EBA Issues Guidelines Under Recast Deposit Guarantee Schemes Directive (DGSD)

On May 28, 2015, the EBA published its final guidelines (EBA/GL/2015/10) on methods for calculating contributions under the recast DGSD.

Article 13 of the recast DGSD requires contributions to deposit guarantee schemes (DGSs) from their members to be risk-based. The guidelines specify the objective and principles for DGS contributions and provide guidance on specific elements that should be taken into account in developing and assessing the methods for calculating risk-based contributions.

The EBA also published its final guidelines (EBA/GL/2015/09) on payment commitments under the DGSD. Article 10(3) of the recast DGSD states that the available financial means of a deposit guarantee schemes (DGSs) may include “payment commitments”. These are defined as payment commitments of a credit institution towards a DGS that are fully collateralized, providing that the collateral consists of low risk assets and is unencumbered by any third-party rights and is at the disposal of the DGS.

The guidelines provide guidance on the legal instruments that should be entered into by DGSs and credit institutions, providing for the terms and conditions for the inclusion of payment commitments within the available financial means of the DGS. These guidelines also provide criteria on the eligibility and management of the collateral.

The EBA expects competent authorities and designated authorities to implement both sets of guidelines by December 31, 2015.