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Document 02014R1151-20221229
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 (Text with EEA relevance)Text with EEA relevance
Consolidated text: 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 (Text with EEA relevance)Text with EEA relevance
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 (Text with EEA relevance)Text with EEA relevance
02014R1151 — EN — 29.12.2022 — 002.001
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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) |
Amended by:
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Official Journal |
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COMMISSION DELEGATED REGULATION (EU) 2022/192 of 20 October 2021 |
L 31 |
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14.2.2022 |
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COMMISSION DELEGATED REGULATION (EU) 2022/2403 of 16 August 2022 |
L 317 |
41 |
9.12.2022 |
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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
(Text with EEA relevance)
Article 1
Subject matter
This Regulation specifies the information to be notified when exercising the right of establishment and the freedom to provide services in accordance with Article 35(5), Article 36(5) and Article 39(4) of Directive 2013/36/EU.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
‘branch passport notification’ means a notification made in accordance with Article 35(1) of Directive 2013/36/EU by a credit institution wishing to establish a branch within the territory of another Member State to the competent authorities of its home Member State;
‘change in branch particulars notification’ means a notification made in accordance with Article 36(3) of Directive 2013/36/EU by a credit institution to the competent authorities of the home and host Member States of a change in the particulars communicated pursuant to Article 35(2)(b), (c) or (d) of that Directive;
‘services passport notification’ means a notification made in accordance with Article 39(1) of Directive 2013/36/EU by a credit institution wishing to exercise the freedom to provide services by carrying out its activities within the territory of another Member State for the first time to the competent authorities of its home Member State.
Article 3
Branch passport notification
The programme of operations referred to in paragraph 1(b) shall comprise the following information:
types of business envisaged, comprising the following information:
the main objectives and business strategy of the branch and an explanation of how the branch will contribute to the strategy of the institution and, where applicable, of its group;
a list of the activities in Annex I to Directive 2013/36/EU that the credit institution intends to carry out in the host Member State, including the intended start date for each activity as accurate as possible, and, in case of cessation of activities, the list of the ceased activities;
a list of the activities that will constitute the core business in the host Member State;
a description of the target customers and counterparties;
structural organisation of the branch, comprising the following information:
a description of the organisational structure of the branch, including functional and legal reporting lines and the position and role of the branch within the corporate structure of the institution and, where applicable, of its group;
a description of the governance arrangements and internal control mechanisms of the branch, including the following information:
where the branch is expected to carry out one or more of the investment services and activities defined in Article 4(1), point (2), of Directive 2014/65/EU of the European Parliament and of the Council ( 1 ), a description of the following arrangements:
the details of professional experience of the persons responsible for the management of the branch;
other information, comprising the following:
a financial plan containing forecasts for balance sheet and profit and loss account covering a period of three years, containing the underlying assumptions;
the name and contact details of the Union deposit guarantee and investor protection schemes of which the institution is a member and which cover the activities and services of the branch, together with the maximum coverage of the investor protection scheme;
details of the branch's IT arrangements.
Article 4
Change in branch particulars notification and notification of termination of operation of a branch
The information to be notified when a credit institution plans to terminate the operation of a branch shall include the following:
the name and contact details of the persons who will be responsible for the process of terminating the operation of the branch;
the estimated schedule for the planned termination and any relevant updates as the process evolves;
the information on the process of terminating the business relations with branch customers;
where the branch takes or took deposits and other repayable funds in the exercise of its activities, a statement by the credit institution 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 operation of that branch.
Article 5
Services passport notification
The information to be notified in a services passport notification shall include the following:
the activities listed in Annex I to Directive 2013/36/EU that the credit institution intends to carry out for the first time in the host Member State;
the activities that will constitute the core business of the credit institution in the host Member State;
the intended commencement date, as accurate as possible, for each activity that the credit institution intends to carry out.
Article 6
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.
( 1 ) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).