The European Banking Authority (EBA) today launched a public consultation on its draft Guidelines on Ancillary Services Undertakings (ASUs). The draft Guidelines set out clear, simple and consistent criteria for the identification of activities referred under the Capital Requirements Regulation (CRR). The consultation runs until 7 October 2025.
The proper identification of ASUs is essential to ensure the consistent and effective application of the prudential framework. It plays a key role in determining the scope of prudential consolidation for banking groups, thereby enabling institutions to comply with the obligations laid down in the CRR on a consolidated basis.
The draft Guidelines set the criteria for the identification of: (a) activities that should be considered a “direct extension of banking”; and (b) activities that should be considered “ancillary to banking”. They also outline the process to identify activities that the EBA may consider similar to those referred to in the CRR to ensure that the guidelines remain responsive to emerging sources of risks.
The objective of the draft Guidelines is to promote convergence in institutions and supervisory practices regarding the identification of ASUs, with the aim of ensuring a level playing field and enhancing the comparability of prudential requirements across the EU.
Consultation process
Comments to the consultation paper can be sent by clicking on the "send your comments" on the EBA's consultation page. The deadline for the submission of comments is 7 October 2025. The EBA will consider the feedback received to this consultation when finalising the Guidelines.
All contributions received will be published following the end of the consultation, unless requested otherwise.
The EBA will hold a virtual public hearing on the consultation paper on 2 September 2025 from 10:00 to 11:30 CET. The EBA invites interested stakeholders to register using this link by 26 August 2025 at 18:00. The dial-in details will be communicated to those who have registered for the meeting.
Legal basis and background
The draft Guidelines were developed as part of the planned EBA’s actions for the implementation of the EU banking package. They deliver on the mandate laid down in Article 4(5) of the CRR, whereby the EBA shall issue guidelines specifying the criteria for the identification of activities that are performed by ancillary services undertakings, as referred to in points (a), (b) and (c) of Article 4(1)(18) of the CRR.
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