8

Article 2 of the KB/WIB 92 provides: ‘In order to be able to benefit from the application of Article 21(5) [of the WIB 1992], the savings deposits referred to in that article must also satisfy the following criteria: 1. the savings deposits must be denominated in EUR; 2. withdrawals can be made from savings deposits, directly or by means of a current account, only for settling the following transactions: (a) redemption in cash; (b) transfer, other than pursuant to a standing order, to an account opened in the name of the savings deposit holder; (c) transfer to a savings deposit opened with the same institution in the name of the spouse or of, at most, a second-degree relative of the savings deposit holder; … 3. the withdrawal conditions must provide for the possibility for the depositary institution to require five calendar days’ notice of withdrawals if they exceed [EUR] 1250 and to limit them to [EUR] 2500 per half month; 4. (a) remuneration of savings deposits is to consist exclusively of — basic interest; and — a fidelity premium; (b) basic interest and the fidelity premium shall be calculated at a rate expressed on an annual basis. Deposits shall bear basic interest at the latest from the calendar day following the calendar day of the payment and shall cease to bear interest from the calendar day of withdrawal. Payments and withdrawals made on the same calendar day shall be compensated for the calculation of the basic interest and the fidelity premium. The basic interest acquired shall be paid on deposit once per calendar year in such a way as to produce, by way of derogation from subparagraph 2, basic interest from 1 January of that year. Savings deposit holders may not be charged overdraft interest. The fidelity premium shall be allocated to deposits that remain registered on the same account for 12 consecutive months. In case of transfer of a savings deposit to another savings deposit opened in the name of the same holder with the same institution other than pursuant to a standing order, the vesting period for the fidelity premium on the first savings deposit shall remain acquired, provided that the transfer amount is at least [EUR] 500 and the holder in question has not already made three transfers of that kind, from the same savings deposit, during the same calendar year. … (c) the rate of basic interest allocated by an institution to the savings deposits which it receives may not exceed the higher of the following two rates: — 3%; — the rate of the main refinancing operations of the European Central Bank applicable on the 10th day of the month preceding the current 6-month period. Each rise in the rate of basic interest shall be maintained for a period of at least three months except in the case of downward adjustment of the rate of the main refinancing operations of the European Central Bank. Without prejudice to point (e) below, the rate of the fidelity premium offered may not: — exceed 50% of the maximum rate of basic interest referred to in subparagraph 1. If that percentage does not equal a multiple of one tenth of one percentage point, the maximum rate of the fidelity premium shall be rounded down to the nearest tenth of one percentage point; — be lower than 25% of the rate of basic interest offered. If that percentage does not equal a multiple of one tenth of one percentage point, the minimum rate of the fidelity premium shall be rounded down to the nearest tenth of one percentage point; (d) a single rate of basic interest shall be applicable by deposit of savings at a specific time; (e) the fidelity premium which is allocated at a specific time shall be the same for new payments and for deposits for which a new fidelity period starts. Without prejudice to the application of subparagraph 7 of paragraph 4(b), the fidelity premium applicable at the time of payment or at the start of a new fidelity period shall remain applicable for the entirety of the fidelity period; 5. the depositary institution shall examine whether the limit laid down in Article 21(5) of the WIB 1992 is reached each time the basic interest and the fidelity premium are charged, and for that it shall take into consideration all the amounts allocated during the taxable period.’