​The EBA publishes final Guidelines on the authorisation of third-country branches under the Capital Requirements Directive

​The European Banking Authority (EBA) today published its final Guidelines on authorisation of third-country credit institutions to set-up a third-country branch (TCB) in a Member State. These Guidelines were mandated by the Capital Requirements Directive (CRD6) which introduced a new regime for TCBs and contribute to the harmonised access to the EU market for banking services.

​The Guidelines set out the information to be provided, the assessment criteria, and the templates and forms for applications for the authorisation of TCBs, as well as the applicable process. They are addressed to competent authorities and to the third-country head undertakings submitting an application. To help ensure the safety and soundness of TCB establishments, the application must include a non-opposition statement from the competent authority of the third-country head undertaking.

​Legal basis and background

​The EBA has developed these 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 must 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.

​These Guidelines form part of the EU's implementation of the new regime for third-country branches (TCBs) introduced by CRD6. Since January 2026, the EBA has delivered several key components of this framework, including the RTS on booking arrangements, the ITS on minimum common reporting requirements, the Guidelines on the instruments meeting requirements for the capital endowment, the RTS on cooperation and colleges of supervisors for third-country branches, the Guidelines on SREP, containing a section on TCBs. The framework will be further complemented by the revised Guidelines on internal governance, which, once finalised by the end of 2026, will set out the internal governance requirements applicable to TCBs.

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

Final Report on Guidelines on the authorisation of third-country branches

(830.78 KB - PDF)