EBA欧洲银行-EBA-ITS-2013-05-28ITS-on-Passport-Notifications29_39页_1mb

EBA FINAL Draft Implementing Technical Standards on Passport Notifications

Core Content

This document outlines the European Banking Authority (EBA) final draft implementing technical standards (ITS) for passport notifications under Articles 35, 36, and 39 of Directive 2013/36/EU. The ITS aim to standardize the procedures and forms used by credit institutions to notify the competent authorities of their intention to establish a branch or provide services in another EU Member State (host state). The document also covers the procedures for changing branch details and services passport notifications.

Main Views and Key Information

1. Purpose of the Draft ITS

• To ensure harmonization of passport notifications across the European Economic Area (EEA).
• To establish standard forms, templates, and procedures for notifications under Articles 35, 36, and 39 of Directive 2013/36/EU.
• To facilitate cooperation between home and host competent authorities.
• To reduce the likelihood of requests for further information and ensure consistency and clarity in the notification process.

2. Key Provisions

• Language and Communication:

  • Notifications must be in a language accepted by both home and host competent authorities, or a common EU language.
  • Competent authorities must publish accepted languages and contact details for communication.

• Submission Requirements:

  • Credit institutions must use standard forms (Annexes 1, 4, and 5) for different types of notifications.
  • Only relevant parts of the form need to be completed depending on the type of notification (e.g., branch or change of branch details).

• Assessment of Completeness and Accuracy:

  • Home competent authorities must assess completeness and accuracy of the submitted notification.
  • The three-month period for home authorities to assess the branch's structure and financial situation starts from the date of receipt of a complete and correct notification.
  • If the notification is incomplete or incorrect, the home competent authorities must inform the credit institution immediately.

• Communication of Notifications:

  • The home competent authorities must forward the notification to the host competent authorities using a specific form (Annex 2) and include a copy of the notification and latest own funds information (Annex 3).
  • The host competent authorities must acknowledge receipt of the notification immediately and state the date of receipt.
  • The home competent authorities must inform the credit institution of the communication and the date of receipt by the host authorities.

• Conditions for Activities in the Host State:

  • Any conditions in the interest of the general good must be communicated in writing to the credit institution and, if applicable, to the home competent authorities.
  • These conditions may impose restrictions on the branch's activities and must be clearly defined.

3. Specific Procedures

• Branch Passport Notification:

  • Must be submitted using Annex 1.
  • Includes details on contact information, programme of operations, structural organisation, and other information.
  • The programme of operations covers:
    • Types of business envisaged.
    • Structural organisation of the branch.
    • Other information such as financial plans, deposit-guarantee schemes, and IT arrangements.

• Change of Branch Particulars Notification:

  • Must be submitted using Annex 1 unless it concerns branch termination, in which case Annex 4 is used.
  • The home competent authorities must treat the one-month period for decision-making as starting from the date of receipt of a complete and correct notification.

• Services Passport Notification:

  • Must be submitted using Annex 5.
  • The home competent authorities must treat the one-month period for decision-making as starting from the date of receipt of a complete and correct notification.

4. Implementation and Legal Basis

• The ITS are based on the EBA’s draft, which was developed in consultation with stakeholders.
• The final regulation is binding in its entirety and directly applicable in all EU Member States.
• It enters into force 20 days after publication in the Official Journal of the European Union.

5. Supporting Documents

• Cost-benefit analysis: Assesses the economic impact of the ITS.
• Feedback on public consultation: Includes responses and considerations from stakeholders.

Conclusion

The EBA final draft ITS on passport notifications is designed to streamline the process for credit institutions seeking to operate across the EEA. By establishing standard forms and procedures, it ensures clarity, consistency, and efficiency in the notification and assessment process, while also promoting transparency and cooperation between home and host competent authorities.