The European Banking Authority has issued final guidelines on the authorisation process for third-country credit institutions establishing branches in the EU, in line with the Capital Requirements Directive (CRD6).
The European Banking Authority (EBA) has published its final Guidelines on the authorisation of third-country credit institutions to establish a third-country branch (TCB) in an EU Member State. These Guidelines are mandated by the Capital Requirements Directive (CRD6), which introduces a new regime for TCBs and aims to harmonise access to the EU banking market.
The Guidelines specify the information required, assessment criteria, application templates, and the process for authorisation. They are addressed to competent authorities and to third-country head institutions submitting applications. Applications must include a non-opposition statement from the third-country authority to ensure the safety and soundness of TCB establishments.
Legal Basis and Background
The Guidelines are developed under Article 48c(8) of Directive 2013/36/EU, which mandates the EBA to define the information, assessment process, and application forms for TCB authorisation. They also clarify the use of information submitted in prior authorisation procedures.
These Guidelines are part of the EU’s implementation of the TCB regime introduced by CRD6. Since January 2026, the EBA has delivered key components including RTS on booking arrangements, ITS on reporting requirements, Guidelines on capital instruments, RTS on cooperation and colleges, and Guidelines on SREP, with further updates expected by the end of 2026.
