Decision (EU) 2019/322 of the European Central BankShow full title

Article 10 Criteria for the adoption of delegated decisions on operations in third countries or territories

1. Decisions approving the establishment of a branch by a significant supervised entity in a third country or territory shall be taken by means of a delegated decision if all of the following criteria are met:

(a) the branch is established in a third country or territory with equivalent supervisory and regulatory standards;

(b) the total assets of the branch as estimated in the programme of operations do not exceed 10 % of the total assets of the significant supervised entity; and

(c) the branch carries out transactions that are primarily executed in the third country or territory where the branch is established.

2. Decisions on the following operations by a significant supervised entity shall be taken by means of a delegated decision:

(a) the closure of a branch;

(b) changes in branch structures;

(c) the establishment or closure of a representative office; and

(d) the provision of banking services in a third country or territory without the establishment of a physical presence there in the form of a branch or a subsidiary,

unless the relevant operations are undertaken in a country included in the list in the Annex to Commission Delegated Regulation (EU) 2016/1675(1).

3. The assessment of operations in third countries or territories shall be carried out in accordance with the relevant provisions of national law, also taking into consideration any applicable ECB guides and/or national competent authorities' policy stances, guidance or similar acts.

(1)

Commission Delegated Regulation (EU) 2016/1675 of 14 July 2016 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies (OJ L 254, 20.9.2016, p. 1).