The European Banking Authority (EBA) has published its final Guidelines on the authorisation of third-country branches under the Capital Requirements Directive (CRD VI), the regulator confirmed on 7 July 2026. The guidelines, mandated by CRD VI, cover the authorisation of third-country credit institutions seeking to set up a branch in an EU Member State.
CRD VI (Directive (EU) 2024/1619) establishes a new regime for EU branches of third-country credit institutions, introducing a minimum harmonisation framework covering authorisation and prudential requirements, including booking arrangements, capital endowment, liquidity, internal governance, common reporting requirements and supervisory practices. The EBA developed the guidelines under Article 48c(8) of Directive 2013/36/EU, which mandates it to set out the information, assessment and process applicable to applications, and the forms and templates to be used.
SCOPE AND APPLICATION CONTENT
The guidelines set out the information to be provided in authorisation applications, the assessment criteria, the templates and forms to be used, and the applicable process. This includes information on governance arrangements, business plans, capital and liquidity, and the branch's relationship with its head office in the home jurisdiction, along with details of the branch's proposed risk-management framework and internal controls.
The guidelines also clarify the conditions under which competent authorities may rely on information submitted by the applicant in earlier authorisation procedures for third-country branches.
The guidelines are addressed both to competent authorities responsible for granting authorisations and to the third-country institutions that will apply for them. They form part of the EU's implementation of the new third-country branch regime; since January 2026 the EBA has also delivered RTS on booking arrangements, ITS on minimum common reporting requirements, guidelines on capital endowment instruments, RTS on cooperation and colleges of supervisors, and SREP guidelines with a section on third-country branches.
NON-OPPOSITION STATEMENT
To help ensure the safety and soundness of third-country branch establishments, each application must include a non-opposition statement from the competent authority of the applicant's third-country head undertaking.
The EBA said in its press release that the guidelines contribute to harmonised access to the EU market for banking services.
The guidelines will be translated into the EU's official languages; competent authorities must report whether they comply within two months of publication of the translations, and the guidelines apply from 11 January 2027.