The AMF invites financial market participants to AMLA’s consultations on three draft AML/CFT implementing standards

These draft RTS provide important clarifications on key aspects for implementing the provisions of the new European anti-money laundering and combatting the financing of terrorism (AML/CFT) regulatory package.

This public consultation opened on 9 February and will run for one to three months, depending on the draft RTS in question. The aim is to involve all stakeholders in the drafting of these RTS and to gather their input. AMLA therefore invites all interested parties, whether from the financial or non-financial sector, to comment on each consultation paper, and in particular on the specific issues summarised in section 5.2 of each.

This consultation is of particular interest to collective investment management companies, financial investment advisors, crowdfunding service providers (soon to be fully obliged) and crypto-asset services providers.

Key points of the four draft RTS submitted for consultation

Customer due diligence measures (CDD RTS)

Regulation (EU) 2024/1624 of 31 May 2024 (AMLR) requires AMLA to draw up a draft RTS for customer due diligence (“CDD”) specifying, in particular, the information that obliged entities will have to collect on the basis of the risks identified, as well as the sources of information that can be used to verify the identity of natural persons and legal entities. 

In March 2025, the European Banking Authority (EBA) prepared and launched a public consultation on a first draft of the CDD RTS. AMLA has continued this work and made a number of changes to EBA's draft CDD RTS, seeking, in particular, to ensure legal clarity, proportionality and adaptation to risks. AMLA has published a document identifying the changes made to EBA’s first draft.

The draft CDD RTS also defines:

• the measures applicable in the event of a remote customer onboarding;
• the measures to be taken to identify and understand the purpose and nature of the business relationship;
• the specific measures relating to the identification of politically exposed persons;
• the sectoral measures that can be implemented, particularly for asset managers, as well as the additional requirements applicable in the case of enhanced due diligence; and
• the measures required to verify whether the client or beneficial owner is subject to targeted financial sanctions.

The draft CDD RTS is likely to have a significant impact on the way in which obliged entities implement their CDD obligations. It presents major challenges for collective investment management companies, in particular with regard to the sectoral measures applicable when a collective investment undertaking distributes its units or shares through another obliged entity that is acting in its own name, but on behalf of or for the benefit of one or more final investors (Article 17).

The draft RTS consultation is open until 8 May 2026.

Identification of business relationships, occasional and linked transactions

The AMLR Regulation requires AMLA to develop draft RTS that set out the criteria for identifying business relationships, occasional transactions and linked transactions. This distinction is fundamental: when there is a business relationship, obliged entities must always implement customer due diligence measures, whereas for occasional transactions, these measures are only required when the value of the transaction exceeds certain thresholds defined by the draft RTS. Identifying linked transactions is also important in order to prevent these thresholds being circumvented.

The criteria set out in this draft RTS apply to all obliged entities, whether in the financial or the non-financial sector, including crowdfunding service providers (CSPs). While some criteria are cross-cutting, others are tailored to specific categories of obliged entity.

The draft RTS consultation is open until 8 May 2026.

Pecuniary sanctions, administrative measures and periodic penalty payments (Sanctions RTS)

AMLA must draw up draft RTS on pecuniary sanctions, administrative measures and periodic penalty payments for the purposes of defining:

• the indicators for assessing and classifying the gravity of breaches;
• the criteria for setting the level of pecuniary sanctions and applying administrative measures; and
• the methodology for imposing periodic penalty paymentswhen obliged entities fail to comply with certain administrative measures within the requisite deadlines.

This draft RTS aims to ensure that the same breach is assessed in the same way by all supervisors in all Member States, and that the resulting punitive measures are proportionate, effective and dissuasive.

The European Banking Authority (EBA) prepared and launched a public consultation in March 2025 on a first draft of the Sanctions RTS, focusing on the financial sector. The AMLA has picked up this work and made certain changes to EBA's draft Sanctions RTS, extending it to the non-financial sector, which includes CSPs in particular.

This draft RTS:

• establishes a list of indicators to be taken into account by the supervisory authorities when assessing the level of gravity of breaches and categorising them according to a four-level scale, whereby level 3 and level 4 breaches are deemed to be serious, repeated or systematic, and entail the adoption of pecuniary sanctions;
• defines the criteria to be taken into account by the competent authorities when setting the level of pecuniary sanctions and applying administrative measures (such as the restriction or limitation of activities; divestment of activities; withdrawal or suspension of authorisation; modification of the governance structure) and the circumstances which may lead to an increase or reduction in the amount of pecuniary sanctions;
• determines the methodology for the imposition of periodic penalty payments, in particular as regards the decision to impose such a penalty, as well as the calculation and payment thereof. 

The draft RTS also includes provisions concerning natural persons who are not themselves obliged entities, including senior executives and members of the management body in its supervisory function, as well as on procedural aspects for the imposition of periodic penalty payments (e.g. the right to be heard or the limitation period for the recovery of periodic penalty payments).

The draft RTS consultation is open until 9 March 2026.

Consultation period and next steps

• Consultation period: between one and three months depending on the RTS in question
• Public hearings (CDD and business relations RTS): 24 March 2026
• Deadline for submitting draft RTS to the European Commission: 10 July 2026