AI Summary of Recitals
This Directive recasts and harmonises rules on deposit-guarantee schemes (DGSs) under the TFEU, establishing a uniform depositor coverage level of EUR 100,000 (with limited transitional higher coverage for certain Member States until 31 December 2018), protection per identifiable depositor, and equal treatment of branch depositors. It clarifies scope and exclusions (excluding electronic money and most financial instruments), defines eligible and excluded depositors (notably excluding certain public authorities, financial institutions and money‑laundering actors), recognises institutional protection schemes where compliant, and requires compliance with State aid rules.
Governance and funding requirements include sound governance, annual reporting, an ex‑ante target funding level, risk‑based contributions approved by competent authorities, and permissible use of DGS resources for repayment (paybox), resolution support or preventive measures within a defined framework. The Directive shortens payout to seven working days (with transitional arrangements and advance access for living costs), provides for subrogation rights, data protection, cooperation among authorities, EBA guidance and dispute settlement, and empowers the Commission to adjust coverage for inflation and requires Member State transposition of substantive changes.
Recitals
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 53(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Central Bank [OJ C 99, 31.3.2011, p. 1.],
Acting in accordance with the ordinary legislative procedure [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).],
Whereas:
(1) Directive 94/19/EC of the European Parliament and of the Council [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).] has been substantially amended [See Annex III.]. Since further amendments are to be made, that Directive should be recast in the interests of clarity.
(2) In order to make it easier to take up and pursue the business of credit institutions, it is necessary to eliminate certain differences between the laws of the Member States as regards the rules on deposit guarantee schemes (DGSs) to which those credit institutions are subject.