1. Member States shall ensure that the designated courts or administrative authorities have the power to access and search, directly and immediately, bank account information where the following conditions are met:
(a) the insolvency practitioner appointed in ongoing insolvency proceedings, including interim proceedings, requests bank account information; and
(b) the bank account information is necessary for the purpose of identifying and tracing assets belonging to the insolvency estate in proceedings as referred to in point (a), as well as assets subject to avoidance actions.
2. In facilitating cross-border access, Member States shall ensure that the designated courts or administrative authorities have the power to access and search, directly and immediately, bank account information in other Member States available through the bank account registers interconnection system referred to in Article 16(6) of Directive (EU) 2024/1640 (BARIS) where the following conditions are met:
(a) the insolvency practitioner appointed in ongoing insolvency proceedings, including interim proceedings, requests bank account information in other Member States; and
(b) the bank account information is necessary for the purposes of identifying and tracing assets belonging to the insolvency estate of the debtor in proceedings as referred to in point (a), as well as assets subject to avoidance actions.
3. Information beyond that referred to in paragraphs 1 and 2 of this Article that Member States consider essential and include in the bank account registers pursuant to Article 16(5) of Directive (EU) 2024/1640 shall not be accessible and searchable by designated courts or administrative authorities.
4. Member States shall ensure that the designated courts or administrative authorities or other competent courts or authorities verify whether the conditions referred to in paragraphs 1 and 2 have been met. Where those conditions have been met, Member States shall ensure that the designated courts or administrative authorities transmit the relevant bank account information obtained by accessing and searching bank account information pursuant to paragraphs 1 and 2 to the insolvency practitioner who requested it.
5. Access and searches pursuant to paragraphs 1 and 2 are without prejudice to national procedural safeguards and Union and national rules on the protection of personal data. Member States shall ensure that bank account information obtained pursuant to paragraphs 1 and 2 is processed only for the purposes for which it was obtained, including where it is processed by insolvency practitioners.
6. Member States shall ensure that insolvency practitioners, when processing bank account information obtained pursuant to paragraphs 1 and 2, have in place relevant internal procedures for the appropriate management of confidential information.
7. For the purposes of paragraphs 1 and 2, access to, and searches of, bank account information shall be considered to be direct and immediate, inter alia, where the national authorities operating the bank account registers transmit the bank account information expeditiously by an automated mechanism to the designated courts or administrative authorities, provided that no intermediary institution is able to interfere with the requested data or the information to be provided.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.