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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) Text with EEA relevance

article  5

CELEX:  02014L0049-20140702

1. The following shall be excluded from any repayment by a DGS:
(a) subject to Article 7(3) of this Directive, deposits made by other credit institutions on their own behalf and for their own account;
(b) own funds as defined in point (118) of Article 4(1) of Regulation (EU) No 575/2013;
(c) 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;
(d) deposits by financial institutions as defined in point (26) of Article 4(1) of Regulation (EU) No 575/2013;
(e) deposits by investment firms as defined in point (1) of Article 4(1) of Directive 2004/39/EC;
(f) deposits the holder of which has never been identified pursuant to Article 9(1) of Directive 2005/60/EC, when they have become unavailable;
(g) 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 ();
(h) deposits by collective investment undertakings;
(i) deposits by pension and retirement funds;
(j) deposits by public authorities;
(k) debt securities issued by a credit institution and liabilities arising out of own acceptances and promissory notes.
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  5

CELEX:  02014L0049-20140702

2. 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):
(a) deposits held by personal pension schemes and occupational pension schemes of small or medium-sized enterprises;
(b) deposits held by local authorities with an annual budget of up to EUR 500 000 .
3. Member States may provide that deposits that may be released in accordance with national law only to pay off a loan on private immovable property whether made by the credit institution or another institution holding the deposit are excluded from repayment by a DGS.
4. Member States shall ensure that credit institutions mark eligible deposits in a way that allows an immediate identification of such deposits.