4. Notwithstanding paragraph 1 of this Article, a Member State may, for the purpose of fulfilling its obligations thereunder, raise the available financial means through the mandatory contributions paid by credit institutions to existing schemes of mandatory contributions established by a Member State in its territory for the purpose of covering the costs related to systemic risk, failure, and resolution of institutions.

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.

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.

The Court of Justice has confirmed that in principle banks are subject to the competition rules just as any other sector of the economy.

The future harmonized system, with which each Member State will have to comply by 1 January 1995 at the latest, will be based on the following principal characteristics: - in principle, all credit institutions must belong to a credit- guarantee system; - deposits must be repaid, as a general rule, in full, up to a flat-rate minimum amount; - special rules are laid down for branches of a credit institution situated outwith the Member State of the prin ...[+++]cipal institution, the basic principle being that deposits collected by such branches should be guaranteed by the system of the Member State of origin. - some derogations are provided for to allow Member States not to have to give up certain recognized practices.

Concerning credit risks of OTC derivative instruments, the proposal would complement the "contractual netting" Directive (see IP/96/172), which came into force in April 1996, in three ways: * firstly, by extending the scope of the Solvency Ratio Directive's compulsory capital coverage for credit risks to all types of OTC derivatives (including notably commodity and equity-related derivatives as well as interest-rate- and foreign exchange-related derivatives) * secondly, by requiring calculation of capital charges for current credit exposure of OTC derivatives on the basis of more realistic market-values for most of banks' and investment firms' derivatives bu ...[+++]siness and * thirdly by enabling supervisory authorities to allow for a refined calculation of capital charges appropriately reflecting the risk reducing effects of close-out netting on the potential future exposure of netted OTC derivatives (the existing rules allow current exposure to be taken into account). Together, these amendments would ensure a comprehensive and balanced regulation for capital requirements for credit risks inherent in OTC derivatives.