EBA consults on draft RTS and guidelines for third country branches under CRD IV

The European Banking Authority (EBA) has published three consultation papers under Directive 2013/36 (CRD IV), as amended by Directive 2024/169 (CRD VI), relating to the regulatory requirements for third country branches (TCBs). In particular relating to cooperation and colleges of supervisors for TCBs, the booking arrangements that TCBs are to apply, and instruments available for TCBs for unrestricted and immediate use to cover risks or losses.

• EBA/CP/2025/15 proposes draft regulatory technical standards (RTS) under Article 48p(7), outlining cooperation mechanisms and the conditions for the functioning of supervisory colleges to enhance coordinated oversight of TCBs and their EU subsidiaries. The draft RTS cover: (i) the creation and operation of supervisory colleges and (ii) requirements for cooperation and information sharing in situations where establishing a college is not required.
• EBA/CP/2025/16 sets out RTS under Article 48h. Chapter 1 of Title VI under CRD IV sets out minimum harmonised requirements for TCBs operating in the EU, including the obligation to maintain a registry book that records all assets and liabilities booked or originated in the host Member State and ensure they are managed independently by the branch. These draft RTS specify the booking arrangements that TCBs must implement to ensure accurate tracking of assets, liabilities and off-balance sheet items across jurisdictions.
• EBA/CP/2025/17 introduces draft guidelines under Article 48e(2)(c), specifying the types of "other financial instruments"—beyond cash and government securities—that TCBs may use to meet capital endowment requirements. These instruments must be immediately available, placed in escrow and suitable for covering risks or losses in the event of resolution or winding-up. The guidelines also outline minimum operational conditions to ensure that these "other instruments" and other eligible instruments are readily available for use in the event of a branch's resolution or winding-up.

The deadline for comments on all three consultation papers is 10 October.

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