On 3 November 2025, the European Banking Authority (EBA) issued a consultation paper containing draft guidelines on the authorisation of third country branches in accordance with Article 48c(8) of the Capital Requirements Directive IV (as amended by Directive (EU) 2024/1619).

Scope

The draft guidelines are addressed to Member State competent authorities in charge of the receipt and assessment of applications to grant authorisation as third country branches. They cover those applications for authorisation of third country branches that will be subject to the requirements set out in Title VI of the CRD IV (as amended). They do not apply to those applications for authorisation of third country branches that, based on national law, are subject to the same requirements applicable to credit institutions, except for those requirements that do not apply to credit institutions (e.g. booking requirements for originated business).

​Content

The draft guidelines cover the content, the assessment, the relevant templates and forms concerning the application for authorisation, as well as the applicable process. A non-opposition statement from the third country competent authority of the head undertaking is included in the application, with a view to ensuring the safety and soundness of the establishment of the third country branch. ​

Next steps

The deadline for comments on the consultation paper is 3 February 2026.

A public hearing will take place via conference call on 10 December 2025 from 12:00 to 13:00 CET. The deadline for registration is 8 December 2025, at 16:00 CET.

Following public consultation and approval, the guidelines will be translated into the official EU languages and published on the EBA’s website. The deadline for Member State competent authorities to report whether they comply with the guidelines will be two months after the publication of the translations.

The guidelines have to be issued by 10 July 2026.

The new regime on third country branches will apply from 11 January 2027 (except for the provisions referred to in Article 2(1), fourth sub-paragraph, of the CRD IV (as amended) which will become applicable on 11 July 2026).