AMLR Articles 81–90

Welcome to the final part of our blog series on the EU AMLR. In the previous parts, we have reviewed key elements of the new framework for preventing money laundering and terrorist financing. Last week’s article addressed, among other things, the rules on anonymous accounts and large cash payments, where we also examined why these issues are particularly important for obliged entities and how they affect businesses’ internal controls. For those seeking to understand the full picture, it is valuable to read that part as well, as Articles 81–90 show how EU cooperation is intended to work in practice.

The final articles are not primarily concerned with customer due diligence, transaction monitoring or the reporting of suspicious activities. Instead, they focus on how different authorities and bodies are to cooperate, how the Regulation is to be monitored and developed over time, and when it is to start applying. For obliged entities, this is important because AML work is not only about internal processes. It is also about understanding how information moves between financial intelligence units, supervisory authorities and EU bodies.

For companies and other obliged entities, this means that AML compliance increasingly needs to be designed from an EU perspective. National procedures will no longer be sufficient unless they are also aligned with EU cooperation and the requirements arising from an increasingly integrated regulatory framework.

Article 81 AMLR – When financial intelligence units must provide information to EPPO

Article 81 concerns cooperation between financial intelligence units and the European Public Prosecutor’s Office, EPPO. Under the Article, financial intelligence units must report the results of their analyses and other relevant information to EPPO without undue delay where there are reasonable grounds to suspect money laundering or other criminal activity falling within EPPO’s competence. The Article also means that AMLA, in consultation with EPPO, must develop technical standards by 10 July 2026 on how reporting is to take place. This must include the format in which information is to be provided to EPPO.

Article 82 AMLR – When EPPO may provide or withhold information

Article 82 regulates the reverse situation, namely where a financial intelligence unit requests information from EPPO. EPPO must respond without undue delay to reasoned requests for information where the information is needed for the financial intelligence unit to perform its tasks.

At the same time, EPPO may postpone or refuse to provide information if doing so would be likely to prejudice an ongoing investigation or affect confidentiality. If EPPO refuses or decides to postpone the provision of information, EPPO must inform the financial intelligence unit of the decision and the reasons for it in good time.

Article 83 AMLR – When financial intelligence units must provide information to OLAF

Article 83 concerns cooperation between financial intelligence units and OLAF, the European Anti-Fraud Office (OLAF). As in relation to EPPO, financial intelligence units must transmit the results of their analyses and share information with OLAF without delay where there are reasonable grounds to suspect criminal conduct affecting the EU’s financial interests, such as fraud or corruption. This is important because money laundering is often closely connected to other financial crime.

Financial intelligence units must respond to requests from OLAF in good time. Article 83 also allows financial intelligence units and OLAF to exchange strategic analyses, typologies and risk indicators.

Article 84 AMLR – When OLAF may refuse to provide information

Article 84 corresponds to Article 82 but regulates OLAF rather than EPPO. OLAF must respond to reasoned requests for information from financial intelligence units where the information is needed for those units to perform their tasks.

At the same time, OLAF may postpone or refuse to provide information if doing so could adversely affect an ongoing investigation. In such cases, OLAF must inform the financial intelligence unit of its decision and the reasons behind it.

Article 85 AMLR – The Commission’s power to adopt delegated acts

Article 85 concerns the Commission’s power to adopt delegated acts. Through delegated acts, the Commission can supplement or adjust certain parts of the regulatory framework without the entire Regulation having to be renegotiated. Delegated acts may, among other things, concern issues relating to third countries, enhanced customer due diligence requirements and beneficial ownership through ownership interests. The Commission must consult experts before adopting a delegated act. The Article also sets out how the European Parliament or the Council may object to delegated acts and the time limits within which this must be done.

For obliged entities, this means that the AML regulatory framework is not static. Businesses need processes for monitoring new delegated acts and assessing how they affect internal procedures.

Article 86 AMLR – The committee procedure and continued governance

Article 86 regulates the committee procedure to be used when the Commission implements certain parts of the regulatory framework. The Commission is to be assisted by the committee on the prevention of money laundering and terrorist financing established by Article 34 of Regulation (EU) 2023/1113 on information accompanying transfers of funds and certain crypto-assets.

Article 87 AMLR – Review of the Regulation and future changes

Article 87 states that, by 10 July 2032 and every three years thereafter, the Commission must review the application of the AMLR and how the Regulation is functioning. The Commission must submit a report to the European Parliament and the Council.

The first review must specifically assess two issues:

• How the national systems for reporting suspicions under Article 69 function and whether there are obstacles to, or opportunities for, creating a common reporting system at EU level.
• Whether the transparency framework for beneficial ownership is sufficient to reduce the risks associated with legal persons and legal arrangements.

These are central issues for the future of AML work. A common reporting system could change how obliged entities submit reports of suspicious activities. At the same time, the rules on beneficial ownership may be developed further if current levels are considered insufficient.

Article 88 AMLR – Potential future tightening of the regulatory framework

Article 88 shows that the EU is already considering further tightening of the regulatory framework.

By 10 July 2030, the Commission must submit reports to the European Parliament and the Council assessing the necessity and proportionality of several possible changes:

• Lowering the 25 per cent threshold for identifying beneficial ownership through ownership interests.
• Extending the rules and scope for high-value goods so that clothing and accessories are also covered.
• Extending the rules and scope concerning the reporting of certain transactions and harmonising how those transactions are reported.
• Adjusting the threshold for large cash payments.

Article 88 shows that the EU regards the AMLR as an area under continuous development. If the risks change, the rules may also change. For obliged entities, it is clear that AML work needs to be long-term and flexible. Businesses must be able to adapt to future changes.

Article 89 AMLR – The transition from the previous AML Directive

Article 89 concerns how references to the previous AML Directive, Directive (EU) 2015/849, are to be understood going forward. The provision means that references to Directive (EU) 2015/849 must instead be read as references to the AMLR and to Directive (EU) 2024/1640.

Article 90 AMLR – When the Regulation starts to apply

Article 90 concludes the AMLR by regulating entry into force and application. The Regulation entered into force 20 days after its publication in the Official Journal of the European Union. Most provisions will start to apply from 10 July 2027. For football agents and professional football clubs, however, later application applies, namely 10 July 2029.

What does this mean for obliged entities?

Articles 81–90 conclude the EU AMLR by clarifying how cooperation, information exchange, monitoring and future development are to function and be regulated. For obliged entities, the message is clear: compliance is becoming increasingly cross-border, coordinated and dependent on EU cooperation. This means that companies and other businesses need to work in a more structured way with legal issues, compliance and internal controls and procedures. This applies in particular to matters relating to reporting, documentation, ownership structures and international information flows.

At Morling Consulting, we assist obliged entities with advice on robust AML compliance, risk assessments, internal procedures and adaptation to the new regulatory framework. Our AML lawyers and experts in the money laundering regulatory framework support businesses in understanding how the new requirements affect their own organisation and how sustainable compliance work can be built over time.