Bank of Slovenia Regulation on Application of EBA Guidelines on Complaint Procedures for PSD2 Infringements

Pursuant to the third paragraph of Article 13 of the Banking Act (Official Gazette of the Republic of Slovenia, Nos. 25/15, 44/16 [ZRPPB], 77/16 [ZCKR] and 41/17; hereinafter: the ZBan-2), the eleventh paragraph of Article 243 of the Payment Services, Electronic Money Issuance Services and Payment Systems Act (Official Gazette of the Republic of Slovenia, Nos. 7/18 and 9/18 [revision]; hereinafter: the ZPlaSSIED), 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 the Bank of Slovenia hereby issues the following REGULATION on the application of the Guidelines on procedures for complaints of alleged infringements of Payment Services Directive 2
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, on 13 December 2016, in accordance with Article 100(6) of Directive (EU) 2015/2366 of 25 November 2015, the European Banking Authority issued the Guidelines on procedures for complaints of alleged infringements of Payment Services Directive 2 (hereinafter: the guidelines), which are published on its website. (2) The guidelines referred to in the first paragraph of this article regulate the requirements with regard to:

• the provision of channels for the submission of complaints of alleged infringements,
• the information to be requested from complainants,
• replies to complainants,
• aggregate analysis of complaints,
• documentation of complaints procedures,
• public information on complaints procedures.
  (3) The guidelines are addressed to competent authorities as defined in Article 4(2) of Regulation (EU) No 1093/2010, and designated by Member States to ensure and monitor effective compliance with Directive (EU) 2015/2366, in accordance with Article 100(1) of the aforementioned directive.
  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, which as the competent authority exercises supervisory tasks in the area of payment services and electronic money issuance services, as defined in Article 9 of the ZBan-2 and Article 243 of the ZPlaSSIED. (2) In exercising its supervisory powers and tasks in accordance with the ZPlaSSIED and the ZBan-2, 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. Ljubljana, 22 February 2018 Boštjan Jazbec President, Governing Board of the Bank of Slovenia