(fra kommisjonsforordningen)

(1) Third-country branches may only conduct the authorised activities within the Member State where they are established, except for the situations specified in Article 48c(4), point (d), of Directive 2013/36/EU. Correspondingly, the activities of third-country branches to be recorded in the registry book referred to in Article 48h(1) of that Directive should be any transactions carried out by the third-country branch, including transactions on the basis of their authorised activities, transactions that do not require authorisation or concern intragroup transactions and transactions entered into on the basis of reverse solicitation of services. 

(2) To ensure an accurate recording of all assets and liabilities booked or originated and of off-balance sheet items that arise as a result of the activities of the third-country branch established in a Member State, third-country branches should follow a precise methodology, developed in line with the accounting framework, to maintain the registry book. 

(3) For the identification of assets and liabilities booked or originated to be recorded in the registry book, third-country branches should follow the principles of recognition and derecognition laid down in the accounting framework applied by such third-country branches in accordance with Article 48k of Directive 2013/36/EU. Third-country branches should determine off-balance sheet items on the basis of contingent assets or liabilities, as those items do not represent a present right or obligation that should be recognised on the balance sheet. To ensure that the same treatment is applied across third-country branches despite the application of different accounting frameworks, third-country branches should track and record in the registry book also derivative instruments that are not recognised under the accounting framework. 

(4) To adequately monitor the financial and risk situation of the third-country branch, third- country branches should comprehensively record in the registry book all assets and liabilities, and off-balance sheet items. The registry book should capture any rights, obligations or commitments, either present or contingent, and record all the assets, liabilities and off-balance sheet items that arise accordingly. To ensure the accuracy of the registry book, third-country branches should re-assess the value of assets and liabilities booked, including those related to their impairment, depreciation or amortisation. 

(5) To provide a comprehensive picture of the activities carried out in the Union, thirdcountry branches should treat intragroup transactions between the third-country branch and its head undertaking or other entities, including funding transactions with other third-country branches of the same head undertaking in accordance with Article 48c(4), point (d), of Directive 2013/36/EU, as if those transactions were carried out with external counterparties and, as such, those transactions should be duly recorded in the registry book. Third-country branches should track and record assets and liabilities originated by the third-country branch as long as any of the associated risks, rewards or obligations transferred are still present. Where risks, rewards, or obligations are transferred to entities outside of the group, third-country branches should record those assets and liabilities only for the reporting periods within the same reporting year in which the transfer occurred. 

(6) To ensure an adequate and autonomous management of the risks generated by the activities of the third-country branch, the registry book should contain all necessary information on its assets, liabilities, derivative instruments and off-balance sheet items. To promote consistency and safeguard proportionality, it is necessary to provide for a minimum set of information for the registry book. 

(7) To provide the necessary information on the risks generated and the methods used to manage those risks, third-country branches should include all relevant risks in their registry book, with a level of detail proportionate to the size and complexity of their operations. That risk information should encompass qualitative and quantitative data, ensuring a comprehensive overview and effective monitoring of the risks generated by the third-country branch. 

(8) This Regulation is based on the draft regulatory technical standards submitted to the Commission by the European Banking Authority. 

(9) The European Banking Authority has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council2 ,