1) EBA: consultation launched on revisions to the ITS on the decision-making process on prudential requirements under Article 113 CRD for cross-border banking groups

On 25 September 2026, the European Banking Authority (“EBA”) launched a public consultation on amendments to the implementing technical standards (“ITS”) on the joint decision process.

The ITS concerns the institution-specific capital and liquidity requirements for cross-border banking groups, pursuant to Article 113 of Directive (EU) 2013/36 (the so called CRD), and form part of the EBA’s broader commitment to simplifying and improving the efficiency of the regulatory and supervisory framework.

Indeed, the ITS currently in force, contained in Implementing Regulation (EU) No 2014/710, are no longer fully in line with supervisory practices: these have evolved towards a more risk-based, proportionate and continuous approach. Nor do the ITS reflect the extension of joint decisions introduced by Directive (EU) 2019/878 (the so called CRD V), which extended them to Pillar 2 guidance (“P2G”) and to elements relating to the leverage ratio (“P2R-LR” and “P2G-LR”).

In particular, the main novelties concern:

  • a more comprehensive and coordinated assessment of prudential requirements and guidance;
  • the streamlining of templates, with a single, reduced and integrated risk assessment report;
  • alignment with the amended supervisory review and evaluation process framework;
  • a clearer integration of qualitative supervisory measures;
  • the extension of joint decisions to P2G, P2R-LR and P2G-LR.

The consultation will remain open until 4 January 2027.

2) ECB: Guide to Submitting Applications for Banking Licenses Published

On 18 September 2026, the European Central Bank (“ECB”) published the new guide on the authorisation procedure for taking up the business of banking (the “Guide”). The document aims to provide a clearer and more uniform framework of the practices applicable to applications for authorisation to become credit institutions within the so-called Single Supervisory Mechanism (“SSM”).

Indeed, since 2014 the ECB has had the exclusive power to grant and withdraw authorisations for all credit institutions established in the Member States participating in the SSM, while conducting its assessment in cooperation with the national competent authorities. Under the Guide, the ECB and the national competent authorities, when assessing the applications received, will take into account — on a proportionate basis — the institution’s expected size, operational complexity, business model and risk profile.

As regards scope, the Guide covers all applications for authorization under Regulation (EU) No 575/2013 (“CRR”): from authorizations for new credit institutions to applications relating to bridge banks, through to extensions of authorizations already granted.

As to the nature of the document, the Guide does not establish legally binding requirements and does not introduce obligations additional to the rules already in force, but is intended to offer operators a practical tool for navigating the CRR, Directive (EU) 2013/36 (the so-called CRD), the national transposing legislation and the technical standards and guidelines issued by the European Banking Authority. The document — which replaces the previous 2019 version — will be subject to periodic review in order to take account of developments in supervisory practice and in the case-law of the Court of Justice of the EU.