Regulation on the Application of EBA Guidelines on Remuneration Benchmarking, Gender Pay Gap, and Higher Ratios

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. 155/22 of 9 December 2022 (in force since 10 December 2022) 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 the benchmarking exercises on remuneration practices, the gender pay gap and approved higher ratios 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), on 30 June 2022 the European Banking Authority published the Guidelines on the benchmarking exercises on remuneration practices, the gender pay gap and approved higher ratios under Directive 2013/36/EU (EBA/GL/2022/06; hereinafter: the guidelines) on its website. (2) The Guidelines on the benchmarking exercises on remuneration practices, the gender pay gap and approved higher ratios under Directive 2013/36/EU specify:
(a) in accordance with Article 75 of Directive 2013/36/EU, the information to be provided by selected institutions to competent authorities for benchmarking remuneration trends and practices, including information disclosed in accordance with the criteria for disclosure established in points (g), (h), (i) and (k) of Article 450(1) of Regulation (EU) No 575/2013, and the information to be provided for benchmarking the gender pay gap; (b) in accordance with the sixth indent of point (ii) of Article 94(1)(g) of Directive 2013/36/EU, the common reporting format to be used for the purposes of the benchmarking of approved higher ratios between the fixed and variable components of remuneration; and (c) how competent authorities will collect from institutions the approved higher ratios, and the remuneration and gender pay gap data, and how they will then submit the benchmarking data to the EBA. (3) The guidelines are addressed to:

1. financial institutions as defined in point (1) of Article 4 of Regulation No 1093/2010 that are
   institutions as defined in point (3) of Article 4(1) of Regulation (EU) 575/2013, having regard for investment firms subject to Articles 1(2) or 1(5) of Regulation (EU) 2019/2033; and
2. competent authorities as defined in subpoints (i) and (viii) of point (2) of Article 4 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 future amendments thereto unless provided otherwise by Bank of Slovenia in respect of a particular amendment to the guidelines, to:

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE

1. 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
2. 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. (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) When exercising 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 addressed to the exercise of the powers and tasks of the competent authority.
   Article 3
   (repeal of Regulation on the application of the Guidelines on the remuneration benchmarking exercise) On the day that this regulation begins to be applied, the Regulation on the application of the Guidelines on the remuneration benchmarking exercise (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 2022. Ljubljana, 6 December 2022 Boštjan Vasle President, Governing Board of Bank of Slovenia