Commission Implementing Regulation (EU) 2022/193 of 17 November 2021 amending the implementing technical standards laid down in Implementing Regulation (EU) No 926/2014 laying down standard forms, templates and procedures as regards the information to be notified when exercising the right of establishment and the freedom to provide services (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directive 2006/48/EC and Directive 2006/49/EC (1), and in particular Article 35(6), Article 36(6) and Article 39(5) thereof,

Whereas:

(1) Commission Implementing Regulation (EU) No 926/2014 (2) sets out the standard forms, templates and procedures for notifications for the exercise of the right of establishment and the freedom to provide services by credit institutions.

(2) Commission Delegated Regulation (EU) 2022/192 (3) has introduced new information requirements into Commission Delegated Regulation (EU) No 1151/2014 (4). Those new information requirements should be reflected in Implementing Regulation (EU) No 926/2014, and the standard forms and templates laid down in the Annexes to that Implementing Regulation should be updated accordingly. Furthermore, certain legal references in Implementing Regulation (EU) No 926/2014 should be updated in order to ensure legal certainty.

(3) It is necessary to enhance the clarity of the branch passport communication. It should therefore be specified that the latest available information on own funds is requested both at the credit institution individual and consolidated reporting level, where applicable and where information at consolidated level is available to the competent authority of the home Member State.

(4) It is important to ensure the safety of deposits and to enhance factual certainty and reliability of the financial information provided by the credit institution. It is therefore necessary that the credit institution notifies its competent authority about the planned termination of a branch. That notification should set out the measures that have been undertaken, or that are being undertaken, to ensure that the branch will no longer hold deposits or other repayable funds from the public after the termination of operation of that branch.

(5) Implementing Regulation (EU) No 926/2014 should therefore be amended accordingly.

(6) This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Banking Authority (EBA).

(7) The EBA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (5),

HAS ADOPTED THIS REGULATION:

Article 1

Amendment to Implementing Regulation (EU) No 926/2014

Implementing Regulation (EU) No 926/2014 is amended as follows:

(1) in Article 6, paragraph 1 is replaced by the following: ‘1.   The competent authorities of the home Member State shall use the form laid down in Annex II to communicate a branch passport notification to the competent authorities of the host Member State together with a copy of the branch passport notification and with the latest available information on own funds using the form laid down in Annex III. Such latest available information on own funds of the credit institution submitting the passport notification shall be notified at both the individual and consolidated level, where applicable and available to the competent authority of the home Member State.’;

(2) in Article 8, paragraph 2 is replaced by the following: ‘2.   Credit institutions shall use the form laid down in Annex IV to notify a change which concerns a planned termination of the operation of the branch. Where the branch of a credit institution takes or took deposits and other repayable funds, the credit institution concerned shall also submit a statement listing the measures that have been or that are being undertaken to ensure that the credit institution will no longer hold deposits or other repayable funds from the public through the branch after the termination of the operation of that branch.’;

(3) Annexes I to VI are replaced by the text in the Annex to this Regulation.

Article 2

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 November 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 176 27.6.2013, p. 338.

(2) Commission Implementing Regulation (EU) No 926/2014 of 27 August 2014 laying down implementing technical standards with regard to standard forms, templates and procedures for notifications relating to the exercise of the right of establishment and the freedom to provide services according to Directive 2013/36/EU of the European Parliament and of the Council (OJ L 254, 28.8.2014, p. 2).

(3) Commission Delegated Regulation (EU) 2022/192 of 20 October 2021 amending the regulatory technical standards laid down in Commission Delegated Regulation (EU) No 1151/2014 as regards the information to be notified when exercising the right of establishment and the freedom to provide services (See page 1 of this Official Journal).

(4) Commission Delegated Regulation (EU) No 1151/2014 of 4 June 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards on the information to be notified when exercising the right of establishment and the freedom to provide services (OJ L 309, 30.10.2014, p. 1).

(5) Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).