What changed between the draft committee report of 3 Oct 2023 and the draft committee report of 10 Mar 2026

Removed:Directive 2014/49/EU

Removed:Aritcle 10 – paragraph 2 – subparagraph 3

Removed:Article 1 – paragraph 1 – point 11 – point a – point ii: ‘Where, after the target level referred to in the first subparagraph has been reached for the first time and the available financial means, following a disbursement of DGS’s funds in accordance with Article 8(1), and Article 11(2), (3), and (5), have been reduced to less than two-thirds of the target level, DGSs shall set the regular contribution at a level allowing for the target level to be reached within four years.; / Where, after the target level referred to in the first subparagraph has been reached for the first time and the available financial means, following a disbursement of DGS’s funds in accordance with Article 8(1), and Article 11(2), (3), and (5), have been reduced by less than one-third of the target level, DGSs shall set the regular contribution at a level allowing for the target level to be reached within two years.’;

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 11 – point a – point ii a (new), Article 10 – paragraph 2 – subparagraph 5: (iia) the fifth subparagraph is replaced by the following: / "Member States may extend the initial period referred to in the first subparagraph for a maximum of four years if, by 1 July 2024, the DGS has made cumulative disbursements in excess of 0,8 % of covered deposits to repay depositors."

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32014L0049)

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 11 – point b, Article 10 – paragraph 3 – subparagraph 1: The available financial means that the DGS takes into account to reach the target level referred to in paragraph 2 may include payment commitments, payable within 48 hours upon the request of the DGS. The total share of such payment commitments shall not exceed 10 % of the total amount of available financial means raised in accordance with paragraph 2.

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 11 – point c a (new), Article 10 – paragraph 6: (ca) paragraph 6 is deleted;

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32014L0049)

Removed:Article 10(6) of Directive 2014/49/EU lays down a possibility for Member States to authorise a minimum target level lower than the target level specified in paragraph 2 of that Article in concentrated markets. That possibility should be eliminated.

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 11 – point e a (new), Article 10 – paragraph 9: (ea) paragraph 9 is replaced by the following: / "9. Member States shall ensure that DGSs have in place adequate alternative funding arrangements to enable them to obtain short-term funding to meet claims against those DGSs. Member States shall ensure that the alternative funding arrangements of DGSs are not financed through public funds."

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32014L0049)

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 11 – point g, Article 10 – paragraph 11: 11. Member States shall ensure that in the context of the measures referred to in Article 11(1), (2), (3) and (5), DGSs may use the funds originating from the alternative funding arrangements referred to in Article 10(9) , before using the available financial means and before collecting the extraordinary contributions referred to in Article 10(8).

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 12, Article 11 – paragraph 1: 1. Member States shall ensure that DGSs use the available financial means referred to in Article 10 primarily to repay depositors in accordance with Article 8.

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 12, Article 11 – paragraph 3 – introductory part: 3. Member States shall ensure that DGSs can use the available financial means for preventive measures as referred to in Article 11a for the benefit of a credit institution where all of the following applies:

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 12, Article 11 – paragraph 5: 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 shall ensure that DGSs can 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 the DGS confirms that the cost of the measure does not exceed the cost of repaying depositors as calculated in accordance with Article 11e of this Directive and that all the conditions laid down in Article 11d of this Directive are met.’;

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11a – paragraph 1 – introductory part: 1. Member States shall ensure that the designated authorities, after consulting the competent authorities and the resolution authorities, approve in a timely manner the use of the available financial means of DGSs for the preventive measures referred to in Article 11(3) , provided that all of the following conditions are met:

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11a – paragraph 1 – point a: deleted

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11a – paragraph 1 – point a a (new): (aa) the preventive measures contained in the note referred to in Article 11b are credible and feasible;

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11a – paragraph 1 – point b: deleted

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11a – paragraph 1 – point b a (new): (ba) the competent authority is satisfied that the conditions under Article 11b are met;

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11a – paragraph 1 – point c: (c) the use of preventive measures by the DGS is linked to conditions imposed on the supported credit institution, involving at least more stringent risk monitoring of the credit institution, accompanied by governance arrangements that facilitate such monitoring, greater verification rights for the DGS and more frequent reporting to the competent authorities;

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11a – paragraph 4: 4. Member States shall ensure that the DGS uses its available financial means for capital support measures, including recapitalisations, asset impairment measures and asset guarantees, only where the conditions under Article 11b are met. / Member States shall ensure that the DGS transfers its holdings of shares or other capital instruments in the supported credit institution to the private sector as soon as commercial and financial circumstances allow.

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11a – paragraph 4a (new): 4a. EBA shall develop draft regulatory technical standards to specify the following: / (a) the methodology for assessing the credibility and feasibility of preventive measures under paragraph 1, point (a); / (b) the conditions referred to under paragraph 1, point (c); / (c) the monitoring systems and decision making systems that DGSs are to have in place in accordance with paragraph 2; / (d) the modalities of cooperation between the resolution authorities, the designated authorities and the competent authorities under paragraphs 1 and 3 of this Article considering the requirements Article 11b. / EBA shall submit those draft regulatory technical standards to the Commission by ... [one year after the date of entry into force of this amending Directive]. / 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.

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11b – title: Requirements for financing preventive measures

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11b – paragraph 1: 1. Member States shall ensure that credit institutions which request a DGS to finance preventive measures in accordance with Article 11(3) present to the competent authority a note with measures that those credit institutions commit to undertake to ensure and maintain compliance with the applicable supervisory requirements laid down in Directive 2013/36/EU and Regulation (EU) No 575/2013. / Member States shall ensure that, upon the request of the competent authority, a DGS can finance preventive measures in accordance with Article 11(3) where the competent authority considers that those measures would enable the credit institution to maintain or restore compliance with the supervisory requirements applicable to the credit institution concerned and that are laid down in Directive 2013/36/EU and Regulation (EU) No 575/2013. In that case, the credit institution shall present the note referred to in the first subparagraph to the competent authority.

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11b – paragraph 2a (new): 2a. Where the financial means of a DGS are used for preventive measures in accordance with paragraph 3, the competent authority shall require the beneficiary credit institution to update the recovery plan referred to in Article 5 or 7 of Directive 2014/59/EU, as applicable. The competent authority shall direct the supported credit institution to implement the measures referred to in Article 6(6), third subparagraph, of Directive 2014/59/EU.

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11b – paragraph 3: 3. Member States shall ensure that in the event of a capital support measure under paragraph 1, first subparagraph, the available financial means of a DGS covers only the capital shortfall as determined by the competent authority. Member States shall ensure that the competent authority determines the capital shortfall on the basis of paragraph 3a, point (i), minus the contributions under paragraph 3b of this Article. The competent authority may also take into account any forward- looking capital adequacy assessment. including the capital conservation plan referred to in Article 142 of Directive 2013/36/EU.

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11b – paragraph 3 a (new): 3a. Member States shall ensure that, in the event of a capital support measure, the note referred to in paragraph 1 provides details of the following: / (a) the capital shortfall as identified in a Union stress test, asset quality review or equivalent exercise, or during the supervisory review and evaluation process, as confirmed by the competent authority; / (b) capital raising measures to be implemented within six months of submission of that note; / (c) safeguards preventing outflows of funds.

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11b – paragraph 3b (new): 3b. In the event of a capital support measure, Member States shall ensure that shareholders and debt holders of the supported credit institution have contributed to reducing the capital shortfall to the maximum extent. Such contributions shall take the form of the writing down and converting of capital instruments and eligible liabilities in accordance with Articles 59 to 62 of Directive 2014/59/EU by the competent authorities or the resolution authorities. / Member States shall ensure that no preventive measures financed by DGSs are undertaken before the requirements set out in the first subparagraph are met.

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11b – paragraph 4 – subparagraph 1 a (new): Where the available financial means of a DGS have been used for preventive measures under this paragraph, Member States shall ensure that capital support measures are not taken until at least 18 months have elapsed since the date on which measures under this paragraph were implemented.

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11b – paragraph 5: 5. Member States shall ensure that the competent authorities establish that no dividends, share buy-backs or variable remuneration are paid out and that no irrevocable commitment to pay out dividends, share buy-backs or variable remuneration is undertaken by the supported credit institution. Member States shall ensure that the restrictions under this paragraph remain in place until the supported credit institutions provides the DGS with the means used for such measures.

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11b – paragraph 5 a (new): 5a. Member States shall ensure that where the competent authority is not satisfied that the measures included in the note referred to in paragraph 1 are credible and feasible or that the requirements under paragraphs 3 to 5 are met, the DGS does not grant any preventive measures to the credit institution concerned.

Removed:Directive 2014/49/EU

Removed:Article 1 – paragraph 1 – point 13, Article 11b – paragraph 6: 6. Member States shall ensure that the measures envisaged in the note referred to in paragraph 1 are aligned with the restructuring plan that the credit institution is required to submit to the Commission under that framework, in accordance with the Union State aid framework.

Removed:Directive 2014/49/EU