AMLA consults on draft RTS’ on CDD measures and confirms priorities for 2026 to 2028

On 9 February 2026, the EU’s Anti-Money Laundering Authority (AMLA) launched consultations on three sets of draft regulatory technical standards (RTS). This followed the publication of AMLA’s ‘Single Programming Document 2026-2028’ outlining its priorities and planned activities as it moves from establishment phase to delivery phase.

The development of these detailed RTS’ represents an important practical step towards AMLA’s stated goals of ensuring consistent application of AML/CFT rules across all EU Members States, as well as closing regulatory gaps and reducing fragmentation.

Set out below are some initial details on the draft RTS’ and AMLA’s Single Programming Document.

1. Public consultations

With the commencement of the following three consultations, AMLA is making progress on important mandates set out in Regulation (EU) 2024/1624 (AML Regulation) and Directive (EU) 2024/1640 (AMLD 6):

• draft RTS on customer due diligence
• draft RTS on criteria for identifying business relationships, occasional transactions and linked transactions
• draft RTS on pecuniary sanctions, administrative measures and periodic penalty payments

During the consultation period, AMLA will hold an online public hearing on the draft RTS’ on CDD and business relationships and occasional and linked transactions. The hearing is currently scheduled for 24 March 2026, and AMLA will announce additional details in the future.

The consultation periods will end on 8 May 2026 (save for the consultation on draft RTS on pecuniary sanctions and administrative measures, which will end on 9 March 2026). AMLA will consider stakeholder feedback when preparing its final draft RTS’, which are each required to be submitted to the European Commission by 10 July 2026.

The underlying requirements in the AML Regulation will apply from 10 July 2027, which will give obliged entities up to one year to make necessary updates to the relevant AML/CFT policies, procedures, systems and controls in line with the RTS’. Credit and financial institutions and in-scope non-financial sector entities will need to start assessing what changes will be required and set key milestones so that they are ready for implementation in July 2027.

Draft RTS on customer due diligence

The AML Regulation imposes directly applicable customer due diligence (CDD) requirements on obliged entities. In accordance with Article 28(1) of the AML Regulation, the draft RTS on CDD specify, in more detail, how the CDD requirements in the AML Regulation should be applied. This includes the information and documents that may be collected and relied on to verify the identity of customers and beneficial owners in the context of standard, simplified and enhanced CDD.

The consultation paper states that the draft CDD measures are proportionate and risk-based, and flexible enough to ensure applicability across the range of products and services offered by obliged entities in both the financial and non-financial sectors.

The European Banking Authority (EBA) previously consulted on a version of the draft RTS following a ‘Call for Advice’ from the European Commission, and subsequently issued a further draft version to the Commission on 30 October 2025. Since then, the EBA has transferred all of its AML/CFT mandates to AMLA, and AMLA has continued to build on the mandates, as demonstrated by its recent consultations.

AMLA’s consultation paper on the draft RTS on CDD can be viewed here.

AMLA also issued the EBA’s draft version of the RTS published on 30 October 2025 with red track changes to highlight the amendments AMLA made to the EBA’s draft.

Draft RTS on criteria for identifying business relationships, occasional transactions and linked transactions

Article 19 of the AML Regulation specifies the circumstances that require an obliged entity to apply CDD measures, which includes but is not limited to:

• when establishing a ‘business relationship’
• when carrying out an ‘occasional transaction’ of a value that exceeds certain thresholds specified in Article 19, whether that transaction is carried out in a single operation or through ‘linked transactions’, or of a lower value laid down pursuant to Article 19(9) of the AML Regulation

Article 19(9) requires AMLA to develop draft RTS that specify:

• the criteria for identifying business relationships and occasional transactions
• the criteria for identifying linked transactions
• lower occasional transaction threshold values and the obliged entities, sectors or transactions that are associated with higher ML/TF risk and to which such lower occasional transaction threshold values than the value set out in Article 19(1)(b) applies (i.e. thresholds lower than €10,000)

The AML Regulation contains definitions for ‘business relationship’ and ‘linked transactions’, and these are often sufficient for obliged entities to properly identify the concepts in their business. However, in some instances, it is necessary to provide additional criteria to ensure that obliged entities identify business relationships and linked transactions properly and in a harmonised way throughout the EU.

The definitions should be key to an obliged entity’s assessment of whether a business relationship or linked transaction is established. The draft RTS provide criteria for certain elements of the definitions only. The mere fulfilment of any criterion in the draft RTS will not automatically indicate that the definition of a business relationship or a linked transaction is satisfied. The criteria are not conditional or exhaustive in relation to the definitions, and consequently, a business relationship or linked transactions may exist even in the absence of any of the criteria specified in the draft RTS.

As mentioned above, AMLA has the option, under Article 19, to set lower thresholds for occasional transactions. AMLA considered the necessity of introducing additional lower thresholds and chose not to exercise the option. The AML Regulation already prescribes thresholds lower than €10,000 for specific sectors and transactions that pose higher ML/TF risks[1]. AMLA found no evidence to justify introducing additional lower thresholds, as these would impose burdens on obliged entities and their customers. If future evidence shows that such thresholds are necessary and proportionate to mitigate ML/TF risks across certain obliged entities, sectors or transactions, AMLA will consider amendments to the RTS.

The criteria in the draft RTS apply to all obliged entities across both the financial and non-financial sectors. While some criteria have universal application, others are tailored to specific categories of obliged entities.

AMLA’s consultation paper on the draft RTS can be viewed here.

Consultation on draft RTS on pecuniary sanctions, administrative measures and periodic penalty payments 

Chapter V, Section 4 of AMLD 6 contains provisions on pecuniary sanctions, administrative measures and periodic penalty payments that may be imposed by supervisors.

In accordance with Article 53(10) of AMLD 6, the draft RTS specify:

• the indicators supervisors must use to classify the level of gravity of breaches and the methodology for classifying the level of gravity of the breach into one of four categories by order of severity
• criteria to be taken into account when setting the level of pecuniary sanctions or applying administrative measures
• the methodology for calculating the amount and frequency of periodic penalty payments – the periodic penalty payments are a new enforcement measure in the EU AML/CFT context

These measures aim to ensure that the same breach is assessed in the same way by all supervisors, and that the resulting enforcement measures are proportionate, effective and dissuasive.

The EBA previously consulted on a version of the draft RTS in response to a ‘Call for Advice’ from the European Commission. AMLA is now conducting its own consultation to ensure that the non-financial sector’s views are fully captured (the EBA’s remit extended to the financial sector only).

AMLA’s consultation paper on the draft RTS can be viewed here.

2. AMLA’s Single Programming Document

AMLA published its Single Programming Document for 2026 to 2028 on 4 February 2026. The document sets out, in detail, AMLA’s strategic priorities and objectives, and the resources required to deliver them.

The strategic priorities and objectives will be actioned via five interlinked activities that will shape AMLA’s work for the next three years: 

• Delivering on core regulatory mandates – Annex XI to the Single Programming Document sets out the timelines within which AMLA will develop the RTS’, implementing technical standards and guidelines mandated under the AML Regulation, AMLD 6 and the AMLA Regulation.  
• Advancing direct supervision – AMLA will finalise the risk assessment and selection methodology to define how obliged entities will be selected for direct supervision. A data collection exercise to help test and calibrate the methodology will formally begin in March 2026. However, AMLA, via the Central Bank of Ireland, has already contacted a number of Irish financial institutions to request feedback on the draft questionnaire to be used during the data collection exercise in March 2026.
• Operationalising the framework for financial intelligence units – AMLA will focus on operationalising mechanisms for joint analyses, embedding harmonised technical standards and mediation mechanisms, and starting first peer reviews. The transfer and optimisation of FIU.net will be completed by 2027, enabling secure data exchange across the EU.
• Laying the foundations for indirect supervision and oversight – AMLA will develop separate strategies and frameworks for the supervision of the financial sector and oversight of the non-financial sector.
• Building AMLA’s risk frameworks – AMLA will build its risk analysis framework by mapping data sources and creating the infrastructure to collect data, both at procedural and IT level.

For further information on the draft RTS’ or the new AML/CFT framework, please contact Eoin O’Connor, Partner Patrick Brandt, Partner, Eimear O’Brien, Partner, Louise Hogan, Partner, Sarah Lee, Senior Practice Development Lawyer or your usual ALG contact.

Date published: 12 February 2026