(12)

Article 11 is replaced by the following: ‘Article 11 Use of funds 1. Member States shall ensure that DGSs use the available financial means referred to in Article 10 primarily to secure repayments to depositors in accordance with Article 8. 2. Member States shall ensure that DGSs use the available financial means to finance the resolution of credit institutions in accordance with Article 109 of Directive 2014/59/EU. 3. Member States may allow DGSs to use the available financial means for preventive measures where all of the following apply: 4. Where available financial means have been used for preventive measures as referred to in Article 11a, the affiliated credit institutions shall immediately provide the DGS with the means used for such measures, where necessary in the form of extraordinary contributions, where either of the following applies: 5. Where a credit institution is wound up in accordance with Article 32b of Directive 2014/59/EU in order to exit the market or terminate its banking activity, Member States may allow DGSs to use the available financial means for alternative measures to preserve the access of depositors to their deposits, including the transfer of assets and liabilities and a deposit book transfer, provided that all the conditions laid down in Article 11d of this Directive are met. 6. By 11 May 2030, the Commission shall, after having consulted EBA, submit a report to the European Parliament and to the Council assessing the implementation and impact of the provisions related to the measures referred to in paragraphs 3 and 5, including: The report shall be accompanied by a legislative proposal where appropriate.’ ; the resolution authority has not taken a decision as referred to in Article 82(2) of Directive 2014/59/EU; all of the conditions laid down in Articles 11a and 11b are met. the need to repay depositors or to intervene in resolution arises and the available financial means of the DGS amount to less than two-thirds of the target level; the available financial means of the DGS fall below 25 % of the target level. an evaluation of the state of play of the transposition and implementation of those measures and any legal or practical obstacles that have prevented Member States from enabling their DGSs to finance them; an assessment of the effectiveness of those measures and the extent to which they have contributed to the achievement of the objectives of this Directive; an analysis of the appropriateness of making those measures available to DGSs in all Member States.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-08 · Text as adopted (Official Journal); later amendments are not incorporated in this text.