Complex rules, clearly seen.

The inherited rulebook

Eleven instruments issued by the European Banking Authority or adopted by the Commission still apply to obliged entities and supervisors today. None of the AMLA drafts intended to replace them has yet been adopted by the Commission. This page sets each of them against the AMLA instrument intended to replace it, and says where that replacement has got to. Four of the eleven have no published successor at all.

11

instruments inherited from the EBA and the Commission that apply to firms and supervisors today.

8

of them are guidelines. Article 54(5) AMLAR keeps them applicable, provided that they are still relevant, until AMLA guidelines on the same subject start to apply.

4

have no AMLA successor instrument that has been published or consulted on.

Why text written for a repealed Directive is still the law

Two different mechanisms keep the old rulebook standing. Eight of the eleven instruments below are guidelines, and they survive under Article 54(5) of Regulation (EU) 2024/1620, which provides, in full:

The guidelines and recommendations issued by the Authority shall replace the guidelines and recommendations previously issued by the EBA or by supervisors and FIUs on the same subject. Provided that they are still relevant, the guidelines and recommendations issued by the EBA, or by supervisors and FIUs pursuant to Directive (EU) 2015/849 of the European Parliament and of the Council and Regulation (EU) 2023/1113 shall remain applicable until such time as the new guidelines and recommendations issued by the Authority on the same subject start to apply. The Authority shall provide for a suitable transition period for the application of the new guidelines and recommendations.

Three phrases in that paragraph decide a great deal. Provided that they are still relevant makes the survival conditional, and the provision does not say who judges relevance or how a firm would learn of a judgement. Start to apply is later than adoption and later than entry into force, so the old text governs through the gap. And a suitable transition period is promised without being defined.

The other three instruments are technical standards, adopted as Commission delegated regulations. Article 54(5) does not reach them. They apply because they are directly applicable Union law that has not been repealed or replaced. Regulation (EU) 2024/595 rests on Article 9a of Regulation (EU) No 1093/2010, which Article 103 of Regulation (EU) 2024/1620 deleted with effect from 31 December 2025. Under Article 106(1) of Regulation (EU) 2024/1620, the EBA may continue to receive, analyse and make available the database information on AMLA’s behalf under a bilateral agreement that cannot run beyond 30 June 2027. Article 77 of Directive (EU) 2024/1640 repeals Directive (EU) 2015/849 with effect from 10 July 2027 and says nothing about delegated acts adopted under it. Whether Regulations (EU) 2019/758 and 2018/1108 continue to apply after that date is discussed at Tracker item 35.

What applies now, and what is to replace it

TypeLegal basisWhat applies todayWhat is to replace itTracked at

Four things the table shows

Abbreviations

AML/CFT
anti-money laundering and countering the financing of terrorism – the two duties this body of law almost always imposes together
AMLA
the EU Authority for Anti-Money Laundering and Countering the Financing of Terrorism, seated in Frankfurt. It will directly supervise a small number of high-risk cross-border firms, coordinate national supervisors, and it drafts most of the technical standards tracked on these pages
FATF
Financial Action Task Force, the global standard-setter. Its Recommendations are not law, but EU law is built to implement them and its listing decisions drive the EU high-risk list

A published reference, not advice to any particular firm; reading it creates no professional relationship.
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