Decision on the Application of the Guidelines on the Assessment of the Appropriateness of Members of the Management Body and Key Function Holders

Evidentiary Data
Collection: Other General and Individual Acts
Decision on the Application of the Guidelines on the Assessment of the Appropriateness of Members of the Management Body and Key Function Holders Official Gazette of the Republic of Slovenia, No.
580/26
ID:
SKLE14374
SOP:
2026-01-1240
Adopted:
4 May 2026
Published:
7 May 2026
Effective from:
8 May 2026
Type of Act:
Decision
Responsible Authority:
Banka Slovenije
Adopting Body:
Banka Slovenije
Forms
The electronic edition of the Official Gazette is the official edition from 1 January 2006. Before this date, official editions were published in paper form.

Text

Pursuant to the third paragraph of Article 13 of the Banking Act (Official Gazette of the Republic of Slovenia, No. 15/26; hereinafter: ZBan-4) and the first paragraph of Article 31 of the Bank of Slovenia Act (Official Gazette of the Republic of Slovenia, No. 72/06 – officially consolidated text, 59/11, 55/17 and 15/26 – ZBan-4), the Council of Banka Slovenije issues

Decision on the Application of the Guidelines on the Assessment of the Appropriateness of Members of the Management Body and Key Function Holders

Article 1
(Purpose and Scope of Application of the Guidelines)

(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) and amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12; hereinafter: Regulation (EU) No 1093/2010), the European Banking Authority published on its website on 2 July 2021 the Guidelines on the Assessment of the Appropriateness of Members of the Management Body and Key Function Holders (EBA/GL/2021/06; hereinafter: the Guidelines).

(2) The Guidelines set out requirements regarding the appropriateness of members of the management body, in particular the concepts of sufficient time necessary to perform their functions, openness, integrity and independent action of a member of the management body, appropriate collective knowledge, skills and experience of the management body and appropriate human and financial resources allocated to the induction and training of such members. In accordance with the aforementioned articles, the concept of diversity, which must be taken into account when selecting members of the management body, is also defined.

(3) The Guidelines also set out elements regarding the appropriateness of heads of internal control functions and the Chief Financial Officer (CFO), where these persons are not members of the management body, and regarding the appropriateness of holders of other key functions, as well as elements regarding related assessment procedures and management policies and practices, including the principle of independence applicable to certain members of the management body in a supervisory function.

(4) The Guidelines are addressed to:

1. financial institutions referred to in point 4 of Article 4 of Regulation (EU) No 1093/2010; and

2. competent authorities referred to in point (i) of point 4 of Article 4 of Regulation (EU) No 1093/2010.

Article 2
(Content of the Decision and Scope of Application of the Guidelines)

(1) By this Decision, Banka Slovenije determines the application of the Guidelines and all future amendments thereto, unless Banka Slovenije decides otherwise for a specific amendment to the Guidelines, for:

1. banks and savings banks, over which Banka Slovenije is competent for supervision in accordance with ZBan-4 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, 29.10.2013, p. 63) (hereinafter: banks); and

2. Banka Slovenije, when, in accordance with ZBan-4, in its capacity as the competent authority, it exercises the powers and tasks of supervision over the banks referred to in point 1 of this paragraph.

(2) Banks referred to in point 1 of the first paragraph of this Article shall fully take into account the provisions of the Guidelines in the part where they are addressed to banks.

(3) In performing its supervisory tasks and powers in accordance with ZBan-4 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, 27.6.2013, p. 1), lastly amended by the Correction to Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on prudential requirements for investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014 (OJ L, 2025/90998, 5.12.2025), Banka Slovenije shall fully take into account the provisions of the Guidelines in the part relating to the implementation of the tasks and powers of the competent authority.

Article 3
(Repeal of the Decision on the Application of the Guidelines on the Assessment of the Appropriateness of Members of the Management Body and Key Function Holders)

With the entry into force of this Decision, the Decision on the Application of the Guidelines on the Assessment of the Appropriateness of Members of the Management Body and Key Function Holders (Official Gazette of the Republic of Slovenia, No. 184/21) shall cease to be in force.

Article 4
(Entry into Force of the Decision)

This Decision shall enter into force on the day following its publication in the Official Gazette of the Republic of Slovenia.

No. 005/2026

Ljubljana, 5 May 2026

EDA 2026-5023912000-0006

Primož Dolenc
Chairman of the Council of Banka Slovenije