Updated 18/09/2024
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EBAR ToolDelegated Regulation 2024/595
Article 10

Article 10 - Making information available to the reporting authorities

Article 10

Making information available to the reporting authorities

1.   The EBA shall provide the reporting authorities with the information received in accordance with this Regulation and analysed in accordance with Article 9 in all of the following situations:

(a)

following a request received from the reporting authority for information about financial sector operators relevant for the supervisory activities of that authority with regard to the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, as specified in Article 9a(3) of Regulation (EU) No 1093/2010;

(b)

on the EBA’s own initiative, including for the following cases on a risk-based approach:

(i)

to the lead supervisor, group supervisor, consolidating supervisor or group level resolution authority, where a college has been established but the information has not been disseminated therein in accordance with Article 6, point (j), and Article 7, point (i), of this Regulation and the EBA deems the information relevant for that college;

(ii)

where no college has been established, but the financial sector operator is part of a cross-border group or has branches or operates through agents or distributors in other countries and the EBA deems the information relevant for the authorities supervising such group entities, branches, agents or distributors.

2.   The request referred to in paragraph 1, point (a), shall specify the following:

(a)

the identification of the requesting reporting authority and the authority enabling the indirect submission as referred to in Article 12(4), as applicable;

(b)

the identity of the financial sector operator concerned by the request;

(c)

whether the request concerns the financial sector operator or a natural person;

(d)

why the information is relevant for the requesting reporting authority and its supervisory activities with regard to the prevention of the use of the financial system for the purpose of money laundering or terrorist financing;

(e)

the intended use of the requested information;

(f)

the date by which the information should be received, if any, and a justification for that date;

(g)

whether there is a degree of urgency, and a justification for that urgency;

(h)

any additional information that may assist the EBA while processing the request, or which is requested by the EBA.

3.   Where natural persons are concerned, requests referred to in paragraph 1, point (a), and the provision of information in accordance with paragraph 1, point (b), shall be made in accordance with Annex II.