2020-02-18

Bank of Slovenia Regulation on Early Intervention Triggers under Directive 2014/59/EU

The Governing Board of the Bank of Slovenia issued this regulation to mandate the application of European Banking Authority guidelines regarding triggers for early intervention measures. The document requires the Bank of Slovenia, acting as the competent authority, to fully consider these guidelines when exercising supervisory powers over banks under the Banking Act and EU Regulation 575/2013. The regulation entered into force on 15 September 2015 and became applicable on 1 January 2016 to ensure consistency in supervisory practices.

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THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE  Official Gazette of the Republic of Slovenia, No. 66/15 of 14 September 2015 (in force since 15 September 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 triggers for use of early intervention measures pursuant to Article 27(4) of Directive 2014/59/EU 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 (OJ L 331 of 15 December 2010, p 12), on 29 July 2015 the European Banking Authority issued the Guidelines on triggers for use of early intervention measures pursuant to Article 27(4) of Directive 2014/59/EU (hereinafter: the guidelines), which are published on its website. (2) The guidelines referred to in the first paragraph of this article set out the triggers based on which competent authorities can take the decision to apply early intervention measures, and ensure continuity and consistency in the implementation of such supervisory practices. (3) The guidelines apply to competent authorities as defined in point 40 of the first paragraph of Article 4 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). 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 the Bank of Slovenia, when in its role as the competent authority it is exercising supervisory powers and tasks over banks in accordance with the ZBan-2. (2) 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 guidelines.

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE 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 1 January 2016. Ljubljana, 8 September 2015 Boštjan Jazbec President, Governing Board of the Bank of Slovenia