- Question ID
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2023_6876
- Legal act
- Regulation (EU) No 2022/2554 (DORA)
- Topic
- Other DORA topics
- Article
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2
- Paragraph
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a
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
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N/A
- Type of submitter
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Competent authority
- Subject matter
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DORA Regulation & Applicability to Third-Country Branches
- Question
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Is Regulation (EU) 2022/2554 (DORA) applicable to third-country branches that are licensed in our country (EU country) as Credit Institutions?
- Background on the question
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It is our understanding that Credit Institutions that are third-country branches licensed in an EU country would be included in scope of the DORA Regulation and, thus, so would the requirements of the Regulation apply.
We have encountered a particular situation where we have a third-country branch licensed as Credit Institutions in our EU jurisdiction. However, from a financial perspective, this particular branch has very limited operations in our country and the EU as a whole.
- Submission date
- Final publishing date
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- Final answer
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DORA applies to credit institutions as defined in its Article 3(31), by cross-referring to the definition of credit institution in Article 4(1), point (1) of Regulation (EU) No 575/2013 (CRR). According to the CRR, 'credit institutions' are EU licensed credit institutions. In cases where Directive 2013/36/EU (CRD) applies to third country branches, a reference to third-country branches, and not to credit institutions, is made. As DORA does not refer to third country branches in its scope, it only applies to EU credit institutions and not third-country branches.
Disclaimer: The answers clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are merely intended to assist natural or legal persons, including competent authorities and Union institutions and bodies in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.
- Status
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Final Q&A
- Answer prepared by
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Answer prepared by the European Commission because it is a matter of interpretation of Union law.
Disclaimer
The Q&A refers to the provisions in force on the day of their publication. The EBA does not systematically review published Q&As following the amendment of legislative acts. Users of the Q&A tool should therefore check the date of publication of the Q&A and whether the provisions referred to in the answer remain the same.