What about people active at branches established in Belgium of credit institutions governed by the law of a Member State of the European Economic Area (EEA)?

Persons active in Belgium at a Belgian branch of a credit institution governed by the law of another EEA Member State could be considered as banking service providers belonging to Category 2 (managers responsible) or to Category 4 (persons who directly participate in the exercise of banking activities, or in the provision of banking services, within Belgium). Categories 1 and 3 are excluded. The same applies to senior managers and those responsible for the independent control functions of such a branch.

It is up to the Entity in question to identify in concreto those among its staff members who enter into these categories. The fact that a person has or has not undergone a fit & proper assessment in the EEA Member State is, for example, not decisive in this respect.