+SECTION 2 Scope
---+Article 3 Obliged entities
---+Article 4 Exemptions for certain providers of gambling services
---+Article 5 Exemptions for certain professional football clubs
---+Article 6 Exemptions for certain financial activities
---+Article 7 Prior notification of exemptions

SECTION 2 Scope

SECTION 2 Scope

1. Overview

Summary Regulation
Article 3 Obliged entities

Article 3

Obliged entities

The following entities are to be considered obliged entities for the purposes of this Regulation:

(1)

credit institutions;

(2)

financial institutions;

(3)

the following natural or legal persons acting in the exercise of their professional activities:

(a)

auditors, external accountants and tax advisors, and any other natural or legal person including independent legal professionals such as lawyers, that undertakes to provide, directly or by means of other persons to which that other person is related, material aid, assistance or advice on tax matters as principal business or professional activity;

(b)

notaries, lawyers and other independent legal professionals, where they participate, whether by acting on behalf of and for their client in any financial or real estate transaction, or by assisting in the planning or carrying out of transactions for their client concerning any of the following:

(i)

buying and selling of real property or business entities;

(ii)

managing of client money, securities or other assets, including crypto-assets;

(iii)

opening or management of bank, savings, securities or crypto-assets accounts;

(iv)

organisation of contributions necessary for the creation, operation or management of companies;

(v)

creation, setting up, operation or management of trusts, companies, foundations, or similar structures;

(c)

trust or company service providers;

(d)

estate agents and other real estate professionals to the extent they act as intermediaries in real estate transactions, including in relation to the letting of immovable property for transactions for which the monthly rent amounts to at least EUR 10 000 or the equivalent in national currency, irrespective of the means of payment;

(e)

persons trading, as a regular or principal professional activity, in precious metals and stones;

(f)

persons trading, as a regular or principal professional activity, in high-value goods;

(g)

providers of gambling services;

(h)

crowdfunding service providers and crowdfunding intermediaries;

(i)

persons trading or acting as intermediaries in the trade of cultural goods, including when this is carried out by art galleries and auction houses, where the value of the transaction or linked transactions amounts to at least EUR 10 000 or the equivalent in national currency;

(j)

persons storing, trading or acting as intermediaries in the trade of cultural goods and high-value goods, when this is carried out within free zones and customs warehouses, where the value of the transaction or linked transactions amounts to at least EUR 10 000 or the equivalent in national currency;

(k)

credit intermediaries for mortgage and consumer credits, other than credit institutions and financial institutions, with the exception of the credit intermediaries carrying out activities under the responsibility of one or more creditors or credit intermediaries;

(l)

investment migration operators permitted to represent or offer intermediation services to third-country nationals seeking to obtain residence rights in a Member State in exchange for any kind of investment, including capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity to the public good and contributions to the state budget;

(m)

non-financial mixed activity holding companies;

(n)

football agents;

(o)

professional football clubs in respect of the following transactions:

(i)

transactions with an investor;

(ii)

transactions with a sponsor;

(iii)

transactions with football agents or other intermediaries;

(iv)

transactions for the purpose of a football player’s transfer.

Article 4 Exemptions for certain providers of gambling services

Article 4

Exemptions for certain providers of gambling services

1.   Member States may decide to exempt, in full or in part, providers of gambling services from the requirements set out in this Regulation on the basis of the proven low risk posed by the nature and, where appropriate, the scale of operations of such services.

The exemption referred to in the first subparagraph shall not apply to:

(a)

casinos;

(b)

providers of gambling services the principal activity of which is to provide online gambling services or sport betting services, other than:

(i)

online gambling services operated by the State, whether through a public authority or an enterprise or body controlled by the State;

(ii)

online gambling services the organisation, operation and administration of which is regulated by the State.

2.   For the purposes of paragraph 1, Member States shall carry out a risk assessment of gambling services assessing:

(a)

money laundering and terrorist financing threats and vulnerabilities, and mitigating factors of the gambling services;

(b)

the risks linked to the size of the transactions and payment methods used;

(c)

the geographical area in which the gambling services are administered, including their cross border dimension and accessibility from other Member States or third countries.

When carrying out the risk assessments referred to in the first subparagraph of this paragraph, Member States shall take into account the findings of the risk assessment at Union level conducted by the Commission pursuant to Article 7 of Directive(EU) 2024/1640.

3.   Member States shall establish risk-based monitoring activities or take other adequate measures to ensure that the exemptions granted pursuant to this Article are not abused.

Article 5 Exemptions for certain professional football clubs

Article 5

Exemptions for certain professional football clubs

1.   Member States may decide to exempt, in full or in part, professional football clubs that participate in the highest division of the national football league and that have a total annual turnover of less than EUR 5 000 000, or the equivalent in national currency, for each of the previous 2 calendar years from the requirements set out in this Regulation on the basis of the proven low risk posed by the nature and the scale of operation of such professional football clubs.

Member States may decide to exempt, in full or in part, professional football clubs that participate in a division lower than the highest division of the national football league from the requirements set out in this Regulation on the basis of proven low risk posed by the nature and the scale of operation of such professional football clubs.

2.   For the purposes of paragraph 1, Member States shall carry out a risk assessment of the professional football clubs assessing:

(a)

money laundering and terrorist financing threats and vulnerabilities, and mitigating factors of the professional football clubs;

(b)

the risks linked to the size and cross-border nature of the transactions.

When carrying out the risk assessments referred to in the first subparagraph of this paragraph, Member States shall take into account the findings of the risk assessments at Union level conducted by the Commission pursuant to Article 7 of Directive (EU) 2024/1640.

3.   Member States shall establish risk-based monitoring activities or take other adequate measures to ensure that the exemptions granted pursuant to this Article are not abused.

Article 6 Exemptions for certain financial activities

Article 6

Exemptions for certain financial activities

1.   With the exception of persons engaged in the activity of money remittance as defined in Article 4, point (22), of Directive (EU) 2015/2366, Member States may decide to exempt legal or natural persons that engage in a financial activity as listed in Annex I, points (2) to (12), (14) and (15), to Directive 2013/36/EU on an occasional or very limited basis where there is little risk of money laundering or terrorist financing from the requirements set out in this Regulation, provided that all of the following criteria are met:

(a)

the financial activity is limited in absolute terms;

(b)

the financial activity is limited on a transaction basis;

(c)

the financial activity is not the main activity of such persons;

(d)

the financial activity is ancillary and directly related to the main activity of such persons;

(e)

the main activity of such persons is not an activity referred to in Article 3, point (3)(a) to (d) or (g) of this Regulation;

(f)

the financial activity is provided only to the customers of the main activity of such persons and is not generally offered to the public.

2.   For the purposes of paragraph 1, point (a), Member States shall require that the total turnover of the financial activity does not exceed a threshold which shall be sufficiently low. That threshold shall be established at national level, depending on the type of financial activity.

3.   For the purposes of paragraph 1, point (b), Member States shall apply a maximum threshold per customer and per single transaction, whether the transaction is carried out in a single operation or through linked transactions. That maximum threshold shall be established at national level, depending on the type of financial activity. It shall be sufficiently low in order to ensure that the types of transactions in question are an impractical and inefficient method for money laundering or terrorist financing, and shall not exceed EUR 1 000 or the equivalent in national currency, irrespective of the means of payment.

4.   For the purposes of paragraph 1, point (c), Member States shall require that the turnover of the financial activity does not exceed 5 % of the total turnover of the natural or legal person concerned.

5.   In assessing the risk of money laundering or terrorist financing for the purposes of this Article, Member States shall pay particular attention to any financial activity which is considered to be particularly likely, by its nature, to be used or abused for the purposes of money laundering or terrorist financing.

6.   Member States shall establish risk-based monitoring activities or take other adequate measures to ensure that the exemptions granted pursuant to this Article are not abused.

Article 7 Prior notification of exemptions

Article 7

Prior notification of exemptions

1.   Member States shall notify the Commission of any exemption that they intend to grant in accordance with Articles 4, 5 and 6 without delay. The notification shall include a justification based on the relevant risk assessment carried out by the Member State to sustain the exemption.

2.   The Commission shall within 2 months of the notification referred to in paragraph 1 take one of the following actions:

(a)

confirm that the exemption may be granted on the basis of the justification given by the Member State;

(b)

by reasoned decision, declare that the exemption may not be granted.

For the purposes of the first subparagraph, the Commission may request additional information from the notifying Member State.

3.   Upon receipt of a confirmation by the Commission pursuant to paragraph 2, point (a), of this Article, Member States may adopt a decision granting the exemption. The decision shall state the reasons on which it is based. Member States shall review such decisions regularly, and in any case when they update their national risk assessment pursuant to Article 8 of Directive (EU) 2024/1640.

4.   By 10 October 2027, Member States shall notify to the Commission the exemptions granted pursuant to Article 2(2) and (3) of Directive (EU) 2015/849 in place on 10 July 2027.

5.   The Commission shall publish every year in the Official Journal of the European Union the list of exemptions granted pursuant to this Article and make that list publicly available on its website.

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements
Source Requirement

3. Related Standards

Standards
Source Requirement
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