Guideline 3: Establishing and maintaining an AML/CFT college

3.1 Where the conditions set out in Guideline 2 are met, the lead supervisor, in cooperation with the competent authorities of the cross-border and EU establishments, should establish and maintain an AML/CFT college.

3.2 The lead supervisor should prioritise the establishment of AML/CFT colleges for those firms operating on a cross-border basis and EU establishments that are classified as high risk for ML/TF purposes, following the risk assessment carried out in line with the Risk-Based Supervision Guidelines, and take into consideration relevant information published by the European Commission, including the European Commission’s Supranational Risk Assessment published in line with Article 6 of Directive (EU) 2015/849.

3.3 Where a college has not been established by the lead supervisor despite the relevant conditions set out in these guidelines having been met, competent authorities of cross-border and EU establishments of the cross-border firm for which the college has not been established should write to the lead supervisor stating why a college should be established. As part of this communication, competent authorities should set out:

• (a) why they consider the conditions for setting up a college to have been met;
• (b) the ML/TF risk associated with the relevant cross-border or EU establishment, including in particular any indications of breaches or potential breaches of the Anti-Money Laundering Directive (AMLD) framework at the individual level or at group level; and
• (c) the impact that the non-establishment of a college would have on their supervisory functions and in particular their ability to effectively monitor the cross-border or EU establishment’s compliance with its AML/CFT obligations. The lead supervisor should provide a reasoned response to the competent authorities within a month of receiving the written request. If the lead supervisor does not set up a college and the competent authorities disagree with the reasons provided, they should contact the EBA with a request for non-binding mediation with regard to whether the college should be established.

3.4 Where the EBA is of the view that a college should be established and the lead supervisor does not establish the college:

• (a) where requested by competent authorities of cross-border and EU establishments, the lead supervisor should send without undue delay all information necessary to enable them to effectively supervise the cross-border and EU establishments within their remit;
• (b) consideration may be given to whether Article 9b of Regulation 1093/2010 should apply; and
• (c) the non-establishment of the college should be deemed as the lead supervisor being non-compliant with these guidelines.

3.5 Where a competent authority has not received the information requested from the lead supervisor in accordance with point (a) of paragraph 3.4, it should send to the EBA a request for binding mediation.

1. Přehled

1.1 Odkazy

1.2 Identifikované požadavky

1.3 Související standardy

2. Identifikované požadavky

3. Související standardy

• EBA -

  EN: Guidelines and other publications of the European Banking Authority (EBA), https://www.eba.europa.eu/. © European Banking Authority. Reproduction is authorised provided the source is acknowledged (EBA legal notice). Divided into sections and converted into the GRCA format, the wording unchanged. Only the versions published by the EBA are authoritative.

  DE: Leitlinien und weitere Veröffentlichungen der Europäischen Bankenaufsichtsbehörde (EBA), https://www.eba.europa.eu/. © European Banking Authority. Wiedergabe mit Quellenangabe gestattet (Rechtlicher Hinweis der EBA). In Abschnitte aufgeteilt und in das GRCA-Format umgewandelt, der Wortlaut unverändert. Maßgeblich sind allein die von der EBA veröffentlichten Fassungen.