Subject matter and scope of application

These Guidelines fulfil the mandate to issue guidelines in accordance with Article 36, first and second subparagraphs, of Regulation (EU) 2023/1113² .

² Regulation (EU) 2023/1113 of the European Parliament and of the Council of 31 May 2023 on information accompanying transfers of funds and certain crypto-assets and amending Directive (EU) 2015/849 (OJ L150, 9.6.2023, p. 1).

Specifically, these Guidelines:

• a) set out the factors that payment service providers (PSPs), intermediary payment service providers (IPSPs), crypto-asset service providers (CASPs) and intermediary crypto-asset service providers (ICASPs) should consider when establishing procedures to detect and manage transfers of funds and crypto-assets lacking the required information on the payer/originator and/or the payee/beneficiary, and to ensure that these procedures are effective;
• b) specify what PSPs, CASPs, IPSPs and ICASPs should do to manage the risk of money laundering (ML) or terrorist financing (TF) where the required information on the payer, originator, payee or beneficiary is missing or incomplete;
• c) specify technical aspects of the application of Regulation (EU) 2023/1113 to direct debits.

In addition, these Guidelines fulfil the mandate to issue guidelines in accordance with Article 19a(2) of Directive (EU) 2015/849³ specifying measures in relation to the identification and assessment of the risks of money laundering and terrorist financing associated with the transfer of crypto-assets directed to or originating from a self-hosted address.

³ Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).