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Article 5 - General information

Article 5

General information

1.   Reporting authorities shall provide the EBA with all of the following general information:

(a)

the identification of the reporting authority, including the specification whether it is the home or host AML/CFT authority and, where Article 12(4) applies, the identification of the authority submitting that information indirectly;

(b)

the identification of the financial sector operator and of its branches, of the agents as defined in Article 4, point (38), of Directive (EU) 2015/2366, and of distributors, including the type of financial sector operator and, where applicable, the type of establishment, where that operator, or its branches, agents, or distributors are concerned by the material weakness or the measure taken;

(c)

where the financial sector operator is part of a group, the identification of the Union parent financial sector operator and of the parent financial sector operator;

(d)

where the information is submitted by the European Central Bank, the Single Resolution Board, or the national reporting authority of the Member State where the financial sector operator has its registered office, or, if the financial sector operator has no registered office, of the Member State in which the head office of the financial sector operator is situated, the identification of the countries in which the financial sector operator operates branches and subsidiaries or operates through a network of agents and distributors;

(e)

where the financial sector operator is part of a group, information about any college in which the reporting authority participates, including information about the members, observers, and about the lead supervisor, group supervisor, consolidating supervisor or group level resolution authority of that college;

(f)

whether there is a central contact point as referred to in in Article 45(9) of Directive (EU) 2015/849, and, where applicable, its identification;

(g)

any other relevant information about the financial sector operator, branch, agent or distributor, including information about whether:

(i)

the financial sector operator is currently applying for authorisation, or is in the process of applying to exercise its right of establishment or its freedom to provide services, or of any other supervisory approvals;

(ii)

the financial sector operator is subject to any of the proceedings set out in Directive 2014/59/EU, or other insolvency proceedings;

(h)

information on the size of the activities of the financial sector operator and its branches, including, where applicable:

(i)

information on financial statements;

(ii)

the number of clients;

(iii)

the volume of assets under management;

(iv)

for an insurance undertaking, its annual gross written premium (GWP) and the size of its technical provisions;

(v)

for an insurance intermediary, the volume of premiums intermediated;

(vi)

for payment institutions and electronic money institutions, the size of the distribution network, including information on the number of agents and distributors.

2.   Prudential authorities shall, in addition to the information referred to in paragraph 1, submit all of the following information to the database:

(a)

the result of risk assessment determined on the basis of any relevant supervisory review process, including the supervisory reviews referred to in Article 97 of Directive 2013/36/EU and Article 36 of Directive 2009/138/EC of the European Parliament and of the Council (12), and of any other similar processes affected by the exposure of the financial sector operator, or of its branches, to the risk of money laundering or terrorist financing, including in the areas of internal governance, business model, operational risk, liquidity and credit risk;

(b)

any negative final assessment of, or decision on, an application for authorisation as a financial sector operator, including where a member of the management body does not meet the requirements on fitness and propriety, and including where such an assessment or decision is based on grounds of money laundering or terrorist financing.

Any reporting on natural persons for the purposes of point (b) shall be made in accordance with Annex II.

3.   AML/CFT authorities shall, in addition to the information referred to in paragraph 1, provide the EBA with the money laundering and terrorist financing risk profile of the financial sector operator and of its branches, and with available information about the money laundering and terrorist financing risk profile of the agents and distributors using the categories specified in Annex III.


(12)  Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).