# AMLR Art. 85 — Exercise of delegation - **Part of:** [[AMLR]] - **FATF keying:** _none_ - **Swiss provisions:** _none_ - **Detailed citation:** - ## What it requires AMLR Art. 85 governs the Commission's power to adopt delegated acts under Articles 29, 30, 31, 34, 43, 52 and 68, conferred for an indeterminate period from 9 July 2024 and revocable at any time by the European Parliament or the Council. The Commission must consult Member State experts before adopting an act, and notify the Parliament and Council simultaneously. Each act enters into force only after a non-objection period of one month (Arts. 29, 30, 31, 34) or three months (Arts. 43, 52, 68). ## Swiss position Switzerland has no legislative sub-delegation instrument or parliamentary objection procedure of this kind. Ordinance-making sits with the Federal Council, which enacts the provisions needed to implement the GwG (Art. 41 Abs. 1) and may authorise FINMA and other supervisors to issue technical ordinances of limited scope (Art. 41 Abs. 2); FINMA already concretises the due-diligence duties by ordinance for the intermediaries in its remit (Art. 17). GwG Art. 2 Abs. 5 lets the Federal Council carve further exceptions to the adviser regime by ordinance. The TJPG gives the Federal Council comparable powers over indirect-control criteria (Art. 6), simplified rules for low-risk entities (Art. 19) and general implementing provisions (Art. 47). ## Key divergences The AMLR mechanism is EU secondary legislation: Commission delegated acts that take effect automatically unless the European Parliament or Council objects within a fixed window, and that either institution can revoke outright. Swiss ordinances carry no equivalent per-instrument veto; the checks that apply instead are the ordinary channels of Swiss rule-making - consultation procedure and, for the enabling statute itself, the optional referendum - rather than a timed non-objection mechanism attached to each delegated act. The Swiss powers are also structured differently: GwG Art. 17 addresses only concretising due-diligence duties and Art. 41 general implementation, without the differentiated notification and timing regime the AMLR applies article-by-article across its various delegated-act subjects. This is a structural difference in how each system allocates and checks rule-making authority, not a gap in either. ## Authoritative text > [!quote]- Regulation (EU) 2024/1624 (AMLR), Article 85 — English text (EUR-Lex, CELEX 32024R1624) > **Article 85** > *Exercise of the delegation* > 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. > 2. The power to adopt delegated acts referred to in Articles 29, 30, 31, 34, 43, 52 and 68 shall be conferred on the Commission for an indeterminate period of time from 9 July 2024. > 3. The delegation of power referred to in Articles 29, 30, 31, 34, 43, 52 and 68 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. > 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. > 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. > 6. A delegated act adopted pursuant to Article 29, 30, 31 or 34 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 1 month of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 1 month at the initiative of the European Parliament or of the Council. > 7. A delegated act adopted pursuant to Article 43, 52 or 68 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 3 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 3 months at the initiative of the European Parliament or of the Council. ## Sources - AMLR Art. 85 — CELEX 32024R1624 - GwG SR 955.0, Art. 17 - GwG SR 955.0, Art. 41 - GwG-2026 Art. 2 Abs. 5 - TJPG BBl 2025 2900, Art. 6, 19, 47