EBA consults on draft Guidelines on cooperation agreements between deposit guarantee schemes

29 July 2015

The European Banking Authority (EBA) launched today a consultation on draft Guidelines on cooperation agreements between deposit guarantee schemes (DGSs). These Guidelines are part of the EBA's work to promote a consistent and coherent approach to cooperation agreements between deposit guarantee schemes (DGSs) across the European Union (EU). The consultation runs until 29 October 2015.
 
The Deposit Guarantee Schemes Directive (DGSD) aims at ensuring a uniform level of protection for depositors throughout the EU. The cross-border nature of many of the EU's credit institutions calls for effective cooperation between the DGSs and relevant authorities to ensure financial stability in the EU, including when a credit institution fails and there is a need for the DGSs to pay out depositors. The DGSD stipulates that, in order to facilitate effective cooperation, there must be written agreements in place between DGSs. 
 

The proposed Guidelines specify the objectives and minimum content of those cooperation agreements, with the aim of ensuring a consistent and coherent approach across Member States, thus contributing to strengthen the European system of national DGSs. In addition, these draft Guidelines include a multilateral framework cooperation agreement, which the DGSs should adhere to, still allowing for bilateral agreements in specific cases.

In addition, to ensure that depositors in EU branches of credit institutions headquartered in other Member States are treated equally to those in the home Member State, these Guidelines provide further guidance on the process of depositors' payout for cross-border institutions.

Consultation process

Comments on this consultation can be sent to the EBA by clicking on the "send your comments" button on the consultation page. Please note that the deadline for the submission of comments is 29 October 2015.
All contributions received will be published following the close of the consultation, unless requested otherwise. A public hearing will then take place at the EBA premises on 7 October 2015 from 14.00 to 16.00 UK time.

Legal basis 

These draft own-initiative Guidelines have been developed according to Article 16 and 26(2) of Regulation (EU) No 1093/2010 (EBA founding Regulation) in order to promote a common and consistent approach to cooperation agreements between DGSs throughout the Union, which must be in place in accordance with Article 14(5) of the DGSD, and to contribute to strengthening the European system of national DGSs in accordance with Article 26(1) of the EBA founding Regulation.