Recital 40

(40) With the objective of increasing the efficiency of the implementation of AML/CFT measures also in the non-financial sector, the Authority should also be able to investigate possible breaches or incorrect application of Union law by supervisors in that sector as well as by public authorities overseeing self-regulatory bodies. Where the Authority establishes that a breach exists, it should be able to issue a recommendation vis-à-vis the non-financial supervisor or supervisory authority concerned specifying the measures to be taken to rectify it. Where no appropriate action has been taken in response to that recommendation, the Authority should also be able to issue a warning to the relevant counterparties of the supervisory authority or non-financial supervisor. The powers of the Authority to issue such recommendations and warnings are without prejudice to the powers of the Commission to launch infringement procedures against Member States where it detects a situation of non-implementation or poor implementation of Union law, in accordance with the powers conferred on it under the Treaties.

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