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)
Commission Implementing Regulation (EU) 2022/193of 17 November 2021amending 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/ECOJ L 176 27.6.2013, p. 338., and in particular Article 35(6), Article 36(6) and Article 39(5) thereof,Whereas:(1)Commission Implementing Regulation (EU) No 926/2014Commission 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). 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) 2022/192Commission 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). has introduced new information requirements into Commission Delegated Regulation (EU) No 1151/2014Commission 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).. 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 CouncilRegulation (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).,HAS ADOPTED THIS REGULATION: