Directive 94/19/EC of the European Parliament and of the Council (repealed)Show full title

ANNEX I U.K. List of exclusions referred to in Article 7 (2)

1.

Deposits by financial institutions as defined in Article 1 (6) of Directive 89/646/EEC.

2.

Deposits by insurance undertakings.

3.

Deposits by government and central administrative authorities.

4.

Deposits by provincial, regional, local and municipal authorities.

5.

Deposits by collective investment undertakings.

6.

Deposits by pension and retirement funds.

7.

Deposits by a credit institution's own directors, managers, members personally liable, holders of at least 5 % of the credit institution's capital, persons responsible for carrying out the statutory audits of the credit institution's accounting documents and depositors of similar status in other companies in the same group.

8.

Deposits by close relatives and third parties acting on behalf of the depositors referred to in 7.

9.

Deposits by other companies in the same group.

10.

Non-nominative deposits.

11.

Deposits for which the depositor has, on an individual basis, obtained from the same credit institution rates and financial concessions which have helped to aggravate its financial situation.

12.

Debt securities issued by the same institution and liabilities arising out of own acceptances and promissory notes.

13.

Deposits in currencies other than:

• those of the Member States,

• ecus.

14.

Deposits by companies which are of such a size that they are not permitted to draw up abridged balance sheets pursuant to Article 11 of the Fourth Council Directive (78/660/EEC) of 25 July 1978 based on Article 54 (3) (g) of the Treaty on the annual accounts of certain types of companies(1).

ANNEX II U.K. Guiding principles

Where a branch applies to join a host Member State scheme for supplementary cover, the host Member State scheme will bilaterally establish with the home Member State scheme appropriate rules and procedures for paying compensation to depositors at that branch. The following principles shall apply both to the drawing up of those procedures and in the framing of the membership conditions applicable to such a branch (as referred to in Article 4 (2)):

(a)

the host Member State scheme will retain full rights to impose its objective and generally applied rules on participating credit institutions; it will be able to require the provision of relevant information and have the right to verify such information with the home Member State's competent authorities;

(b)

the host Member State scheme will meet claims for supplementary compensation upon a declaration from the home Member State's competent authorities that deposits are unavailable. The host Member State scheme will retain full rights to verify a depositor's entitlement according to its own standards and procedures before paying supplementary compensation;

(c)

home Member State and host Member State schemes will cooperate fully with each other to ensure that depositors receive compensation promptly and in the correct amounts. In particular, they will agree on how the existence of a counterclaim which may give rise to set-off under either scheme will affect the compensation paid to the depositor by each scheme;

(d)

host Member State schemes will be entitled to charge branches for supplementary cover on an appropriate basis which takes into account the guarantee funded by the home Member State scheme. To facilitate charging, the host Member State scheme will be entitled to assume that its liability will in all circumstances be limited to the excess of the guarantee it has offered over the guarantee offered by the home Member State regardless of whether the home Member State actually pays any compensation in respect of deposits held within the host Member State's territory.

ANNEX III U.K. List of credit institutions mentioned in Article 12

(a)

Specialized classes of Spanish institutions, the legal status of which is currently undergoing reform, authorized as

• Entidades de Financiación o Factoring,

• Sociedades de Arrendamiento Financiero,

• Sociedades de Crédito Hipotecario.

(b)

The following Spanish state institutions:

• Banco de Crédito Agrícola, SA,

• Banco Hipotecario de España, SA,

• Banco de Crédito Local, SA.

(c)

The following Greek credit cooperatives:

• Lamia Credit Cooperative,

• loannina Credit Cooperative,

• Xylocastron Credit Cooperative,

as well as those of the credit cooperatives of a similar nature listed below which are authorized or in the process of being authorized on the date of the adoption of this Directive:

• Chania Credit Cooperative,

• Iraklion Credit Cooperative,

• Magnissia Credit Cooperative,

• Larissa Credit Cooperative,

• Patras Credit Cooperative,

• Thessaloniki Credit Cooperative.

(1)

OJ No L 222, 14. 8. 1978, p. 11. Directive as last amended by Directive 90/605/EEC (OJ No L 317, 16. 11. 1990, p. 60).