S.L. 371.9 Art. 35Cooperation between Member States.

(1) Where a member sets up a branch in another Member State, the Scheme shall cover the depositors at such a branch. The

DGS of the host Member State shall repay the depositors of that branch on behalf of the Scheme in accordance with the instructions of the Scheme. The DGS of the host Member State shall not bear any liability with regard to acts done in accordance with the instructions given by the Scheme. The Scheme shall provide the necessary funding prior to pay out and shall compensate the DGS of the host Member State for the costs incurred.

(2) Depositors at a branch operating in Malta set up by a credit institution established in another Member State shall be repaid by the Scheme on behalf of the DGS in the home Member State. The Scheme shall make repayments in accordance with the instructions of the DGS of the home Member State. The Scheme shall not bear any liability with regard to acts done in accordance with the instructions given by the DGS of the home Member State. The DGS of the home Member State shall provide the necessary funding prior to pay out and shall compensate the Scheme for the costs incurred. The Scheme shall also inform the depositors concerned on behalf of the DGS of the home Member State and shall be entitled to receive correspondence from those depositors on behalf of the DGS of the home Member State.

(3) The Scheme shall exchange information referred to under Article 4(7), (8) and (10) of the Directive with the DGSs in host Member States. The restrictions set out in Article 4 of the Directive shall apply to such exchanges of information.

(4) In order to facilitate an effective cooperation between the Scheme and DGSs in other Member States, with particular regard to this regulation and to regulation 34, the Scheme and the DGSs in other Member States shall have written cooperation agreements in place. Such agreements shall take into account the requirements laid down in Article 4(9) of the Directive.

(5) The Scheme shall notify the European Banking Authority of the existence and the content of such agreements. If the Scheme cannot reach an agreement with a DGS in a Member State or if there is a dispute about the interpretation of an agreement, the Scheme may refer the matter to the European Banking Authority in accordance with Article 19 of Regulation (EU) No 1093/2010. The absence of such agreements shall not affect the claims of depositors under regulation 18(1) or of credit institutions under regulation 31(1).

(6) The Scheme shall ensure that appropriate procedures are in place to enable the Scheme to share information and communicate effectively with other DGSs, their affiliated credit institutions and the relevant competent and designated authorities within their own jurisdictions and with other agencies on a cross-border basis, where appropriate.

(7) The Scheme may cooperate with other DGSs operating in the European Union through a European scheme which may be set up by the European Parliament and the Council to prevent risks arising from cross-border activities and protect deposits from such risks.