Eligibility of deposits
Article 5
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.
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.
Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).