On 10 July 2025, the European Banking Authority (EBA) published consultation papers on the following:

  • Draft RTS specifying the booking arrangements that third-country branches are to apply for the purposes of Article 48h of CRD IV. Article 48h of the CRD IV requires the EBA to develop draft RTS to specify the booking arrangements that third-country branches are to apply for the purposes of that Article. In particular, the EBA is required to specify (i) the methodology to identify and keep a comprehensive and precise track record of the assets and liabilities booked by the third-country branch in the Member State; and (ii) the methodology to identify and keep a record of off-balance sheet items and of the assets and liabilities originated by the third country branch and booked or held remotely in other branches or subsidiaries of the same group on behalf of or for the benefit of the originating third-country branch.
  • Draft Guidelines on instruments available for third country branches for unrestricted and immediate use to cover risks or losses under Article 48e(2)(c) of CRD IV. Article 48e(2) of the CRD IV sets out the forms of instruments that could be used in case of resolution or winding up of a third-country branch and Article 48e(3) of the CRD IV requires them to be placed in an escrow account. In addition to cash or cash assimilated instruments and debt securities issued by central governments or central banks of Member States, as specified in Article 48e(2) of the CRD IV, any other instrument that is available to the third-country branch for unrestricted and immediate use to cover risks or losses as soon as those occur could be used to meet the requirement. The EBA is mandated by Article 48e(4) of the CRD IV to issue guidelines to specify the requirements for such “other instruments”.

Next steps

The deadline for comments on each consultation paper is 13 October 2025.