Passporting and supervision of branches

In accordance with the principle of single authorisation, the decision to issue an authorisation valid for the entire EU shall be the sole responsibility of the competent authorities of the home Member State. A financial institution may then provide the services, or perform the activities, for which it has been authorised, throughout the Single Market, either through the establishment of a branch or the free provision of services.
 
This section covers the EBA's requirements for passport notifications between home and host competent authorities under various EU Directives, among other things specifying the information to be notified and establishing standard forms, templates and procedures for the purposes of these notifications.
 
Furthermore, this section covers the EBA's work on collaboration and exchange information regarding institutions operating through branches and the freedom of provision of services in one or more EU Member States and provides technical standards for such collaboration and information exchange between home and host competent authorities.
 

Technical Standards, Guidelines & Recommendations

  • Guidelines on supervision of significant branches

    These Guidelines are designed to facilitate cooperation and coordination between the Competent Authorities (CAs). They will assist them in supervising the largest systemically important branches, the so-called “significant-plus” branches, which require intensified supervision.

    Status: Final (awaiting translation into the EU official languages)

  • Regulatory Technical Standards on passporting under PSD2

    These Regulatory Technical Standards (RTS) on the framework for cooperation and exchange of information between competent authorities for passporting will ensure that information about those payment institutions that carry out business in one or more EU Member States is exchanged consistently between the national authorities of the home and host Member States. They distinguish the notifications related to branch establishments, agent’s engagement and free provision of services.

    Status: Final draft adopted by the EBA and submitted to the European Commission

  • Guidelines on passport notifications for credit intermediaries

    Article 32 of the Mortgage Credit Directive (MCD) provides that passport notifications will need to be exchanged between national authorities competent for the registration and/or supervision of mortgage credit intermediaries across the EU Member States. The EBA Guidelines formalise the notification process between the national authorities in the home and host Member States. They will ensure that information on the provision of services and the establishment of branches, as well as on the transmission of notifications, the registrations, and the notifications of changes is shared consistently across the EU. The Guidelines also include template notification forms for exercising the freedom to provide services and freedom of establishment, as foreseen in Article 32 of the MCD. The Guidelines apply from 21 March 2016, the transposition date of the MCD.

    Status: Final and translated into the EU official languages

  • Technical Standards on information exchange between home and host competent authorities

    These Technical Standards detail how competent authorities should collaborate and exchange information regarding institutions operating through branches and the freedom of provision of services in one or more EU Member States other than that in which head offices are situated. In particular, they focus on exchange of supervisory information between supervisory authorities, with the aim of ensuring a structured and consistent process in the provision of and access to key supervisory information across Member States.

    Status: Adopted and published in the Official Journal

Opinions, Reports and other Publications

 

 

Other Publications