Decision on the Application of EBA Guidelines on the Assessment of Adequate Knowledge and Experience of the Management Body of Credit Servicers as a Whole under Directive (EU) 2021/2167

Evidentiary Data
Collection: Other General and Individual Acts
Decision on the Application of the Guidelines on the Assessment of Adequate Knowledge and Experience of the Management Body of Credit Servicers as a Whole under Directive (EU) 2021/2167 Official Gazette of the Republic of Slovenia, No. 37/24 ID:
SKLE13658
SOP:
2024-01-1257
Adopted:
28 April 2024
Published:
2 May 2024
Effective from:
17 May 2024
Applicable from:
17 May 2024
Type of Act:
Decision
Lead Authority:
Bank of Slovenia
Adopting Body:
Bank of Slovenia
Forms
The electronic edition of the Official Gazette is the official edition from 1 January 2006. Prior to this date, official editions were published in paper form. Text Pursuant to Article 13 of the Banking Act (Official Gazette of the Republic of Slovenia, Nos. 92/21 and 123/21 – ZBNIP; hereinafter: ZBan-3) in conjunction with Article 43 of the Act on Buyers and Servicers of Non-Performing Loans of Banks (Official Gazette of the Republic of Slovenia, No. 12/24; hereinafter: ZKSNKB) and the first paragraph of Article 31 of the Act on the Bank of Slovenia (Official Gazette of the Republic of Slovenia, No. 72/06 – consolidated text, 59/11 and 55/17), the Council of the Bank of Slovenia issues

D E C I S I O N

on the Application of the Guidelines on the Assessment of Adequate Knowledge and Experience of the Management Body of Credit Servicers as a Whole under Directive (EU) 2021/2167

Article 1

(Purpose and Scope of the Guidelines)

(1) On 15 December 2023, the European Banking Authority published on its website the Guidelines on the Assessment of Adequate Knowledge and Experience of the Management Body of Credit Servicers as a Whole under Directive (EU) 2021/2167 (EBA/GL/2023/09; hereinafter: the Guidelines), 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 No 331 of 15 December 2010, p. 12), as last amended by Regulation (EU) 2019/2175 of the European Parliament and of the Council of 18 December 2019 (OJ L No 334 of 27 December 2019, p. 1; hereinafter: Regulation (EU) No 1093/2010).

(2) The Guidelines specify the requirements under Article 5(1)(c) of Directive (EU) 2021/2167 of the European Parliament and of the Council of 24 November 2021 on credit servicers and credit purchasers and amending Directives 2008/48/EC and 2014/17/EU (OJ L No 438 of 8 December 2021, p. 1; hereinafter: Directive (EU) 2021/2167) regarding the adequate knowledge and experience of the management body of credit servicers as a whole, including the criteria for assessment and the assessment procedure.

(3) The Guidelines are addressed to:

• competent authorities as defined in Article 4(2) of Regulation (EU) No 1093/2010 (the EBA authority), which are also designated in accordance with Article 21(3) of Directive (EU) 2021/2167, if those authorities have been designated as competent authorities for ensuring the application and enforcement of those provisions of Directive (EU) 2021/2167 to which these Guidelines relate;

• competent authorities under Article 21(3) of Directive (EU) 2021/2167; and

• credit servicers as defined in Article 3(8) of Directive (EU) 2021/2167.

Article 2

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

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

1. credit servicers over whom the Bank of Slovenia has supervisory authority in accordance with ZKSNKB (hereinafter: credit servicers); and

2. the Bank of Slovenia, when exercising supervisory powers and tasks over credit servicers in its capacity as the competent authority in accordance with ZKSNKB.

(2) Credit servicers referred to in point 1 of the first paragraph of this Article shall fully take into account the provisions of the Guidelines insofar as they are addressed to credit servicers.

(3) In performing its supervisory tasks and powers in accordance with ZKSNKB, the Bank of Slovenia shall fully take into account the provisions of the Guidelines insofar as they relate to the performance of tasks and exercise of powers by the competent authority.

Article 3

(Entry into Force of the Decision)

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

Ljubljana, 29 April 2024

Primož Dolenc
Deputy Chairman of the Council of the Bank of Slovenia