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Document 02014L0049-20140702
Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (recast) (Text with EEA relevance)
Consolidated text: Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (recast) (Text with EEA relevance)
Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (recast) (Text with EEA relevance)
02014L0049 — EN — 02.07.2014 — 000.002
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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DIRECTIVE 2014/49/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 on deposit guarantee schemes (recast) (OJ L 173 12.6.2014, p. 149) |
Corrected by:
DIRECTIVE 2014/49/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 April 2014
on deposit guarantee schemes
(recast)
(Text with EEA relevance)
Article 1
Subject matter and scope
This Directive shall apply to:
statutory DGSs;
contractual DGSs that are officially recognised as DGSs in accordance with Article 4(2);
institutional protection schemes that are officially recognised as DGSs in accordance with Article 4(2);
credit institutions affiliated to the schemes referred to in points (a), (b) or (c) of this paragraph.
Without prejudice to Article 16(5) and (7), the following schemes shall not be subject to this Directive:
contractual schemes that are not officially recognised as DGSs, including schemes that offer an additional protection to the coverage level laid down in Article 6(1);
institutional protection schemes (IPS) that are not officially recognised as DGSs.
Member States shall ensure that schemes referred to in points (a) and (b) of the first subparagraph have in place adequate financial means or relevant financing arrangements to fulfil their obligations.
Article 2
Definitions
For the purposes of this Directive the following definitions apply:
‘deposit guarantee schemes’ or ‘DGSs’ means schemes referred to in point (a), (b) or (c) of Article 1(2);
‘institutional protection schemes’ or ‘IPS’ means institutional protection schemes as referred to in Article 113(7) of Regulation (EU) No 575/2013;
‘deposit’ means a credit balance which results from funds left in an account or from temporary situations deriving from normal banking transactions and which a credit institution is required to repay under the legal and contractual conditions applicable, including a fixed-term deposit and a savings deposit, but excluding a credit balance where:
its existence can only be proven by a financial instrument as defined in Article 4(17) of Directive 2004/39/EC of the European Parliament and of the Council ( 14 ), unless it is a savings product which is evidenced by a certificate of deposit made out to a named person and which exists in a Member State on 2 July 2014;
its principal is not repayable at par;
its principal is only repayable at par under a particular guarantee or agreement provided by the credit institution or a third party;
‘eligible deposits’ means deposits that are not excluded from protection pursuant to Article 5;
‘covered deposits’ means the part of eligible deposits that does not exceed the coverage level laid down in Article 6;
‘depositor’ means the holder or, in the case of a joint account, each of the holders, of a deposit;
‘joint account’ means an account opened in the name of two or more persons or over which two or more persons have rights that are exercised by means of the signature of one or more of those persons;
‘unavailable deposit’ means a deposit that is due and payable but that has not been paid by a credit institution under the legal or contractual conditions applicable thereto, where either:
the relevant administrative authorities have determined that in their view the credit institution concerned appears to be unable for the time being, for reasons which are directly related to its financial circumstances, to repay the deposit and the institution has no current prospect of being able to do so; or
a judicial authority has made a ruling for reasons which are directly related to the credit institution’s financial circumstances and which has the effect of suspending the rights of depositors to make claims against it;
‘credit institution’ means a credit institution as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013;
‘branch’ means a place of business in a Member State which forms a legally dependent part of a credit institution and which carries out directly all or some of the transactions inherent in the business of credit institutions;
‘target level’ means the amount of available financial means which the DGS is required to reach in accordance with Article 10(2), expressed as a percentage of covered deposits of its members;
‘available financial means’ means cash, deposits and low-risk assets which can be liquidated within a period not exceeding that referred to in Article 8(1) and payment commitments up to the limit set out in Article 10(3);
‘payment commitments’ means payment commitments of a credit institution towards a DGS which are fully collateralised providing that the collateral:
consists of low risk assets;
is unencumbered by any third-party rights and is at the disposal of the DGS;
‘low-risk assets’ means items falling into the first or second category referred to in Table 1 of Article 336 of Regulation (EU) No 575/2013 or any assets which are considered to be similarly safe and liquid by the competent or designated authority;
‘home Member State’ means a home Member State as defined in point (43) of Article 4(1) of Regulation (EU) No 575/2013;
‘host Member State’ means a host Member State as defined in point (44) of Article 4(1) of Regulation (EU) No 575/2013;
‘competent authority’ means a national competent authority as defined in point (40) of Article 4(1) of Regulation (EU) No 575/2013;
‘designated authority’ means a body which administers a DGS pursuant to this Directive, or, where the operation of the DGS is administered by a private entity, a public authority designated by the Member State concerned for supervising that scheme pursuant to this Directive.
Article 3
Relevant administrative authorities
The relevant administrative authority shall make the determination referred to in point (8)(a) of Article 2(1) as soon as possible and in any event no later than five working days after first becoming satisfied that a credit institution has failed to repay deposits which are due and payable.
Article 4
Official recognition, membership and supervision
This shall not preclude the merger of DGSs of different Member States or the establishment of cross-border DGSs. Approval of such cross-border or merged DGSs shall be obtained from the Member States where the DGSs concerned are established.
An IPS may be officially recognised as a DGS if it fulfils the criteria laid down in Article 113(7) of Regulation (EU) No 575/2013 and complies with this Directive.
Cross-border DGSs shall be supervised by representatives of the designated authorities of the Member States where the affiliated credit institutions are authorised.
Such tests shall take place at least every three years and more frequently where appropriate. The first test shall take place by 3 July 2017.
Based on the results of the stress tests, EBA shall, at least every five years, conduct peer reviews pursuant to Article 30 of Regulation (EU) No 1093/2010 in order to examine the resilience of DGSs. DGSs shall be subject to the requirements of professional secrecy in accordance with Article 70 of that Regulation when exchanging information with EBA.
Article 5
Eligibility of deposits
The following shall be excluded from any repayment by a DGS:
subject to Article 7(3) of this Directive, deposits made by other credit institutions on their own behalf and for their own account;
own funds as defined in point (118) of Article 4(1) of Regulation (EU) No 575/2013;
deposits arising out of transactions in connection with which there has been a criminal conviction for money laundering as defined in Article 1(2) of Directive 2005/60/EC;
deposits by financial institutions as defined in point (26) of Article 4(1) of Regulation (EU) No 575/2013;
deposits by investment firms as defined in point (1) of Article 4(1) of Directive 2004/39/EC;
deposits the holder of which has never been identified pursuant to Article 9(1) of Directive 2005/60/EC, when they have become unavailable;
deposits by insurance undertakings and by reinsurance undertakings as referred to in Article 13(1) to (6) of Directive 2009/138/EC of the European Parliament and of the Council ( 15 );
deposits by collective investment undertakings;
deposits by pension and retirement funds;
deposits by public authorities;
debt securities issued by a credit institution and liabilities arising out of own acceptances and promissory notes.
By way of derogation from paragraph 1 of this Article, Member States may ensure that the following are included up to the coverage level laid down in Article 6(1):
deposits held by personal pension schemes and occupational pension schemes of small or medium-sized enterprises;
deposits held by local authorities with an annual budget of up to EUR 500 000 .
Article 6
Coverage level
In addition to paragraph 1, Member States shall ensure that the following deposits are protected above EUR 100 000 for at least three months and no longer than 12 months after the amount has been credited or from the moment when such deposits become legally transferable:
deposits resulting from real estate transactions relating to private residential properties;
deposits that serve social purposes laid down in national law and are linked to particular life events of a depositor such as marriage, divorce, retirement, dismissal, redundancy, invalidity or death;
deposits that serve purposes laid down in national law and are based on the payment of insurance benefits or compensation for criminal injuries or wrongful conviction.
Member States shall ensure that repayments are made in any of the following:
the currency of the Member State where the DGS is located;
the currency of the Member State where the account holder is resident;
euro;
the currency of the account;
the currency of the Member State where the account is located.
Depositors shall be informed of the currency of repayment.
If accounts were maintained in a currency different from that of the payout, the exchange rate used shall be that of the date on which the relevant administrative authority makes a determination as referred to in point (8)(a) of Article 2(1) or when a judicial authority makes a ruling as referred to in point (8)(b) of Article 2(1).
Member States may round off the amounts resulting from the conversion, provided that such rounding off does not exceed EUR 5 000 .
Without prejudice to the second subparagraph, Member States shall adjust the coverage levels converted into another currency to the amount referred to in paragraph 1 of this Article every five years. Member States shall make an earlier adjustment of coverage levels, after consulting the Commission, following the occurrence of unforeseen events such as currency fluctuations.
Article 7
Determination of the repayable amount
In the absence of special provisions, such an account shall be divided equally among the depositors.
Member States may provide that deposits in an account to which two or more persons are entitled as members of a business partnership, association or grouping of a similar nature, without legal personality, may be aggregated and treated as if made by a single depositor for the purpose of calculating the limit provided for in Article 6(1).
Depositors shall be informed prior to the conclusion of the contract by the credit institution where their liabilities towards the credit institution are taken into account when calculating the repayable amount.
Article 8
Repayment
However, Member States may, for a transitional period until 31 December 2023, establish the following repayment periods of up to:
20 working days until 31 December 2018;
15 working days from 1 January 2019 until 31 December 2020;
10 working days from 1 January 2021 until 31 December 2023.
DGSs shall only grant access to the appropriate amount as referred to in the first subparagraph on the basis of data provided by the DGS or the credit institution.
The appropriate amount as referred to in the first subparagraph shall be deducted from the repayable amount as referred to in Article 7.
Repayment as referred to in paragraphs 1 and 4 may be deferred where:
it is uncertain whether a person is entitled to receive repayment or the deposit is subject to legal dispute;
the deposit is subject to restrictive measures imposed by national governments or international bodies;
by way of derogation from paragraph 9 of this Article there has been no transaction relating to the deposit within the last 24 months (the account is dormant);
the amount to be repaid is deemed to be part of a temporary high balance as defined in Article 6(2); or
the amount to be repaid is to be paid out by the DGS of the host Member State in accordance with Article 14(2).
Any correspondence between the DGS and the depositor shall be drawn up:
in the official language of the Union institutions that is used by the credit institution holding the covered deposit when writing to the depositor; or
in the official language or languages of the Member State in which the covered deposit is located.
If a credit institution operates directly in another Member State without having established branches, the information shall be provided in the language that was chosen by the depositor when the account was opened.
Article 9
Claims against DGSs
Article 10
Financing of DGSs
DGSs shall raise the available financial means by contributions to be made by their members at least annually. This shall not prevent additional financing from other sources.
Where the financing capacity falls short of the target level, the payment of contributions shall resume at least until the target level is reached again.
If, after the target level has been reached for the first time, the available financial means have been reduced to less than two-thirds of the target level, the regular contribution shall be set at a level allowing the target level to be reached within six years.
The regular contribution shall take due account of the phase of the business cycle, and the impact procyclical contributions may have when setting annual contributions in the context of this Article.
Member States may extend the initial period referred to in the first subparagraph for a maximum of four years if the DGS has made cumulative disbursements in excess of 0,8 % of covered deposits.
In order to ensure consistent application of this Directive, EBA shall issue guidelines on payment commitments.
DGSs shall be entitled to an amount equal to the amount of such contributions up to the target level set out in paragraph 2 of this Article, which the Member State will make immediately available to those DGSs upon request, for use exclusively for the purposes provided for in Article 11.
DGSs are entitled to that amount only if the competent authority considers that they are unable to raise extraordinary contributions from their members. DGSs shall repay that amount through contributions from their members in accordance with Article 10(1) and (2).
By way of derogation from paragraph 2, Member States may, where justified and upon approval of the Commission, authorise a minimum target level lower than the target level specified in paragraph 2, provided that the following conditions are met:
the reduction is based on the assumption that it is unlikely that a significant share of available financial means will be used for measures to protect covered depositors, other than as provided for in Article 11(2) and (6); and
the banking sector in which the credit institutions affiliated to the DGS operate is highly concentrated with a large quantity of assets held by a small number of credit institutions or banking groups, subject to supervision on a consolidated basis which, given their size, are likely in case of failure to be subject to resolution proceedings.
That reduced target level shall not be lower than 0,5 % of covered deposits.
The competent authority may defer, in whole or in part, a credit institution's payment of extraordinary ex-post contributions to the DGS if the contributions would jeopardise the liquidity or solvency of the credit institution. Such deferral shall not be granted for a longer period than six months but may be renewed upon the request of the credit institution. The contributions deferred pursuant to this paragraph shall be paid when such payment no longer jeopardises the liquidity or solvency of the credit institution.
Article 11
Use of funds
Member States may allow a DGS to use the available financial means for alternative measures in order to prevent the failure of a credit institution provided that the following conditions are met:
the resolution authority has not taken any resolution action under Article 32 of Directive 2014/59/EU;
the DGS has appropriate systems and procedures in place for selecting and implementing alternative measures and monitoring affiliated risks;
the costs of the measures do not exceed the costs of fulfilling the statutory or contractual mandate of the DGS;
the use of alternative measures by the DGS is linked to conditions imposed on the credit institution that is being supported, involving at least more stringent risk monitoring and greater verification rights for the DGS;
the use of alternative measures by the DGS is linked to commitments by the credit institution being supported with a view to securing access to covered deposits;
the ability of the affiliated credit institutions to pay the extraordinary contributions in accordance with paragraph 5 of this Article is confirmed in the assessment of the competent authority.
The DGS shall consult the resolution authority and the competent authority on the measures and the conditions imposed on the credit institution.
If available financial means are used in accordance with paragraph 3 of this Article, the affiliated credit institutions shall immediately provide the DGS with the means used for alternative measures, where necessary in the form of extraordinary contributions, where:
the need to reimburse depositors arises and the available financial means of the DGS amount to less than two-thirds of the target level;
the available financial means fall below 25 % of the target level.
Article 12
Borrowing between DGSs
Members States may allow DGSs to lend to other DGSs within the Union on a voluntary basis, provided that the following conditions are met:
the borrowing DGS is not able to fulfil its obligations under Article 9(1) because of a lack of available financial means as referred to in Article 10;
the borrowing DGS has made recourse to extraordinary contributions referred in Article 10(8);
the borrowing DGS undertakes the legal commitment that the borrowed funds will be used in order to pay claims under Article 9(1);
the borrowing DGS is not currently subject to an obligation to repay a loan to other DGSs under this Article;
the borrowing DGS states the amount of money requested;
the total amount lent does not exceed 0,5 % of covered deposits of the borrowing DGS;
the borrowing DGS informs EBA without delay and states the reasons why the conditions set out in this paragraph are fulfilled and the amount of money requested.
The loan shall be subject to the following conditions:
the borrowing DGS must repay the loan within five years. It may repay the loan in annual instalments. Interest shall be due only at the time of repayment;
the interest rate set must be at least equivalent to the marginal lending facility rate of the European Central Bank during the credit period;
the lending DGS must inform EBA of the initial interest rate and the duration of the loan.
Article 13
Calculation of contributions to DGSs
Member States may provide for lower contributions for low-risk sectors which are regulated under national law.
Member States may decide that members of an IPS pay lower contributions to the DGS.
Member States may allow the central body and all credit institutions permanently affiliated to the central body as referred to in Article 10(1) of Regulation (EU) No 575/2013 to be subject as a whole to the risk weight determined for the central body and its affiliated institutions on a consolidated basis.
Member States may decide that credit institutions pay a minimum contribution, irrespective of the amount of their covered deposits.
Each method shall be approved by the competent authority in cooperation with the designated authority. EBA shall be informed about the methods approved.
In particular, it shall include a calculation formula, specific indicators, risk classes for members, thresholds for risk weights assigned to specific risk classes, and other necessary elements.
By 3 July 2017 and at least every five years thereafter, EBA shall conduct a review of the guidelines on risk-based or alternative own-risk-based methods applied by DGSs.
Article 14
Cooperation within the Union
The DGS of the host Member State shall also inform the depositors concerned on behalf of the DGS of the home Member State and shall be entitled to receive correspondence from those depositors on behalf of the DGS of the home Member State.
If some of the activities of a credit institution are transferred to another Member State and thus become subject to another DGS, the contributions of that credit institution paid during the 12 months preceding the transfer, with the exception of the extraordinary contributions in accordance with Article 10(8), shall be transferred to the other DGS in proportion to the amount of covered deposits transferred.
If a credit institution intends to transfer from one DGS to another in accordance with this Directive, it shall give at least six months’ notice of its intention to do so. During that period, the credit institution shall remain under the obligation to contribute to its original DGS in accordance with Article 10 both in terms of ex-ante and ex-post financing.
The designated authority shall notify EBA of the existence and the content of such agreements and EBA may issue opinions in accordance with Article 34 of Regulation (EU) No 1093/2010. If designated authorities or DGSs cannot reach an agreement or if there is a dispute about the interpretation of an agreement, either party may refer the matter to EBA in accordance with Article 19 of Regulation (EU) No 1093/2010 and EBA shall act in accordance with that Article.
The absence of such agreements shall not affect the claims of depositors under Article 9(1) or of credit institutions under paragraph 3 of this Article.
Member States shall inform the Commission and EBA of the identity of their designated authority by 3 July 2015.
Article 15
Branches of credit institutions established in third countries
If protection is not equivalent, Member States may, subject to Article 47(1) of Directive 2013/36/EU, stipulate that branches established by a credit institution which has its head office outside the Union must join a DGS in operation within their territories.
When performing the check provided for in the first subparagraph of this paragraph, Member states shall at least check that depositors benefit from the same coverage level and scope of protection as provided for in this Directive.
Article 16
Depositor information
The website of the DGS shall contain the necessary information for depositors, in particular information concerning the provisions regarding the process for and conditions of deposit guarantees as envisaged under this Directive.
Such information may extend to the factual description of the functioning of the DGS but shall not contain a reference to unlimited coverage of deposits.
Depositors shall be given a three-month period following notification of the merger or conversion or similar operation to withdraw or transfer to another credit institution, without incurring any penalty, their eligible deposits including all accrued interest and benefits in so far as they exceed the coverage level pursuant to Article 6 at the time of the operation.
Article 17
List of authorised credit institutions
Article 18
Exercise of the delegation
Article 19
Transitional provisions
By 3 July 2019, the Commission, supported by EBA, shall submit to the European Parliament and to the Council a report on the progress towards the implementation of this Directive. That report should, in particular, address:
the target level on the basis of covered deposits, with an assessment of the appropriateness of the percentage set, taking into account the failure of credit institutions in the Union in the past;
the impact of alternative measures used in accordance with Article 11(3) on the protection of the depositors and consistency with the orderly winding up proceedings in the banking sector;
the impact on the diversity of banking models;
the adequacy of the current coverage level for depositors; and
whether the matters referred to in this subparagraph have been dealt with in a manner that maintains the protection of depositors.
By 3 July 2019, EBA shall report to the Commission on calculation models and their relevance to the commercial risk of the members. When reporting, EBA shall take due account of the risk profiles of the various business models.
Article 20
Transposition
Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with Article 8(4) by 31 May 2016.
If, after a thorough examination, appropriate authorities establish that a DGS is not yet in a position to comply with Article 13 by 3 July 2015, the relevant laws, regulations and administrative provisions shall be brought into force by 31 May 2016.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
Article 21
Repeal
Directive 94/19/EC as amended by the Directives listed in Annex II is repealed with effect from ►C2 4 July 2015 ◄ without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and the dates of application of the Directives set out in Annex II.
References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.
Article 22
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Points (a), (b) and (c) of Article 5(1), Article 6(1), Article 7(1), (2) and (3), Article 8(8), Article 9(1) and Article 17 shall apply from 4 July 2015.
Article 23
Addressees
This Directive is addressed to the Member States.
ANNEX I
DEPOSITOR INFORMATION TEMPLATE
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Basic information about the protection of deposit |
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Deposits in [insert name of credit institution] are protected by: |
[insert the name of the relevant DGS] (1) |
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Limit of protection: |
EUR 100 000 per depositor per credit institution (2) [replace by adequate amount if currency not EUR] [where applicable:] The following trademarks are part of your credit institution [insert all trademarks which operate under the same licence] |
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If you have more deposits at the same credit institution: |
All your deposits at the same credit institution are ‘aggregated’ and the total is subject to the limit of EUR 100 000 [replace by adequate amount if currency not EUR] (2) |
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If you have a joint account with other person(s): |
The limit of EUR 100 000 [replace by adequate amount if currency not EUR] applies to each depositor separately (3) |
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Reimbursement period in case of credit institution’s failure: |
7 working days (4) [replace by another deadline if applicable] |
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Currency of reimbursement: |
euro [replace by another currency where applicable] |
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Contact: |
[insert the contact data of the relevant DGS (address, telephone, e-mail, etc.)] |
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More information: |
[insert the website of the relevant DGS] |
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Acknowledgement of receipt by the depositor: |
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Additional information (all or some of the below) |
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(1)
Scheme responsible for the protection of your deposit [Only where applicable:] Your deposit is covered by a contractual scheme officially recognised as a Deposit Guarantee Scheme. If insolvency of your credit institution should occur, your deposits would be repaid up to EUR 100 000 [replace by adequate amount if currency not EUR]. [Only where applicable:] Your credit institution is part of an Institutional Protection Scheme officially recognised as a Deposit Guarantee Scheme. This means that all institutions that are members of this scheme mutually support each other in order to avoid insolvency. If insolvency should occur, your deposits would be repaid up to EUR 100 000 [replace by adequate amount if currency not EUR]. [Only where applicable:] Your deposit is covered by a statutory Deposit Guarantee Scheme and a contractual Deposit Guarantee Scheme. If insolvency of your credit institution should occur, your deposits would in any case be repaid up to EUR 100 000 [replace by adequate amount if currency not EUR]. [Only where applicable:] Your deposit is covered by a statutory Deposit Guarantee Scheme. In addition, your credit institution is part of an Institutional Protection Scheme in which all members mutually support each other in order to avoid insolvency. If insolvency should occur, your deposits would be repaid up to EUR 100 000 [replace by adequate amount if currency not EUR] by the Deposit Guarantee Scheme.
(2)
General limit of protection If a deposit is unavailable because a credit institution is unable to meet its financial obligations, depositors are repaid by a Deposit Guarantee Scheme. This repayment covers at maximum EUR 100 000 [replace by adequate amount if currency not EUR] per credit institution. This means that all deposits at the same credit institution are added up in order to determine the coverage level. If, for instance a depositor holds a savings account with EUR 90 000 and a current account with EUR 20 000 , he or she will only be repaid EUR 100 000 . [Only where applicable:] This method will also be applied if a credit institution operates under different trademarks. The [insert name of the account-holding credit institution] also trades under [insert all other trademarks of the same credit institution]. This means that all deposits with one or more of these trademarks are in total covered up to EUR 100 000 .
(3)
Limit of protection for joint accounts In case of joint accounts, the limit of EUR 100 000 applies to each depositor. [Only where applicable:] However, deposits in an account to which two or more persons are entitled as members of a business partnership, association or grouping of a similar nature, without legal personality, are aggregated and treated as if made by a single depositor for the purpose of calculating the limit of EUR 100 000 [replace by adequate amount if currency not EUR]. In some cases [insert cases defined in national law] deposits are protected above EUR 100 000 [replace by adequate amount if currency not EUR]. More information can be obtained under [insert the website of the relevant DGS].
(4)
Reimbursement The responsible Deposit Guarantee Scheme is [insert name and address, telephone, e-mail and website]. It will repay your deposits (up to EUR 100 000 [replace by adequate amount if currency not EUR]) within [insert repayment period as is required by national law] at the latest, from [31 December 2023] within [7 working days]. [Add information on emergency/interim payout if repayable amount(s) are not available within 7 working days.] If you have not been repaid within these deadlines, you should contact the Deposit Guarantee Scheme since the time to claim reimbursement may be barred after a certain time limit. Further information can be obtained under [insert website of the responsible DGS]. Other important information In general, all retail depositors and businesses are covered by Deposit Guarantee Schemes. Exceptions for certain deposits are stated on the website of the responsible Deposit Guarantee Scheme. Your credit institution will also inform you on request whether certain products are covered or not. If deposits are covered, the credit institution shall also confirm this on the statement of account. |
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ANNEX II
PART A
Repealed Directives together with their successive amendments (referred to in Article 21)
Directive 94/19/EC of the European Parliament and of the Council
Directive 2009/14/EC of the European Parliament and of the Council
PART B
Deadlines for transposition (referred to in Article 21)
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Directive |
Deadline for transposition |
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94/19/EC |
1.7.1995 |
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2009/14/EC |
30.6.2009 |
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2009/14/EC (second paragraph of point 3(i) of Article 1, Article 7(1a) and (3) and Article 10(1) of Directive 94/19/EC as amended by Directive 2009/14/EC) |
31.12.2010 |
ANNEX III
CORRELATION TABLE
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Directive 94/19/EC |
Directive 2009/14/EC |
This Directive |
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— |
— |
Article 1 |
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Article 2(1)(1) |
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Article 1(1) |
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Article 2(1)(3) |
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Article 2(1)(4) |
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Article 1(2) |
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Article 2(1)(7) |
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Article 1(3) |
Article 1(1) |
Article 2(1)(8) |
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Article 1(4) |
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Article 2(1)(9) |
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Article 1(5) |
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Article 2(1)(10) |
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Article 2(1)(11) to (18) |
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Article 2(2) |
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Article 1(1) |
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Article 2(3) |
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Article 3 |
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Article 3(1) |
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Article 4(1) |
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Article 4(2) |
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Article 3(1) |
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Article 4(3) |
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Article 3(2) |
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Article 4(4) |
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Article 3(3) |
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Article 4(5) and (6) |
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Article 4(9) |
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Article 4(10) and (11) |
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Article 2 |
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Article 5(1)(a), (b) and (c) |
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Article 7(2), Annex I(1) |
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Article 5(1)(d) |
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Article 5(1)(e) |
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Article 7(2), Annex I(10) |
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Article 5(1)(f) |
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Article 7(2), Annex I(2) |
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Article 5(1)(g) |
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Article 7(2), Annex I(5) |
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Article 5(1)(h) |
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Article 7(2), Annex I(6) |
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Article 5(1)(i) |
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Article 7(2), Annex I(3), (4) |
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Article 5(1)(j) |
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Article 7(2), Annex I(12) |
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Article 5(1)(k) |
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Article 7(1) |
Article 1(3)(a) |
Article 6(1) |
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Article 6(2) and (3) |
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Article 6(4) |
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Article 1(3)(a) |
Article 6(5) |
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Article 7(5) |
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Article 6(6) |
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Article 1(3)(d) |
Article 6(7) |
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Article 8 |
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Article 7(1), (2) and (3) |
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Article 7(4) to (9) |
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Article 10(1) |
Article 1(6)(a) |
Article 8(1) |
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Article 8(2) to (6) |
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Article 10(4) |
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Article 8(7) |
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Article 10(5) |
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Article 8(8) |
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Article 8(9) |
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Article 7(6) |
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Article 9(1) |
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Article 11 |
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Article 9(2) |
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Article 9(3) |
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Articles 10-13 |
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Article 4(1) |
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Article 14(1) |
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Article 14(2) to (8) |
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Article 6 |
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Article 15 |
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Article 9(1) |
Article 1(5) |
Article 16(1), (2) and (3) |
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Article 9(2) |
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Article 16(4) |
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Article 16(5) |
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Article 13 |
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Article 17 |
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Article 1(4) |
Article 18 |
( 1 ) OJ C 99, 31.3.2011, p. 1.
( 2 ) Position of the European Parliament of 16 February 2012 (OJ C 249 E, 30.8.2013, p. 81) and Decision of the Council at first reading of 3 March 2014 (not yet published in the Official Journal). Position of the European Parliament of 16 April 2014 (not yet published in the Official Journal).
( 3 ) Directive 94/19/EC of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes (OJ L 135, 31.5.1994, p. 5).
( 4 ) See Annex III.
( 5 ) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
( 6 ) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
( 7 ) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (see page 190 of this Official Journal).
( 8 ) Directive 2009/14/EC of the European Parliament and of the Council of 11 March 2009 amending Directive 94/19/EC on deposit-guarantee schemes as regards the coverage level and the payout delay (OJ L 68, 13.3.2009, p. 3).
( 9 ) Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).
( 10 ) Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).
( 11 ) Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
( 12 ) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
( 13 ) Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (OJ C 369, 17.12.2011, p. 14).
( 14 ) Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1).
( 15 ) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).
( 16 ) Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ L 299, 8.11.2008, p. 25).
( 17 ) Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (OJ L 331, 15.12.2010, p. 1).