4. Amendments

Guideline EBA/GL/2022/04 is amended as follows:

Paragraph 2 is replaced as follows:

‘5. These Guidelines concern the assessment by competent authorities of whether the confidentiality and professional secrecy regime to which the third-country authorities mentioned in the Annex are subject is equivalent to the conditions set out in Title VII, Chapter 1, Section II of Directive 2013/36/EU¹¹ ; in Article 24 of Di-rective (EU) 2015/2366¹² ; in Chapter VI, Section 3, Subsection IIIa of Di-rective (EU)2015/849¹³ ; in Article 84 and 98 of Directive 2014/59/EU¹⁴ and in Article 100 of Regulation (EU) 2023/1114¹⁵ .’

Paragraph 3 is replaced as follows:

‘6. These guidelines apply to competent authorities’ assessment of the equivalence of the confidentiality regime to which the third-country supervisory authorities listed in the An-nex are subject to for the following purposes:

11 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institu-tions and investment firms, amending Directive 2002/87/EC and repealing Directives

2006/48/EC and 2006/49/EC (OJ L 176 27.6.2013, p. 338, ELI : http://data.eu-

ropa.eu/eli/dir/2013/36/oj).

12 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive

2007/64/EC (OJ L 337 23.12.2015, p. 35, ELI: http://data.europa.eu/eli/dir/2015/2366/oj ).

13 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, ELI: http://data.eu-

ropa.eu/eli/dir/2015/849/oj ).

14 Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and invest-ment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European

Parliament and of the Council ( OJ L 173, 12.6.2014, p. 190, ELI: http://data.eu-

ropa.eu/eli/dir/2014/59/oj ).

15 Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (OJ L 150, 9.6.2023, p. 40,

ELI: http://data.europa.eu/eli/reg/2023/1114/oj ).

• a. in order to conclude cooperation arrangements with the third-country authority in ac-cordance with Article 55 of Directive 2013/36/EU and Article 107(5) of Regula-tion (EU) 2023/114 also for the purposes of Article 24 of Directive (EU) 2015/2366 and Article 57a (5) of Directive (EU) 2015/849, or in accordance with Article 97 and 98 (1) of Directive 2014/59/EU; and
• b. in order to enable the participation of the third-country authority in supervisory and resolution colleges in accordance with Article 116 (6) of Directive 2013/36/EU and Ar-ticles 88 and 89 of Directive 2014/59/EU; and in AML/CFT colleges in accordance with Chapter VI, Section 3, Subsection IIIa of Directive (EU) 2015/849 and the AML/CFT Col-leges Guidelines¹⁶ .’

¹⁶ Joint guidelines on cooperation and information exchange for the purpose of Directive (EU) 2015/849 be-tween competent authorities supervising credit and financial institutions (the AML/CFT Colleges Guidelines) of 16 December 2019, (JC 2019/81).

Paragraph 4 is replaced by the following:

‘7. These guidelines are addressed to (i) competent authorities as defined in point (2) of Article 4 of Regulation (EU) No 1093/2010 and (ii) competent authorities as defined in point (35) of Article 3(1) of Regulation (EU) 2023/1114.’

Paragraph 5 is replaced by the following

‘8. Unless otherwise specified, terms used and defined in Directive 2013/36/EU, Di-rective (EU) 2015/2366, Directive 2014/59/EU, Directive (EU) 2015/849 and Regula-tion (EU) 2023/1114 have the same meaning in the Guidelines.’

Paragraphs 6 and 7 are renumbered as paragraphs 9 and 10 respectively.

Paragraph 9 is replaced by the following:

‘9. For the purposes of applying Article 55 of Directive 2013/36/EU also in accordance with Article 24 of Directive (EU) 2015/2366) and 57a (5) of Directive (EU) 2015/849, Article 97 and 98 (1) of Directive 2014/59/EU, Article 116 (6) of CRD and Articles 88 and 89 of Di-rective 2014/59/EU, the AML/CFT Colleges Guidelines and Article 107(5) of Regula-tion (EU) 2023/1114, competent authorities should consider the professional secrecy and confidentiality regime of the third-country authorities referred to in the Annex as equiva-lent to that set out in:

• a. Title VII, Chapter 1, Section II of Directive 2013/36/EU,
• b. Article 24 of Directive (EU) 2015/2366,
• c. Article 84 and 98 of Directive 2014/59/EU,
• d. Chapter VI, Section 3, Subsection IIIa of Directive (EU) 2015/849,
• e. Article 100 of Regulation (EU) 2023/1114,

where relevant depending on the competences of the third-country authority’.

The Annex is amended as follows:

• a. The footnote 12 is replaced by the following:

‘This column indicates whether the provisions applicable to a third-country authority have been assessed with respect to relevant provisions in Directive 2013/36/EU (1), Di-rective (EU) 2015/2366 (2), Directive (EU) 2015/849 (3), Directive 2014/59/EU (4), and Regulation (EU) 2023/1114 (5).’

• b. The following table is inserted after the table concerning the Australian Prudential Regulation Authority:

AUTHORITY AS- SCOPE OF AS- PRINCIPLE 1 PRINCIPLE 2 PRINCIPLE 3 PRINCIPLE 4 ADDITIONAL INFOR- OVERALL SESSED SESSMENT NOTION OF CONFI- OBLIGATION OF PRO- USE OF CONFIDENTIAL RESTRICTIONS ON THE MATION ASSESSMENT DENTIAL INFOR- FESSIONAL SECRECY INFORMATION DISCLOSURE OF CONFI- SANCTIONS IN CASES MATION DENTIAL INFOR- OF BREACHES OF OBLI-MATION GATIONS

AUSTRALIA (3) Part 1, section 5 and Part 11, sections 121, Part 11, sections 125 Part 11 of the AML Act Part 11, sections 121 Equivalent Part 11, section 212 184 and 224 of the AML to 129, section 134 and and Part 15, Sec-Australian Trans- of the Anti -Money Act section 212(3) of the tion 198 of the AML

• c. The table concerning the China Banking and Insurance Regulatory Commission is replaced by the following:

AUTHORITY AS- SCOPE OF AS- PRINCIPLE 1 PRINCIPLE 2 PRINCIPLE 3 PRINCIPLE 4 ADDITIONAL INFOR- Overall Assess-

• d. The table concerning the Central Bank of Montenegro is replaced by the following:

AUTHORITY AS- SCOPE OF AS- PRINCIPLE 1 PRINCIPLE 2 PRINCIPLE 3 PRINCIPLE 4 ADDITIONAL INFOR- Overall Assess-

• e. The following table is inserted after the table concerning the Central Bank of Montenegro:

AUTHORITY AS- SCOPE OF AS- PRINCIPLE 1 PRINCIPLE 2 PRINCIPLE 3 PRINCIPLE 4 ADDITIONAL INFOR- Overall Assess-

• f. The table concerning the National Bank of Serbia is replaced by the following:

AUTHORITY AS- SCOPE OF AS- PRINCIPLE 1 PRINCIPLE 2 PRINCIPLE 3 PRINCIPLE 4 ADDITIONAL INFOR- Overall Assess-

AUTHORITY AS- SCOPE OF AS- PRINCIPLE 1 PRINCIPLE 2 PRINCIPLE 3 PRINCIPLE 4 ADDITIONAL INFOR- Overall Assess-