Recital 10

(10) With a view to strengthening AML/CFT rules at Union level, enhancing the clarity of those rules while ensuring consistency with international standards and other legislation, and increasing the efficiency of the implementation of AML/CFT measures, including in the non-financial sector, it is necessary to establish the coordinating role of the Authority at Union level in relation to obliged entities in both the financial and the non-financial sectors for the purposes of assisting national supervisors and promoting supervisory convergence. Consequently, the Authority should be mandated to prepare draft regulatory and implementing technical standards and to adopt guidelines, recommendations and opinions with the aim of ensuring that, where supervision remains at national level, the same supervisory practices and standards apply in principle to all comparable entities. In addition, the Authority should be tasked with monitoring and measuring the degree of convergence and the consistent application of legal requirements and high supervisory standards by supervisory authorities and obliged entities. The Authority should be entrusted, due to its highly specialised expertise, with the development of a supervisory methodology in line with a risk-based approach. Certain aspects of the methodology, which can incorporate harmonised quantitative benchmarks, such as approaches for classifying the risk profile of obliged entities, including their inherent and residual risk profiles, should be detailed in directly applicable binding regulatory measures — regulatory or implementing technical standards — taking into account ML/TF risks in prudential supervision, in order to ensure effective interaction between AML/CFT supervision and prudential supervision. Other aspects of the methodology, which require wider supervisory discretion, such as approaches to assessing the internal controls of obliged entities, should be covered by non-binding guidelines, recommendations and opinions of the Authority. The harmonised supervisory methodology should take due account of and, where appropriate, leverage existing supervisory methodologies relating to other aspects of supervision of obliged entities in the financial sector, especially where there is interaction between AML/CFT supervision and prudential supervision. More specifically, the supervisory methodology to be developed by the Authority should complement the guidelines and other instruments developed by the European Supervisory Authority (European Banking Authority) (EBA) established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council (6) detailing the approaches of prudential supervisory authorities with respect to taking into account ML/TF risks in prudential supervision, in order to ensure effective interaction between AML/CFT supervision and prudential supervision. A harmonised supervisory methodology would also enable the development of common supervisory tools for interactions with, and data requests from, obliged entities across the entire supervisory system. The Authority should be able to coordinate the development of such tools in the form of structured questionnaires, based online or offline, and integrated into a single platform for interaction with obliged entities and among supervisors within the system. Such a platform would not only facilitate supervisory processes and harmonised supervisory approaches, but also avoid duplicative reporting requirements and the imposition of an excessive burden on obliged entities under supervision whether at Union or at national level.

← Recital 9 · All articles · Recital 11 →

Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.