On 9 January 2026, the European Banking Authority (EBA) issued a final report containing final draft Regulatory Technical Standards (RTS) specifying the booking arrangements that third-country branches are to apply for the purposes of Article 48h of the Capital Requirements Directive IV (CRD IV), as amended by the Capital Requirements Directive VI (CRD VI).
Background
Article 48h of the CRD IV (as amended by the CRD VI) 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 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.
- 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.
The EBA issued a consultation on the draft RTS last July.
The EBA is required to submit the draft RTS to the European Commission by 10 January 2026.
RTS
The final draft RTS have been finalised by the EBA after considering the feedback received to its earlier consultation. The EBA’s response to the consultation feedback can be found in pages 23 to 35 of the final report and includes comments on the treatment of risk transfer to third parties, the use of group processes, systems or procedures and risk management information in the registry book.
Next steps
The draft RTS will be submitted to the Commission for endorsement following which they will be subject to scrutiny by the European Parliament and the Council before being published in the Official Journal of the European Union