Final EBA RTS on booking arrangements for TCBs under CRD6

On 9 January 2026, the EBA published its Final Report on the draft Regulatory Technical Standards (RTS) on booking arrangements for third-country branches (TCBs), following the July 2025 consultation. Please see our client note on that here: EBA consults on draft RTS on booking arrangements for TCBs under CRD6 | Simmons & Simmons. The Final Report introduces several targeted amendments in response to industry feedback, clarifies certain requirements, and confirms the EBA's approach in key areas. Below we highlight the principal changes and their implications for TCBs.

We cover this update in our CRD6 Manager product. See more details of that here: CRD6 Manager | Simmons & Simmons

1. Treatment of transfers to entities outside the group

• Draft RTS (July 2025): Required TCBs to track and record all assets and liabilities originated by the branch, including those transferred to any other entity, potentially including third parties outside the group.
• Final RTS (January 2026): Now specifies that assets and liabilities originated as a result of transfers to entities outside the group need only be tracked and recorded for the reporting periods within the same reporting year in which the transfer occurred. This is a more proportionate approach, recognising the operational challenges of ongoing monitoring where the TCB no longer has access to relevant data. However, any such risk transfer must still be documented in the registry book for monitoring purposes.

Implication: TCBs will benefit from reduced ongoing record-keeping obligations for exposures transferred outside the group, but must ensure robust documentation of such transfers within the relevant reporting year. This change should ease compliance burdens, particularly for branches with significant asset sales or risk transfers to third parties.

2. Use of group processes, systems or procedures

• Draft RTS: Required TCBs to establish processes, systems, and procedures "separately from their head undertaking" for tracking and recording activities.
• Final RTS: Removes the requirement for separate systems. TCBs may rely on group-wide processes, systems, or procedures, provided they can demonstrate sound and effective governance and the ability to manage risks at branch level. The EBA emphasises that arrangements must be commensurate with the branch's nature, scale, and complexity, and adaptable to local risk management needs.

Implication: This amendment provides welcome flexibility for TCBs, allowing continued use of group infrastructure where appropriate, provided local risk management and governance standards are met. Firms should review their current arrangements to ensure they can evidence local oversight and adaptability.

3. Clarification of "booked" and "originated" exposures

• Final RTS: Confirms that the distinction between "booked" and "originated" exposures is to be made by reference to the recognition and derecognition criteria under the accounting framework applicable to the TCB for reporting purposes. The requirement to maintain information "separately from the head undertaking" is retained, with the EBA clarifying that the TCBs are to be treated as distinct operational units for these purposes.

Implication: TCBs must ensure that their registry book and reporting processes are aligned with the relevant accounting framework and that exposures are tracked at the branch level, not just at group or head office level.

4. Scope of transactions to be recorded

• Final RTS: Confirms that all transactions carried out by the TCB must be recorded, including those not requiring authorisation (e.g., reverse solicitation, intra-group transactions). The EBA rejected calls to narrow the scope, emphasising the need for a comprehensive overview of all risks and obligations.

Implication: TCBs must ensure their registry book captures all relevant transactions, regardless of authorisation status, to avoid supervisory challenge.

5. Risk management information in the registry book

• Final RTS: Maintains the requirement for TCBs to include both qualitative and quantitative information on risks and risk management in the registry book, despite industry suggestions that this is better captured through other frameworks. The EBA notes this is mandated by Article 48h CRD6 and is consistent with accounting disclosure standards.

Implication: TCBs should ensure their registry book contains sufficient detail on risk exposures and management practices, proportionate to the branch's activities and risk profile. This may require enhancements to existing documentation and reporting processes.

6. Other technical clarifications

• The final RTS clarify that only present or future obligations stemming from the TCB's own activities should be recorded as off-balance sheet items, and that the reference to CRR Annexes is non-exhaustive.

• The minimum content requirements for the registry book are retained, but the EBA confirms that proportionality applies, allowing TCBs to calibrate the level of detail according to their size and complexity.

  Next steps

  Firms should:

• Review and, where necessary, update registry book policies and procedures to reflect the finalised requirements, particularly regarding the treatment of transfers outside the group and the use of group systems;

• Ensure comprehensive documentation of all transactions and risk transfers, with particular attention to the new proportionality in record-keeping for third-party transfers;

• Assess whether current risk management information in the registry book meets the enhanced requirements; and

• Prepare for ongoing supervisory scrutiny of booking arrangements, especially in light of the clarified and harmonised EU approach.

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