Eligibility of deposits
The following shall be excluded from any repayment by a DGS:
subject to Article 7(3) of this Directive, deposits made by other credit institutions on their own behalf and for their own account;
own funds as defined in point (118) of Article 4(1) of Regulation (EU) No 575/2013;
deposits arising out of transactions in connection with which there has been a criminal conviction for money laundering as defined in Article 1(2) (opens EUR-Lex in a new tab) of Directive 2005/60/EC (opens EUR-Lex in a new tab);
deposits by financial institutions as defined in point (26) of Article 4(1) of Regulation (EU) No 575/2013;
deposits by investment firms as defined in point (1) (opens EUR-Lex in a new tab) of Article 4(1) (opens EUR-Lex in a new tab) of Directive 2004/39/EC (opens EUR-Lex in a new tab);
deposits the holder of which has never been identified pursuant to Article 9(1) (opens EUR-Lex in a new tab) of Directive 2005/60/EC (opens EUR-Lex in a new tab), when they have become unavailable;
deposits by insurance undertakings and by reinsurance undertakings as referred to in Article 13(1) (opens EUR-Lex in a new tab) to (6) (opens EUR-Lex in a new tab) of Directive 2009/138/EC (opens EUR-Lex in a new tab) of the European Parliament and of the Council ((15));
deposits by collective investment undertakings;
deposits by pension and retirement funds;
deposits by public authorities;
debt securities issued by a credit institution and liabilities arising out of own acceptances and promissory notes.
By way of derogation from paragraph 1 of this Article, Member States may ensure that the following are included up to the coverage level laid down in Article 6(1):
Member States may provide that deposits that may be released in accordance with national law only to pay off a loan on private immovable property whether made by the credit institution or another institution holding the deposit are excluded from repayment by a DGS.
Member States shall ensure that credit institutions mark eligible deposits in a way that allows an immediate identification of such deposits.