EBA欧洲银行-Passporting-Guidelines_44页_301kb

Summary of Guidelines for Passport Notifications

Core Content

These guidelines establish a framework for cooperation between competent authorities regarding the notification procedures for credit institutions operating within the European Economic Area (EEA) under the Banking Directive (2006/48/EC) and MiFID (2004/39/EC). The aim is to streamline and enhance the passport notification process, ensuring efficient cross-border supervision and regulatory compliance.

Main Objectives

• To ensure that the single authorisation principle is upheld, allowing credit institutions to operate across the EU with one authorisation.
• To harmonise notification procedures and documents used by competent authorities.
• To facilitate mutual assistance and information exchange between authorities.
• To maintain confidentiality of shared information in accordance with the Banking Directive.
• To allow for flexibility and bilateral adaptations in case of specific regulatory needs.
• To include non-EU EEA countries within the scope of the guidelines, treating them as if they were EU Member States.

Key Information

Competent Authorities

• The guidelines apply to CEBS Members and other Competent Authorities that are not CEBS members but have signed the Joinder Agreement (Annex 7).
• All competent authorities must designate a contact point for passport notification coordination.
• The term "Member State" includes non-EU EEA countries.

Notification Templates

• Annex 1 provides a standard notification form for cross-border services.
• Annex 2 provides a standard notification form for branch establishment.
• These forms are designed to ensure consistency and clarity in the information exchanged.

Required Information in Notifications

• Basic details: Name, head office address, branch address (if applicable), contact information.
• Activities: Activities listed in Annex I of the Banking Directive and Annex I of MiFID (if applicable).
• Compensation schemes: Details of the institution's accredited compensation scheme.
• Programme of operations: A detailed description of the branch’s functions, organisational structure, systems and controls, and financial forecasts.

Transmission and Timelines

• Notifications should be sent using the standard form and transmitted as soon as possible, but no later than one month from receipt.
• The host authority must acknowledge receipt within two months of receiving the notification.
• The home authority must confirm the transmission of the notification to the host authority, including the date of communication.

Handling Changes

• Any changes to the notification must be communicated to both the home and host authorities at least one month before implementation.
• The programme of operations must be updated accordingly and transmitted in the language of the host Member State or a mutually agreed language.

Additional Responsibilities

• The host authority may have additional supervisory responsibilities, including:
  • Liquidity supervision under Article 41(1) of the Banking Directive.
  • Conduct of business obligations, client information, and transaction reporting under MiFID.
  • Anti-money laundering arrangements, outsourcing controls, and audit procedures.
• The host authority is responsible for enforcing record-keeping obligations for the branch.

Supporting Annexes

• Annex 3: List of competent authorities for passport notifications.
• Annex 4: List of public registers for credit institutions.
• 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 competent authorities.

Conclusion

The guidelines aim to ensure a transparent, efficient, and consistent process for passport notifications, supporting the Single Market and cross-border cooperation among competent authorities. They provide standardised templates, clear procedures, and timelines for notifications, while allowing for flexibility in specific cases and bilateral arrangements.