EBA欧洲银行-CEBS-2010-329-28Passporting-Guidelines29_45页_272kb

Summary of Guidelines for Passport Notifications

Introduction

This document outlines the Guidelines for Passport Notifications, which provide a framework for cooperation among Competent Authorities in the European Economic Area (EEA) regarding the notification provisions of the Banking Directive (2006/48/EC). It also incorporates the MiFID (2004/39/EC) provisions, particularly for investment services. The guidelines apply to CEBS Members and other signatories who have joined the Joinder Agreement (Annex 7).

The main objectives are:

• To streamline the passport notification process for credit institutions.
• To ensure efficient cooperation between national authorities.
• To facilitate the good functioning of the Single Market by enabling cross-border services and branch establishments.

The Annexes include:

• Standard notification forms for cross-border services (Annex 1) and branch establishment (Annex 2).
• Lists of competent authorities (Annex 3), public registers (Annex 4), complaint handling bodies (Annex 5), and compensation schemes (Annex 6).

These annexes are periodically updated by the CEBS Secretariat and communicated to all competent authorities.

PART I - General Considerations

1.1. General Aims

• The principle of single authorisation applies: the home Member State Competent Authority is responsible for issuing authorisation, which is valid throughout the EU.
• Credit institutions may provide services or establish branches in other EEA countries under the freedom to provide services or freedom of establishment.
• Cooperation between authorities is essential to ensure mutual recognition and efficient supervision under the Banking Directive and MiFID.
• The CESR framework (from the Protocol on MiFID Passport Notifications) has been adapted for CEBS, with necessary adjustments for credit institutions.

1.2. Cooperation Between Competent Authorities

• Cooperation is ongoing and essential for the proper application of EU passporting provisions.
• Each Competent Authority must designate a contact point for passport notification coordination.
• The contact details should be shared between authorities to ensure effective communication.

1.3. Harmonisation of Documents Used

• Harmonised templates (Annex 1 and 2) are adopted to ensure consistency and efficiency in the notification process.
• These templates help reduce the need for additional information requests from host authorities.

1.4. Mutual Assistance and Confidentiality

• Competent Authorities agree to mutual assistance in all matters related to the guidelines.
• Confidential information is protected under Title V, Chapter 1, Section 2 of the Banking Directive.

1.5. Possible Addition to Provisions for Cooperation

• The guidelines may be adapted on a bilateral basis if necessary for specific cases.
• Adjustments should be made in conformity with Community law.
• Cooperation may extend to areas not explicitly covered by the Directives, provided they align with the principles of the Directives.

1.6. Cooperation with Non-EU States that are Parties to the EEA Agreement

• The guidelines apply to non-EU Member States that are parties to the EEA Agreement.
• The term 'Member State' includes these non-EU countries.
• The term 'European Union' is used to refer to the whole EEA in this context.
• Non-EU authorities may join the Guideline by signing the Joinder Agreement (Annex 7), provided it contributes to cross-border cooperation.

PART II - Services and Activities of Credit Institutions: Notifications

2.1. Exercise of Activities by Way of Freedom to Provide Services

• Notification from the home Competent Authority to the host Competent Authority must include:

  • Name and head office address of the credit institution.
  • Activities listed in Annex I of the Banking Directive.
  • If applicable, investment services and ancillary services listed in Annex I of MiFID.

• The information should be in English or another mutually accepted language.

• The standard notification form (Annex 1) is used for communication.

• Notifications must be sent as soon as possible, but no later than one month from receipt.

• Host authorities must acknowledge receipt in a timely manner.

• The passport (details of services and activities) is then added to public registers.

2.2. Opening a Branch by Way of Freedom of Establishment

2.2.1 Contents of the Application

• The application to the home Competent Authority must include:
  • Name, head office, and branch addresses.
  • Details of the compensation scheme the institution is a member of.
  • Activities listed in Annex I of the Banking Directive.
  • Investment services and ancillary services (if applicable) from MiFID.
  • Names of branch managers.
  • A programme of operations (see Annex 2 for details).

2.2.2 Contents of the Notification to the Host Competent Authority

• The home Competent Authority must use the standard notification form (Annex 2) to send the information to the host Competent Authority.
• The programme of operations is more detailed and may not be captured in a standard format.
• It is recommended to submit the programme in the home state's language and include a translated copy for the host state.
• The notification must be sent within three months of receipt, unless there are doubts about the institution's structure or financial status.
• The host Competent Authority must acknowledge receipt within two months and inform the institution of any conditions for the activities in the host state.

2.2.3 Notification of Changes to Initial Notification

• Credit institutions must notify the home and host Competent Authorities of any changes at least one month before implementation.
• The home Competent Authority must inform the host Competent Authority of the change.
• Notifications should be made as soon as possible, no later than one month from receipt.
• The mode of transmission (post or email) depends on mutual agreement between the authorities.

Annexes

• Annex 1: Standard notification form for cross-border services.
• Annex 2: Standard notification form for branch establishment.
• Annex 3: List of Competent Authorities for passport notifications.
• Annex 4: List of public registers for credit institutions in EEA Member States.
• Annex 5: List of competent bodies for complaints and out-of-court settlements.
• Annex 6: List of compensation schemes.
• Annex 7: Joinder Agreement for non-CEBS members to join the Guideline.

These annexes provide standardised templates, contact information, and relevant lists to ensure consistency and transparency in the passport notification process.