2024-12-04

Regulation on the Application of Guidelines on STS Criteria for Non-ABCP Securitisation

The Bank of Slovenia issued this regulation to formally apply the European Banking Authority's Guidelines on Simple, Transparent and Standardised (STS) criteria for non-asset-backed commercial paper securitisation to Slovenian banks. The document mandates that authorized banks and the central bank, acting as the competent authority, must fully incorporate these guidelines into their respective operational and supervisory practices. This measure ensures compliance with EU Regulation 2017/2402 regarding the general framework for securitisation and establishes the legal basis for supervising STS compliance within the national banking sector.

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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. 30/19 of 10 May 2019 (in force since 11 May 2019)  Official Gazette of the Republic of Slovenia, No. 98/24 of 22 November 2024 – Regulation on the application of the Guidelines on STS criteria for on-balance-sheet securitisation and amending Guidelines EBA/GL/2018/08 and EBA/GL/2018/09 on STS criteria for ABCP and non-ABCP securitisation (in force since 9 December 2024) Pursuant to the third paragraph of Article 13 of the Banking Act (Official Gazette of the Republic of Slovenia, Nos. 25/15, 44/16 [ZRPPB], 77/16 [ZCKR], 41/17, 77/18 [ZTFI-1] and 22/19 [ZIUDSOL]; hereinafter: the ZBan-2), and the first paragraph of Article 31 of the Bank of Slovenia Act (Official Gazette of the Republic of Slovenia, Nos. 72/06 [official consolidated version], 59/11 and 55/17), the Governing Board of the Bank of Slovenia hereby issues the following REGULATION on the application of the Guidelines on the STS criteria for non-ABCP securitisation 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), as last amended by Regulation (EU) No 2018/1717 of the European Parliament and of the Council of 14 November 2018 amending Regulation (EU) No 1093/2010 as regards the location of the seat of the European Banking Authority (OJ L 291 of 16 November 2018; p 1), on 12 December 2018 the European Banking Authority published the Guidelines on the STS criteria for non-ABCP securitisation (EBA/GL/2018/09; hereinafter: the guidelines) on its website. (2) The guidelines referred to in the first paragraph of this article set out the criteria relating to simplicity, standardisation and transparency for non-asset-backed commercial paper (non-ABCP) securitisations in accordance with Articles 20, 21 and 22 of Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (OJ L 347 of 28 December 2017; p 35; hereinafter: Regulation (EU) No 2017/2402). (3) The guidelines are addressed to:

  1. competent authorities referred to in point 2 of Article 4 of Regulation (EU) 1093/2010 that have been designated as competent authorities pursuant to Article 29(5) of Regulation (EU) 2017/2402; and
  2. financial institutions referred to in point 1 of Article 4 of Regulation (EU) 1093/2010 that are subject to regulation and supervision pursuant to Regulation (EU) 2017/2402, including third parties verifying STS compliance also in accordance with the last subparagraph of Article 2(5) of Regulation (EU) 1093/2010.

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE Page 2 of 2 Article 2 (content of regulation and scope of application of guidelines) (1) By virtue of this regulation the Bank of Slovenia sets out the application of the guidelines and all their future amendments, unless provided otherwise by the Bank of Slovenia in respect of a particular amendment to the guidelines, to:

  1. banks and savings banks that in accordance with the ZBan-2 have obtained an authorisation to provide banking services in the Republic of Slovenia (hereinafter: banks); and
  2. the Bank of Slovenia, when in accordance with the ZBan-2 in its role as the competent authority it is exercising supervisory powers and tasks over banks referred to in point 1 of this paragraph. (2) Banks referred to in point 1 of the first paragraph of this article shall take full account of the provisions of the guidelines in the parts addressed to banks. (3) In exercising its supervisory powers and tasks in accordance with the ZBan-2, Regulation (EU) No 2017/2402 and the Act on the Implementation of the Regulation (EU) Laying Down a General Framework for Securitisation and Creating a Specific Framework for Simple, Transparent and Standardised Securitisation (Official Gazette of the Republic of Slovenia, No. 22/19), the Bank of Slovenia shall take full account of the provisions of the guidelines in the parts relating to the exercise of the powers and tasks of the competent authority. Article 3 (entry into force) This regulation shall enter into force on the day after its publication in the Official Gazette of the Republic of Slovenia. Ljubljana, 8 May 2019 Boštjan Vasle President, Governing Board of the Bank of Slovenia Regulation the application of the Guidelines on the STS criteria for on-balance-sheet securitisation and amending Guidelines EBA/GL/2018/08 and EBA/GL/2018/09 on the STS criteria for ABCP and non-ABCP securitisation Article 5 (entry into force) This regulation shall enter into force on 9 December 2024.".