Regulation on the application of the Guidelines on sound remuneration policies under Directive 2013/36/EU

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. 196/21 of 17 December 2021 (in force since 31 December 2021) Pursuant to the third paragraph of Article 13 of the Banking Act (Official Gazette of the Republic of Slovenia, Nos. 92/21 and 123/21 [ZBNIP]; hereinafter: the ZBan-3), 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 Bank of Slovenia hereby issues the following REGULATION on the application of the Guidelines on sound remuneration policies under 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), the European Banking Authority published on its website Guidelines on sound remuneration policies under Directive 2013/36/EU (EBA/GL/2021/04; hereinafter: guidelines) on 2 July 2021. (2) Pursuant to Article 74(3) and Article 75(2) of Directive 2013/36/EU the guidelines define sound remuneration policies that are gender-neutral and that should be in place at institutions and investment companies, to which pursuant to Articles 1(2) and (5) of Regulation 2019/2033/EU Title VII of Directive 2013/36/EU applies, established for all their employees whose professional activities have a material impact on the risk profiles of institutions in accordance with Articles 92 to 95 of the stated Directive, including employees whose professional activities have a material impact on the risk profiles of institutions on an individual and consolidated or sub-consolidated basis, as defined in paragraph 9. (3) The guidelines are addressed to:

1. financial institutions referred to in Article 4(1) of Regulation (EU) No 1093/2010, which are
   either institutions as defined in Article 3(1)(3) of Directive 2013/36/EU, or investment companies to which pursuant to Article 1(2) and (5) of Regulation 2019/2033/EU Title VII of Directive 2013/36/EU applies and
2. the competent authorities referred to in subpoint (i) of Article 4(2) of Regulation (EU)
   No 1093/2010.
   Article 2
   (content of regulation and scope of application of guidelines) (1) By virtue of this regulation Bank of Slovenia sets out the application of the guidelines and all their future amendments, unless stipulated otherwise by Bank of Slovenia in respect of a particular amendment to the guidelines, to:
3. banks and savings banks for whose supervision Bank of Slovenia is responsible in accordance
   with the ZBan-3 and Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287 of 29 October 2013, p. 63) (hereinafter: banks); and
4. Bank of Slovenia, when in accordance with the ZBan-3 in its role as the competent authority it
   is exercising supervisory powers and tasks over banks referred to in point 1 of this paragraph.

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE (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-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), 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
(repeal of Regulation on the application of the Guidelines on sound remuneration policies) On the day this Regulation is applied, the Regulation on the application of the Guidelines on sound remuneration policies under Articles 74(3) and 75(2) of Directive 2013/36/EU and disclosures under
Article 450 of Regulation (EU) No 575/2013 (Official Gazette of the Republic of Slovenia, No 53/16)
shall cease to be in force.
Article 4
(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 31 December 2021. Ljubljana, 7 December 2021 Boštjan Vasle President, Governing Board of Bank of Slovenia