(9)

the following Articles are inserted: ‘Article 8a Repayment of deposits exceeding EUR 10 000 Member States shall ensure, where the amounts to be repaid exceed EUR 10 000, that DGSs repay, where possible, depositors via credit transfers as defined in Article 4, point (24), of Directive (EU) 2015/2366 of the European Parliament and of the Council (*3) or, where such credit transfers are not possible, via means of payment, other than payment in cash, that ensure the traceability of funds. Article 8b Coverage of client funds deposits 1. Member States shall ensure that client funds deposits are covered by DGSs where all of the following apply: 2. Member States shall ensure that the coverage level referred to in Article 6(1) applies to each of the clients that meet the condition laid down in paragraph 1, point (c), of this Article. By way of derogation from Article 7(1), when determining the repayable amount for an individual client, the DGS shall not take into account the aggregate amount of deposits placed by that client with the same credit institution. 3. Member States shall ensure that DGSs repay covered client funds deposits either to the account holder for the benefit of each client, or to the client directly. 4. EBA shall develop draft regulatory technical standards to specify: When developing the draft regulatory technical standards referred to in the first subparagraph of this paragraph, EBA shall take into account the following: EBA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by 11 May 2027. Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010. Article 8c Suspension of repayments in the event of concerns about money laundering or terrorist financing 1. Member States shall ensure that the designated authority informs the DGS within 24 hours of the moment that the designated authority receives from a financial supervisor as defined in Article 2, point (1), of Directive (EU) 2024/1640 of the European Parliament and of the Council (*4) the information referred to in Article 64(4) of that Directive. Member States shall ensure that the information exchanged between the designated authority and the DGS is limited to the information that is strictly necessary for the exercise of the DGS’ tasks and responsibilities under this Directive and that such exchange of information respects the requirements laid down in Directive 96/9/EC of the European Parliament and of the Council (*5). 2. Member States shall ensure that the DGS suspends the repayment of the repayable amount where a depositor or any person entitled to sums held in his or her account has been charged with an offence arising out of, or in relation to, money laundering or terrorist financing, pending the judgment of the court. Member States shall establish a procedure which ensures that that information is communicated to the DGS in a timely manner. 3. Member States shall ensure that the DGS suspends the repayment of the repayable amount for the same period as that laid down in Article 24 of Directive (EU) 2024/1640 where it is informed by the credit institution or designated authority that the financial intelligence unit referred to in that Article has suspended a transaction, account or business relationship related to the concerned depositor. 4. Member States shall ensure that the DGS is not held liable for any suspension undertaken in accordance with paragraphs 2 and 3. (*3) Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35, ELI: http://data.europa.eu/eli/dir/2015/2366/oj)." (*4) Directive (EU) 2024/1640 of the European Parliament and of the Council of 31 May 2024 on the mechanisms to be put in place by Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Directive(EU) 2019/1937, and amending and repealing Directive (EU) 2015/849 (OJ L, 2024/1640, 19.6.2024, ELI: http://data.europa.eu/eli/dir/2024/1640/oj)." (*5) Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20, ELI: http://data.europa.eu/eli/dir/1996/9/oj).’;" such deposits are placed on behalf and for the account of clients who are eligible for protection in accordance with Article 5(1); such deposits are made on segregated accounts in compliance with safeguarding requirements laid down in Union law regulating the activities of the entities referred to in Article 5(1), point (d); the clients referred to in point (a) of this paragraph are identified or identifiable by the financial institution holding the account on behalf of those clients prior to the date on which a relevant administrative authority makes a determination as referred to in Article 2(1), point (8)(a), or a judicial authority makes a ruling as referred to in Article 2(1), point (8)(b). the technical details related to the identification of clients for repayment in accordance with Article 8; the criteria under and circumstances in which repayment is to be made to the account holder for the benefit of each client or to the client directly; the rules to avoid multiple claims for payout to the same beneficiary. the specificities of the business model of the different types of financial institutions referred to in Article 5(1), point (d); the specific requirements of the applicable Union law regulating the activities of the financial institutions referred to in Article 5(1), point (d), for the treatment of client funds.

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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.