​The EBA consults on Guidelines on authorisation of third country branches under the Capital Requirements Directive

​The European Banking Authority (EBA) today launched a public consultation on Guidelines on authorisation of third-country branches (TCBs) under the Capital Requirements Directive (CRD). The Guidelines are another piece of regulation implementing the new EU framework applicable to TCBs, contributing to the harmonised access to the EU market and to the consistent application of such a new regime. The consultation runs until 3 February 2026. 

​The draft Guidelines cover the content, the assessment, the relevant templates and forms concerning the application for authorisation, as well as the applicable process. They are addressed to competent authorities and to the third country head undertakings submitting the application for authorisation. A non-opposition statement from the third country competent authority of the head undertaking is included in the application, with a view to ensuring the safety and soundness of the establishment of the TCB. ​

Consultation process

Responses to this consultation can be sent to the EBA by clicking on the "send your comments" button on the consultation page. Please note that the deadline for the submission of comments is 3 February 2026.

A public hearing will take place via conference call on Tuesday 10 December 2025 from 12:00 to 13:00 CET. The deadline for registration is 8 December 2025, at 16:00 CET. 

All contributions received will be published after the consultation closes, unless requested otherwise.

Legal basis, background and next steps 

The EBA has developed these draft Guidelines in accordance with Article 48c(8) of Directive 2013/36/EU, which mandates the Authority to lay down the list of information, the assessment and the process applicable to the application, as well as forms and template to be used in the context of the application. Furthermore, the Guidelines have to clarify the conditions under which information submitted by the applicant in prior authorisation procedures for the establishment of TCBs may be relied upon by the competent authority. 

For purposes of internal consistency, the draft Guidelines take into account other regulatory products developed in parallel for the implementation of the new TCB regime, such as draft Guidelines on the instruments meeting requirements for the capital endowment1, draft Regulatory Technical Standards (RTS) on booking arrangements2, draft Implementing Technical Standards (ITS) on reporting requirements3, draft revised Guidelines on internal governance4, draft Guidelines on SREP5, draft RTS on supervisory colleges for third country branches6, and the Guidelines on cooperation and exchange of information between prudential supervisors, AML/CFT supervisors and FIUs7.

Directive (EU) 2024/1619, amending Directive 2013/36/EU, introduces a new regime applicable to branches in the EU of third country credit institutions (third country branches or TCBs). It lays down a minimum harmonisation framework covering authorisation, prudential requirements – including booking arrangements, capital endowment, liquidity, internal governance, common reporting requirements - and supervisory practices.