For the first time, EU supervisors will apply a harmonised, risk-based approach to AML/CFT enforcement. AMLA's draft RTS under Article 53(10) of the AMLD set out a common method for assessing breach gravity, four classification levels, and consistent criteria for pecuniary sanctions and administrative measures — covering both financial and non-financial sectors.
For the first time, supervisors across the EU will apply a harmonised, consistent approach to enforcing breaches of anti-money laundering and counter-terrorist-financing (AML/CFT) rules. The European Anti-Money Laundering Authority (AMLA) has published draft regulatory technical standards (RTS) under Article 53(10) of the AML Directive that will advance supervisory convergence: the same breach in the same circumstances should lead to the same enforcement outcome, wherever it happens.
A common method for assessing breach gravity
The draft RTS set out a single methodology supervisors must use when deciding how serious an AML/CFT breach is. The assessment looks at the nature of the breach, how often it was repeated, and the impact it had. On that basis, the breach is classified into one of four levels of gravity.
Common criteria then guide supervisors in determining the appropriate enforcement outcome, including whether to impose pecuniary sanctions or administrative measures. The aim is to replace the current patchwork of national approaches with a transparent, predictable framework.
The same rules across sectors
The standards apply to all sectors covered by AML rules — financial and non-financial alike. Once adopted by the European Commission, they will apply directly and become legally binding in all EU Member States.
For obliged entities, this means greater clarity on what constitutes a serious breach and what penalties they can expect. For supervisors, it means a shared baseline for enforcement that supports cross-border cooperation and reduces regulatory arbitrage.
Final report
AMLA draft RTS on a common approach to AML/CFT breach gravity
Access the final report on the harmonised enforcement methodology.
What compliance teams should watch
- Gravity classification: Understand the four levels and the factors that push a breach up the scale.
- Consistency across borders: Expect national supervisors to align enforcement practice more closely than in the past.
- Sector coverage: The standards apply to banks, payment firms, crypto asset service providers, accountants, lawyers, real-estate agents and other obliged entities.
- Commission adoption: Once formally adopted, the RTS will have direct effect — firms should track the final text and any transitional guidance.
AMLA's move is a significant step toward a single enforcement culture in EU AML/CFT supervision. Firms that already maintain robust, documented risk assessments and control frameworks will be best placed to demonstrate compliance under the new common standards.
