SECTION 1 — Cooperation between FIUs and the EPPO
Cooperation between FIUs and the EPPO
1. Pursuant to Article 24 of Regulation (EU) 2017/1939, each FIU shall without undue delay report to the EPPO the results of its analyses and any additional relevant information where there are reasonable grounds to suspect that money laundering and other criminal activity 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 that Regulation.
By 10 July 2026, AMLA shall, in consultation with the EPPO, develop draft implementing technical standards and submit them to the Commission for adoption. Those draft implementing technical standards shall specify the format to be used by FIUs for reporting information to the EPPO.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the second subparagraph of this paragraph in accordance with Article 53 of Regulation (EU) 2024/1620.
2. FIUs shall respond in a timely manner to requests for information by the EPPO in relation to money laundering and other criminal activity as referred to in paragraph 1.
3. FIUs and the EPPO may exchange the results of strategic analyses, including typologies and risk indicators, where such analyses relate to money laundering and other criminal activity as referred to in paragraph 1.
Requests for information to the EPPO
1. The EPPO shall respond without undue delay to reasoned requests for information by an FIU where that information is necessary for the performance of the FIU’s functions under Chapter III of Directive (EU) 2024/1640.
2. The EPPO may postpone or refuse the provision of the information referred to in paragraph 1 where providing it would be likely to prejudice the proper conduct and confidentiality of an ongoing investigation. The EPPO shall communicate in a timely manner the postponement of or refusal to provide the requested information, including the reasons therefor, to the requesting FIU.
SECTION 2 — Cooperation between FIUs and OLAF
Cooperation between FIUs and OLAF
1. Pursuant to Article 8(3) of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council ( 48 ) , each FIU shall transmit without delay the results of its analyses and any additional relevant information to OLAF where there are reasonable grounds to suspect that fraud, corruption or any other illegal activity affecting the Union’s financial interests are being or have been committed in respect of which OLAF could exercise its competence in accordance with Article 8 of that Regulation.
2. FIUs shall respond in a timely manner to requests for information by OLAF in relation to fraud, corruption or any other illegal activity as referred to in paragraph 1.
3. FIUs and OLAF may exchange the results of strategic analyses, including typologies and risk indicators, where such analyses relate to fraud, corruption or any other illegal activity as referred to in paragraph 1.
Requests for information to OLAF
1. OLAF shall respond in a timely manner to reasoned requests for information by an FIU where that information is necessary for the performance of the FIU’s functions under Chapter III of Directive (EU) 2024/1640.
2. OLAF may postpone or refuse the provision of the information referred to in paragraph 1 where providing it would be likely to have a negative impact on an ongoing investigation. OLAF shall communicate such postponement or refusal to the requesting FIU in a timely manner, including the reasons therefor.
SECTION 3 — Other provisions
Exercise of the delegation
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 29, 30, 31, 34, 43, 52 and 68 shall be conferred on the Commission for an indeterminate period of time from 9 July 2024.
3. The delegation of power referred to in Articles 29, 30, 31, 34, 43, 52 and 68 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 29, 30, 31 or 34 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 1 month of notification of that act to the European Parliament and to 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 1 month at the initiative of the European Parliament or of the Council.
7. A delegated act adopted pursuant to Article 43, 52 or 68 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 3 months of notification of that act to the European Parliament and to 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 3 months at the initiative of the European Parliament or of the Council.
Committee procedure
1. The Commission shall be assisted by the Committee on the Prevention of Money Laundering and Terrorist Financing established by Article 34 of Regulation (EU) 2023/1113. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Review
By 10 July 2032, and every 3 years thereafter, the Commission shall review the application of this Regulation and submit a report to the European Parliament and to the Council.
The first review shall include an assessment of:
(a)
the national systems for reporting of suspicions pursuant to Article 69 and obstacles and opportunities to establish a single reporting system at Union level;
(b)
the adequacy of the beneficial ownership transparency framework to mitigate risks associated with legal entities and legal arrangements.
Reports
By 10 July 2030, the Commission shall submit reports to the European Parliament and to the Council assessing the necessity and proportionality of:
(a)
lowering the 25 % threshold for the identification of beneficial ownership of legal entities through ownership interest;
(b)
extending the scope of high-value goods to include high-value garments and accessories;
(c)
extending the scope of the threshold-based disclosures under Article 74 to cover the sale of other goods, of introducing harmonised formats for the reporting of those transactions based on the usefulness of those reports for FIUs, and of extending the scope of information collected from persons trading in free-trade zones;
(d)
adjusting the limit for large cash payments.
Relation to Directive (EU) 2015/849
References to Directive (EU) 2015/849 shall be construed as references to this Regulation and to Directive (EU) 2024/1640 and read in accordance with the correlation table set out in Annex VI to this Regulation.
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 10 July 2027, except in relation to obliged entities referred to in Article 3, points (3)(n) and (o), to which it shall apply from 10 July 2029.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
