Recital 167

(167) In order to ensure consistent application of AML/CFT requirements, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of identifying high-risk third countries, third countries with compliance weaknesses and third countries posing a specific and serious threat to the Union’s financial system as well as countermeasures or specific enhanced due diligence measures mitigating risks stemming from such third countries; identifying additional cases of higher risk affecting Union and associated enhanced due diligence measures; identifying common additional categories of prominent public functions; identifying the categories of corporate entities associated with higher risks and the associated lower thresholds for the purpose of identifying beneficial ownership through ownership interest; defining the categories of breaches of beneficial ownership transparency requirements that are subject to penalties and the persons liable for them, the indicators to classify the level of gravity of those breaches and the criteria to be taken into account when setting the level of penalties. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (29). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

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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.