EU moves to harmonise authorisation of third-country bank branches

The European Banking Authority (EBA) has launched a public consultation on new guidelines concerning the authorisation of third-country branches (TCBs) under the Capital Requirements Directive (CRD).

The consultation represents a further step in implementing the European Union’s new regulatory framework for TCBs.

According to the EBA, the guidelines aim to ensure harmonised access to the EU market and a consistent application of the new regime governing the establishment and operation of branches of banks headquartered outside the European Economic Area.

The consultation will remain open until February 3, 2026.

The draft guidelines set out the content and assessment process of applications for authorisation, as well as the relevant templates and forms that applicants are required to use.

They are directed at both competent national authorities within the EU and third-country head undertakings seeking to establish a branch within the Union.

As part of the application process, a non-opposition statement from the competent authority of the applicant’s home jurisdiction must be included.

This requirement is designed to ensure the safety and soundness of the third-country branch being established in the EU.

The EBA stated that responses to the consultation can be submitted electronically by clicking on the “send your comments” button available on the consultation page.

The deadline for submitting comments is February 3, 2026.

A public hearing on the guidelines will be held via conference call on Tuesday, December 10, 2025, from 12:00 to 13:00 CET.

The registration deadline for participation in the hearing is December 8, 2025, at 16:00 CET.

The EBA confirmed that all contributions received during the consultation period will be made public after the process concludes, unless respondents specifically request that their submissions remain confidential.