activities referred to in Article 5(2) and Chapter II, Section 3;
(b)
any operational data or information related to such operational data of the Authority and of the FIUs that is in the possession of the Authority as a result of carrying out the tasks and activities referred to in Article 5(5) and Chapter II, Section 6.
4. The confidential information referred to in paragraph 3, point (a), that relates to a supervisory procedure may be fully or partially disclosed to the obliged entities which are parties to that supervisory procedure, subject to the legitimate interest of other persons in the protection of their business secrets. That access shall not extend to internal documents of the Authority, financial supervisors, or correspondence between them.
5. The Executive Board shall adopt practical measures for applying Regulation (EC) No 1049/2001 and the rules regarding disclosure of information relating to supervisory procedures.
General language arrangements
1. Council Regulation No 1 shall apply to the Authority.
2. The Executive Board shall decide on the internal language arrangements for the Authority, which shall be consistent with the language arrangements in direct supervision, adopted pursuant to Article 29.
3. Translation and all other linguistic services required by the Authority, other than interpretation, shall be provided by the Translation Centre for the Bodies of the European Union, as established by Council Regulation (EC) No 2965/94 ( 46 ) .
Data protection
1. The processing of personal data on the basis of this Regulation for the purposes of ML/TF prevention as referred to in Article 70 of Directive (EU) 2024/1640 and Article 76 of Regulation (EU) 2024/1624 shall be considered necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Authority under Article 5 of Regulation (EU) 2018/1725 and Article 6 of Regulation (EU) 2016/679.
When drafting guidelines and recommendations in accordance with Article 54, having a significant impact on the protection of personal data, the Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679 to avoid duplication, inconsistencies and legal uncertainty in the sphere of data protection. After being authorised by the Commission, the Authority shall also consult the European Data Protection Supervisor established by Regulation (EU) 2018/1725. The Authority may also invite national data protection authorities as observers in the process of drafting such guidelines and recommendations.
2. In accordance with Article 25 of Regulation (EU) 2018/1725, the Authority shall be permitted to adopt internal rules which restrict the application of the rights of data subjects where such restrictions are necessary to the performance of the tasks referred in Article 70 of Directive (EU) 2024/1640 and Article 76 of Regulation (EU) 2024/1624.
Liability of the Authority
1. In the case of non-contractual liability, the Authority shall, in accordance with the general principles common to the laws of Member States, make good any damage caused by it or by its staff in the performance of their duties. The Court of Justice of the European Union shall have jurisdiction in any dispute over the remedying of such damage.
2. The personal financial liability and disciplinary liability of the Authority’s staff towards the Authority shall be governed by the relevant provisions applying to the staff of the Authority.
Delegated acts
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Articles 27 and 77 shall be conferred on the Commission for an indeterminate period of time from 27 December 2024.
3. The delegation of power referred to in Articles 27 and 77 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 27 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
7. A delegated act adopted pursuant to Article 77 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
