Regulation on the application of EBA Guidelines on materiality, proprietary and confidentiality and disclosure frequency under Articles 432 and 433 of Regulation (EU) No 575/2013

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE 1  Official Gazette of the Republic of Slovenia, No. 47/15 of 30 June 2015 (in force since 1 July 2015) Pursuant to the third paragraph of Article 13 of the Banking Act (Official Gazette of the Republic of Slovenia, No. 25/15; 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] and 59/11), the Governing Board of the Bank of Slovenia hereby issues the following REGULATION on the application of the Guidelines on materiality, proprietary and confidentiality and on disclosure frequency under Articles 432(1), 432(2) and 433 of Regulation (EU) No 575/2013 Article 1 (purpose and field of application) (1) Pursuant to the first paragraph of Article 16 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, on 23 December 2014 the European Banking Authority issued the Guidelines on materiality, proprietary and confidentiality and on disclosure frequency under Articles 432(1), 432(2) and 433 of Regulation (EU) No 575/2013 (hereinafter: the guidelines), which are published on its website. (2) The guidelines referred to in the first paragraph of this article stipulate that: a. institutions may omit one or more of the disclosures required in Title II of Part Eight of 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; hereinafter: Regulation (EU) No 575/2013) if the information is not regarded as material; b. institutions may omit one or more items of information included in the disclosures listed under Titles II and III of Part Eight of Regulation (EU) No 575/2013 if they are regarded as proprietary or confidential; c. institutions shall asses the need to publish some or all disclosures under Part Eight of Regulation (EU) No 575/2013 more frequently than annually with regard to the characteristics of their business. (3) The guidelines shall apply to:

1. institutions as defined in point 3 of the first paragraph of Article 4 of Regulation (EU) No 575/2013, that are required to comply with the obligations specified in Part Eight of Regulation (EU) No 575/2013; and
2. competent authorities as defined in point 40 of the first paragraph of Article 4 of Regulation (EU) No 575/2013. 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 to:
3. banks and savings banks that in accordance with the ZBan-2 have obtained an authorisation to provide banking services in the Republic of Slovenia, that are required to comply with the obligations specified in Part Eight of Regulation (EU) No 575/2013 (hereinafter: banks); and

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE 2 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 that are required to comply with the obligations under Part Eight of Regulation (EU) No 575/2013 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 and Regulation (EU) No 575/2013, 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, and shall begin to be applied on 15 October 2015. Ljubljana, 23 June 2015 Boštjan Jazbec President, Governing Board of the Bank of Slovenia