Regulation on the Application of EBA Guidelines on SREP and Supervisory Stress Testing

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. 146/22 of 25 November 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 and the third paragraph of Article 43 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 Banka Slovenije hereby issues the following REGULATION on the application of the Guidelines on common procedures and methodologies for the supervisory review and evaluation process (SREP) and supervisory stress testing

1. 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; hereinafter: EBA Regulation), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331 of 15 December 2010, p. 12;hereinafter: the EBA Regulation), last amended by Regulation (EU) 2019/2175 of the European Parliament and of the Council of 18 December 2019 amending Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority), Regulation (EU) No 1094/2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), Regulation (EU) No 1095/2010 establishing a European Supervisory Authority (European Securities and Markets Authority), Regulation (EU) No 600/2014 on markets in financial instruments, Regulation (EU) 2016/1011 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds, and Regulation (EU) 2015/847 on information accompanying transfers of funds (OJ L 334 of 27 December 2019, p. 1), on 18 March 2022 the European Banking Authority published the Guidelines on common procedures and methodologies for the supervisory review and evaluation process (SREP) and supervisory stress testing (EBA/GL/2022/03; hereinafter: the guidelines) on its website. (2) The guidelines specify the common procedures and methodologies for the functioning of the supervisory review and evaluation process (SREP) referred to in Articles 97 and 107(1)(a) of Directive 2013/36/EU, including those for the assessment of the organisation and treatment of risks, including money laundering and terrorist financing, referred to in Articles 76 to 87 of the aforementioned directive, and processes and actions taken with reference to Articles 98, 100, 101, 102, 104, 104a, 104b, 104c, 105, 107(1)(b) and 117 of the aforementioned directive. In addition, the guidelines aim to provide common methodologies to be used by competent authorities when conducting supervisory stress tests in the context of their SREP as referred to in Article 100(2) of Directive 2013/36/EU. (3) The guidelines are addressed to competent authorities as defined in points (i) and (viii) of Article 4(2) of the EBA Regulation.
   Article 2
   (content of regulation and scope of application of guidelines) (1) By virtue of this regulation Banka Slovenije sets out the application of the guidelines and all their future amendments, unless stipulated otherwise in respect of a particular amendment to the guidelines,

to Banka Slovenije when it is exercising supervisory powers and tasks over banks in its role as the competent authority in accordance with the ZBan-3. (2) 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), last amended by a corrigendum (OJ L 150 of 7 June 2019), Banka Slovenije 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 common procedures and methodologies for the supervisory review and evaluation process (SREP) and Regulation on the application of the Revised Guidelines on common procedures and methodologies for the supervisory review and evaluation process (SREP) and supervisory stress testing amending EBA/GL/2014/13 of 19 December 2014) On the day that this regulation begins to be applied, the Regulation on the application of the Guidelines on common procedures and methodologies for the supervisory review and evaluation process (SREP) (Official Gazette of the Republic of Slovenia, No. 88/15) and the Regulation on the application of the Revised Guidelines on common procedures and methodologies for the supervisory review and evaluation process (SREP) and supervisory stress testing amending EBA/GL/2014/13 of 19 December 2014 (Official Gazette of the Republic of Slovenia, No. 8/19) shall cease to be in force.
Article 4
(entry into force)
This regulation shall enter into force fifteen days after its publication in the Official Gazette of the Republic of Slovenia. Ljubljana, 22 November 2022 Boštjan Vasle President, Governing Board of Banka Slovenije