+5. Minimum core elements of the cooperation agreements
---+17. Pursuant to Article 14(5) of Directive 2014/49/EU, cooperation agreements should, at least …
---+18. For each of these three outlined areas, this section includes a list of minimum core elements …
---+5.1 Modalities for repaying depositors at branches
------+40. Supplementary bilateral or multilateral cooperation agreements should also specify the …
------+41. Cooperation agreements should specify that the currency of the repayment shall be the currency …
------+42. Where the law of the home DGS allows for a choice between several currencies and where that …
------+43. Where there is a need for a currency exchange, the rate to be applied should be the spot rate …
------+44. The necessary funding referred to in paragraphs 32–34 should be provided in the currency of …
------+45. Cooperation agreements should specify that the host DGS will handle communication with …
------+46. In addition, where the home DGS has the capability to effectively handle communication with …
------+47. Cooperation agreements should specify that the language to be used by DGSs in communicating …
------+48. The home and the host DGSs or, where relevant, the designated authorities, should use English …
------+49. Communication channels established to communicate with the depositors, and between the home and …
------+50. Cooperation agreements should specify the types of costs that the home DGS will reimburse the …
------+51. Eligible costs incurred by the host DGS should meet the following criteria: a. be necessary for …
------+52. Cooperation agreements may provide that: a. the home DGS shall provide a lump sum amount, based …
------+53. Where the host DGS is reimbursed following the payout, reimbursement details, such as time to …
------+54. To further reinforce trust in DGSs’ ability to perform their function in the case of a payout …
------+55. Such an audit, subject to the DGSs’ or, where relevant, the designated authorities’ agreement …
------+19. Cooperation agreements between DGSs, or where appropriate, designated authorities, should …
------+20. Cooperation agreements should specify the content and the process of sending the notification …
------+21. The home DGS should notify the host DGS, and the designated authority of the host Member State …
------+22. The notification should be transmitted by the home DGS to the host DGS immediately upon …
------+23. While Article 4(9) of Directive 2014/49/EU requires DGSs to ensure the confidentiality and the …
------+24. Cooperation agreements should provide a deadline by which the home DGS should send all the …
------+25. The home DGS should obtain the SCV in line with domestic deadlines for receiving this …
------+26. In the event that the home DGS does not have all the information needed, depending on the …
------+27. The DGSs should inform one another promptly of any updates to the data.
------+28. The host DGS should strive to ensure that the repayable amount is available to depositors as …
------+29. Following the initial payout, the host DGS should inform the home DGS in a documented manner of …
------+30. Cooperation agreements should provide that, after receiving notification of unavailability of …
------+31. The accounts and transfer method chosen should ensure utmost security of the funds and …
------+32. Cooperation agreements should specify the deadline for providing the necessary funding.
------+33. The home DGS should provide the host DGS with the necessary funds no later than the day on …
------+34. Any funds advanced in excess to the host DGS should be refunded to the home DGS by no later …
------+35. Where the home DGS’s deadline for making the payout amount repayable is longer than seven …
------+36. The host DGS should, within one working day, notify the home DGS of a depositor request for a …
------+37. When a depositor requests a payout of a cost of living amount, either directly to the home DGS …
------+38. Where the full payout is imminent, or where a partial payout would significantly delay the full …
------+39. Cooperation agreements should outline the process for repaying temporary high balances by the …
------+56. Any costs arising from delays in the home DGS providing the host DGS with the instructions for …
------+57. Where the delay is attributable to the host DGS’s actions, the host DGS should bear the costs …
------+58. In accordance with Article 14(2) of the Directive 2014/49/EU, the host DGS shall not bear any …
------+59. The home and the host DGS may bilaterally agree that, on a case-by-case basis and no earlier …
---+5.2 Modalities for the transfer of DGS contributions and information between DGSs
------+60. Cooperation agreements between DGSs, or where appropriate, the designated authorities, should …
------+61. Article 14(6) in connection with Article 4(9) of Directive 2014/49/EU requires effective …
------+62. While the abovementioned provision ensures a common minimum set of standards of confidentiality …
------+63. The provision of accurate data is a key step in ensuring an effective transfer of information …
------+64. The deadline should be set before the institution formally leaves the transferring DGS and …
------+65. The information to be transmitted should include anything that the transferring DGS and the …
------+66. The transferring DGS should not be required to obtain new information for the purpose of …
------+67. The transferring DGS should be able to refuse to share information which, due to its sensitive …
------+68. Any costs of raising the funds by the transferring DGS, where, for example, the transferring …
------+69. The receiving DGS should provide the transferring DGS with the account details and any other …
------+70. Cooperation agreements should acknowledge that the transferring DGS will provide funds in the …
------+71. According to paragraph 13(d) of the EBA guidelines on payment commitments to deposit guarantee …
------+72. Cooperation agreements should specify the deadline by which the transferring DGS, where …
------+73. Where the transferring DGS decides to enforce the commitment and transfer the proceeds to the …
------+74. Where the transferring DGS decides not to enforce the payment commitments, it should engage …
------+75. A membership of a DGS is a necessary condition for a credit institution being allowed to take …
------+76. Where the receiving DGS is willing to take the risk of accepting the new member credit …
------+77. The DGSs should communicate in English when transmitting information from one DGS to the other …
------+78. Cooperation agreements should specify that the receiving DGS is responsible for any costs …
------+79. Cooperation agreements should include a clause specifying that where delays in the provision of …
---+5.3 Modalities for mutual lending between DGSs
------+80. The cooperation agreement should outline whether, in accordance with the law in their …
------+81. Where the DGSs do not agree to lend to one another, either because their national law does not …
------+82. Where the DGSs intend to lend to one another, the cooperation agreement should specify in how …
---+5.4 Effective dispute resolution
------+83. Cooperation agreements should include a clause stating that any party may refer any dispute …

5. Minimum core elements of the cooperation agreements

5. Minimum core elements of the cooperation agreements

1. Overview

,
Summary Regulation
17. Pursuant to Article 14(5) of Directive 2014/49/EU, cooperation agreements should, at least …

Pursuant to Article 14(5) of Directive 2014/49/EU, cooperation agreements should, at least, cover the following three key areas:

  • i. modalities for repaying depositors by the host DGS at branches of credit institutions authorised in other Member States pursuant to Article 14(2) of Directive 2014/49/EU;
  • ii. modalities for the transfer of contributions from one DGS to another in case a credit institution ceases to be a member of a DGS and joins another DGS, including cross-border and domestic transfers, pursuant to Article 14(3) of Directive 2014/49/EU;
  • iii. modalities for mutual lending between DGSs pursuant to Article 12 of Directive 2014/49/EU.
18. For each of these three outlined areas, this section includes a list of minimum core elements …

For each of these three outlined areas, this section includes a list of minimum core elements of the cooperation agreements.

5.1 Modalities for repaying depositors at branches

5.1 Modalities for repaying depositors at branches

5.2 Modalities for the transfer of DGS contributions and information between DGSs

5.2 Modalities for the transfer of DGS contributions and information between DGSs

5.3 Modalities for mutual lending between DGSs

5.3 Modalities for mutual lending between DGSs

5.4 Effective dispute resolution

5.4 Effective dispute resolution

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements
Source Requirement

3. Related Standards

Standards
Source Requirement
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