Artículo 49 Colegios de supervisores de LBC/LFT en el sector financiero

1.   Member States shall ensure that dedicated AML/CFT supervisory colleges are set up by the financial supervisor in charge of the parent undertaking of a group of credit institutions or financial institutions or of the head office of a credit institution or financial institution in any of the following situations:

2.   The permanent members of the college shall be the financial supervisor in charge of the parent undertaking or of the head office, the financial supervisors in charge of establishments in host Member States and the financial supervisors in charge of infrastructure in host Member States pursuant to Article 38.

3.   This Article shall not apply when AMLA acts as a supervisor.

4.   The activities of the AML/CFT supervisory colleges shall be proportionate to the level of the money laundering and terrorist financing risks to which the credit institution or financial institution or the group is exposed, and to the scale of its cross-border activities.

5.   For the purposes of paragraph 1, Member States shall ensure that financial supervisors identify:

6.   In situations other than those covered by Article 38, where credit institutions or financial institutions carry out activities in other Member States under the freedom to provide services, the financial supervisor of the home Member State may invite the financial supervisors of those Member States to participate in the college as observers.

7.   Where a group of credit institutions or financial institutions includes any obliged entity in the non-financial sector, the financial supervisor setting up the college shall invite the supervisors of those obliged entities to participate in the college.

8.   Member States may allow the setting-up of AML/CFT supervisory colleges when a credit institution or financial institution established in the Union has set up establishments in at least two third countries. Financial supervisors may invite their counterparts in those third countries to set up such college. The financial supervisors participating in the college shall establish a written agreement detailing the conditions and procedures of the cooperation and exchange of information.

9.   Member States shall ensure that colleges are used, among others, for exchanging information, providing mutual assistance or coordinating the supervisory approach to the group or institution, including, where relevant, the taking of appropriate and proportionate measures to address serious breaches of Regulations (EU) 2024/1624 and (EU) 2023/1113 that are detected at the level of the group or of the credit institution or financial institution or across the establishments set up by the group or institution in the jurisdiction of a supervisor participating in the college.

10.   AMLA may attend the meetings of the AML/CFT supervisory colleges and shall facilitate their work in accordance with Article 31 of Regulation (EU) 2024/1620. Where AMLA decides to participate in the meetings of an AML/CFT supervisory college, it shall have the status of an observer.

11.   Financial supervisors may allow their counterparts in third countries to participate as observers in AML/CFT supervisory colleges in the case referred to in paragraph 1, point (b) or where Union groups or credit institutions or financial institutions operate branches and subsidiaries in those third countries, provided that:

Member States shall ensure that financial supervisors setting up the colleges carry out an assessment of whether the conditions of the first subparagraph are met and submit it to the permanent members of the college. That assessment shall be carried out prior to the third-country counterpart being allowed to join the college and may be repeated as necessary thereafter. The financial supervisors of the home Member State may seek the support of AMLA for the performance of that assessment.

12.   Where deemed necessary by the permanent members of the college, additional observers may be invited, provided that confidentiality requirements are complied with. Observers may include prudential supervisors, including the ECB acting in accordance with Council Regulation (EU) No 1024/2013 (43), as well as the European Supervisory Authorities and FIUs.

13.   Where the members of a college disagree on the measures to be taken in relation to an obliged entity, they may refer the matter to AMLA and request its assistance in accordance with Article 33 of Regulation (EU) 2024/1620.

14.   By 10 July 2026, AMLA shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall specify:

Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 49 to 52 of Regulation (EU) 2024/1620.