Milestone
Evaluation and review
EU Commission to report to the EU Parliament and the Council of the EU on AMLA’s performance in relation to its objectives, mandate, tasks and location, in accordance with the EU Commission’s guidelines. The report must, in particular, address:
- the possible need to amend the mandate of AMLA, and the financial implications of any such amendment;
- the impact of all AMLA supervisory activities and tasks on the interests of the EU, and specifically the effectiveness of:
- supervisory tasks and activities related to direct supervision of selected obliged entities;
- indirect supervision of non-selected obliged entities;
- indirect oversight of other obliged entities;
- the impact of the activities related to support and coordination of FIUs, and in particular the coordination of the joint analyses of cross-border activities and transactions conducted by FIUs;
- the impartiality, objectivity and autonomy of AMLA;
- the appropriateness of governance arrangements, including the composition of, and voting arrangements in, the Executive Board and its relationship with the General Board;
- the cost effectiveness of AMLA, if appropriate, separately in relation to its distinct sources of funding;
- the effectiveness of the recourse mechanism against AMLA decisions and the independence and accountability arrangements applicable to AMLA;
- the effectiveness of cooperation and information sharing arrangements between AMLA and non-AML/CFT authorities;
- the interaction between AMLA and the other EU supervisory authorities and bodies, including the EBA, Europol, Eurojust, OLAF and the EPPO;
- the scope of direct supervision and the criteria and methodology for the assessment and selection of entities for direct supervision;
- the effectiveness of AMLA’s supervisory and sanctioning powers;
- the effectiveness of, and convergence in, supervisory practices reached by supervisory authorities and the role of AMLA therein.
EU Commission to report on the above every five years. The report must also examine whether:
- AMLA’s resources are sufficient to carry out its responsibilities;
- it is appropriate to confer additional supervisory tasks on AMLA regarding obliged entities in the non-financial sector, specifying, as appropriate, the types of entities that should be subject to the additional supervisory tasks;
- it is appropriate to confer additional tasks on AMLA in the area of support and coordination of the work of FIUs;
- it is appropriate to confer additional sanctioning powers on AMLA.
EU Commission to provide, in every second report, a thorough review of the results achieved by AMLA having regard to its objectives, mandate, tasks and powers, including an assessment of whether the continuation of AMLA is still justified with regard to these objectives, mandate and tasks.