2023-02-10

Regulation on the Application of EBA Guidelines on Sectoral Systemic Risk Buffers

Banka Slovenije issued this regulation to formally adopt the European Banking Authority's guidelines regarding the application of systemic risk buffers to specific sectoral exposures. The document mandates that Banka Slovenije, acting as the designated authority under the Banking Act, must fully incorporate these guidelines into its supervisory powers and tasks concerning banks. This measure ensures compliance with Directive 2013/36/EU by defining the appropriate subsets of sectoral exposures and the interaction of buffers with other macroprudential measures.

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THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE Page 1 of 2  Official Gazette of the Republic of Slovenia, No. 100/21 of 24 June 2021 (in force since 9 July 2021) Pursuant to the third paragraph of Article 13 of the Banking Act (Official Gazette of the Republic of Slovenia, No. 92/21; hereinafter: the ZBan-3), and the first paragraph of Article 31 of the Banka Slovenije Act (Official Gazette of the Republic of Slovenia, Nos. 72/06 [official consolidated version], 59/11 and 55/17), the Governing Board of Banka Slovenije hereby issues the following REGULATION on the application of the Guidelines on the appropriate subsets of sectoral exposures to which competent or designated authorities may apply a systemic risk buffer in accordance with Article 133(5)(f) of Directive 2013/36/EU Article 1 (purpose and field of application of guidelines) (1) Pursuant to Article 16(1) of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331 of 15 December 2010, p. 12; hereinafter: Regulation (EU) No 1093/2010), on 30 September 2020 the European banking authority published on its website Guidelines on the appropriate subsets of sectoral exposures to which competent or designated authorities may apply a systemic risk buffer in accordance with Article 133(5)(f) of Directive 2013/36/EU (EBA/GL/2020/13; hereinafter: the guidelines). (2) In accordance with Article 133(6) of Directive 2013/36/EU, the guidelines lay down the appropriate subsets of sectoral exposures to which a relevant authority may apply a systemic risk buffer in accordance with Article 133(5)(f) of the stated directive. Moreover, the guidelines define in detail the application of a systemic risk buffer for the stated subsets of sectoral exposures in accordance with Article 133 of Directive 2013/36/EU, in particular the systemic relevance of the risks stemming from these sectoral exposures, and the interaction of the sectoral systemic risk buffer with other macroprudential measures, and reciprocity. (3) The guidelines are addressed to competent authorities as defined in Article 4(2)(i) of Regulation (EU) No 1093/2010, or, when they differ, to designated authorities referred to in Article 133(3) of Directive 2013/36/EU. Article 2 (content of regulation and scope of application of guidelines) (1) By virtue of this regulation, Banka Slovenije sets out the application of the guidelines and all their future amendments, unless stipulated otherwise by Banka Slovenije in respect of a particular amendment to the guidelines, for Banka Slovenije, where in accordance with the ZBan-3 in the role of the designated authority it exercises the powers and tasks of supervision over banks. (2) In exercising its supervisory powers and tasks in accordance with the ZBan-3 and Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176 of 27 June 2013, p 1), Banka Slovenije shall take full account of the provisions of the guidelines in the parts relating to the exercise of the powers and tasks of the designated authority.

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE Page 2 of 2 Article 3 (entry into force) This regulation shall enter into force 15 days after its publication in the Official Gazette of the Republic of Slovenia. Ljubljana, 23 June 2021 Primož Dolenc Deputy-President, Governing Board of Banka Slovenije