(1) Where a credit institution which is authorized in another Member State establishes or has established a branch in the territory of the State, and the level or scope or both of payments under these Regulations would exceed the level or scope or both of the corresponding payments provided under the deposit guarantee scheme established in accordance with the Directive in that other Member State in which the credit institution is authorised, that branch may maintain a deposit in the deposit protection account.
(2) The amount of the deposit to be maintained in the deposit protection account under paragraph (1) shall be determined by the Bank on an annual basis, having regard to the level or scope or both of payments provided under the deposit guarantee scheme established in the Member State in which the credit institution is authorised, so as to ensure that the level or scope or both of payments that may be made on eligible deposits with that branch shall be equivalent to but shall