AI Summary of Article 4 Official recognition, membership and supervision
Member States must ensure one or more deposit guarantee schemes (DGSs) are introduced and officially recognised within their territory; mergers or cross‑border DGSs are permitted subject to approval by the Member States where those DGSs are established. Contractual schemes and institutional protection schemes (IPS) may be recognised if they meet the Directive’s criteria. A credit institution authorised under Directive 2013/36/EU shall not take deposits unless it is a member of an officially recognised DGS. DGSs must notify designated and competent authorities where a member fails to comply; competent authorities, cooperating with designated authorities and relevant DGSs, must promptly take appropriate measures including penalties and may use supervisory powers. Late contributions attract statutory interest and, if remedial measures fail, the DGS must assess continued membership; withdrawal of authorisation ends membership but deposits on the date of cessation remain covered.
Designated authorities supervise DGSs on an ongoing basis, with cross‑border DGSs supervised by representatives of authorities of the Member States where affiliated institutions are authorised; designated authorities retain enforcement powers where a private entity administers the DGS. DGSs must ensure confidentiality and process depositor data in accordance with Directive 95/46/EC. DGSs shall perform stress tests at least every three years (first by 3 July 2017) and be informed promptly of institution problems likely to trigger intervention; EBA shall conduct peer reviews at least every five years and DGSs are subject to professional secrecy in exchanges with EBA. Stress‑test data may be used only for testing and retained no longer than necessary; DGSs must maintain sound, transparent governance, produce an annual report, and EBA shall develop stress‑test guidelines and a factual summary by 11 May 2029.
Article 4 Official recognition, membership and supervision
1. Each Member State shall ensure that within its territory one or more DGSs are introduced and officially recognised.
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.
2. A contractual scheme as referred to in point (b) of Article 1(2) of this Directive may be officially recognised as a DGS if it complies with this Directive.
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.
3. A credit institution authorised in a Member State pursuant to Article 8 of Directive 2013/36/EU shall not take deposits unless it is a member of a scheme officially recognised in its home Member State pursuant to paragraph 1 of this Article.