Decision

on the application of guidelines and recommendations of the European Securities and Markets Authority (ESMA)

(unofficial consolidated text No. 9)

Article 1

(Definitions)

(1) Regulation 1095/2010/EU is Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) and amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC.

(2) The European Securities and Markets Authority is the European Securities and Markets Authority (hereinafter: ESMA), established by Regulation 1095/2010/EU.

(3) Regulation 1093/2010/EU is 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/EU and repealing Commission Decision 2009/78/EC in its current version.

(4) The European Banking Authority is the European Banking Authority (hereinafter: EBA), established by Regulation 1093/2010/EU.

(5) Regulation 1094/2010/EU is Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority) and amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC in its current version.

(6) The European Insurance and Occupational Pensions Authority is the European Insurance and Occupational Pensions Authority (hereinafter: EIOPA), established by Regulation 1094/2010/EU.

(7) ZTFI is the Financial Instruments Market Act (Official Gazette of the RS, No 108/10 – ZTFI-UPB3, 78/11, 55/12, 105/12 – ZBan-1J, 63/13 – ZS-K, 30/16 and 44/16 – ZRPPB) in its current version.

(8) ESMA guidelines and recommendations are guidelines and recommendations issued by ESMA in accordance with Article 16 of Regulation 1095/2010/EU and published on its website.

(9) Joint guidelines are guidelines jointly issued by ESMA, EBA and EIOPA or the Joint Committee of the European Supervisory Authorities in accordance with Article 16 of Regulation 1095/2010/EU, Article 16 of Regulation 1094/2010/EU and Article 16 of Regulation 1093/2010/EU, and published by ESMA on its website.

Article 2

(Purpose of the Decision)

(1) By this Decision on the application of ESMA guidelines and recommendations or joint guidelines, the Securities Market Agency (hereinafter: the Agency) informs participants in the financial instruments market of the obligation to apply the ESMA guidelines and recommendations from Article 3 of this Decision, for which the Agency has decided, in accordance with the third paragraph of Article 16 of Regulation 1095/2010/EU or in accordance with the second paragraph of Article 469.a of ZTFI, that they shall apply in the Republic of Slovenia and which:

a) concern the Agency,

b) concern the business of individual participants in the financial instruments market, or

c) concern the supervision exercised by the Agency over their business.

(2) Notwithstanding the provisions of this Decision, individual guidelines and recommendations from Article 3 of this Decision, for which the Agency had already decided, prior to the entry into force of this Decision, in accordance with the third paragraph of Article 16 of Regulation 1095/2010/EU, that they shall apply in the Republic of Slovenia, and which the Agency had publicly published on its website along with the fact and the date of commencement of application in the Republic of Slovenia, shall apply in the Republic of Slovenia directly on the basis of the provisions of the third paragraph of Article 16 of Regulation 1095/2010/EU.

Article 3

(Application of ESMA guidelines and recommendations and joint guidelines in the Republic of Slovenia)

(1) The following ESMA guidelines and recommendations and joint guidelines apply in the Republic of Slovenia:

A) ESMA guidelines in connection with Regulation 1095/2010/EU

1. Guidelines on cooperation agreements and information exchange between competent authorities and between competent authorities and the ESMA authority (No. ESMA/2014/298 of 27.3.2014);

B) Joint guidelines in connection with Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in financial conglomerates, amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council

1. Joint guidelines on the convergence of supervisory practices regarding the compliance of financial conglomerate coordination agreements (No. JC/GL/2014/01 of 22.12.2014);

C) ESMA guidelines in connection with Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments and amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (MiFID I Directive)

1. (repealed);

2. (repealed);

3. (repealed);

4. (repealed);

5. (repealed);

6. Guidelines – Alternative Performance Measures (No. ESMA/2015/1415sl of 5.10.2015);

D) ESMA guidelines in connection with Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (MiFID II Directive) or in connection with Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (MiFIR Regulation)

1. Guidelines on cross-selling (No. ESMA/2016/574 SL of 11.7.2016);

2. Guidelines on complex debt instruments and structured deposits (No. ESMA/2015/1787 SL of 4.2.2016);

3. Guidelines for the assessment of knowledge and competence (No. ESMA/2015/1886 SL of 22.3.2016);

4. Guidelines on the application of Sections C6 and C7 of Annex I to the MiFID II Directive (No. ESMA-70-156-869 SL of 5.6.2019);

5. Guidelines on certain aspects of the requirements for the compliance function (No. ESMA35-36-1952 SL of 6.4.2021);

E) ESMA guidelines and recommendations in connection with Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (EMIR Regulation)

1. Guidelines and recommendations for the implementation of the CPSS-IOSCO principles for financial market infrastructures for central counterparties (No. ESMA/2014/1133 of 4.9.2014);

2. Guidelines and recommendations in connection with written agreements between members of CCP colleges (No. ESMA/2013/1390 of 3.10.2013);

3. Guidelines and recommendations for the establishment of a consistent, effective and successful assessment of interoperability agreements (No. ESMA/2013/322 of 10.6.2013);

F) ESMA guidelines in connection with Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps

1. Guidelines on the exemption for market making activities and primary market activities in accordance with Regulation (EU) No 236/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps (No. ESMA/2013/74 of 2.4.2013);

G) ESMA guidelines in connection with Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (Market Abuse Regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC

1. Guidelines for the implementation of the Market Abuse Regulation – Deferral of disclosure of inside information and impact of inside information from prudential supervision (13/04/2022 ESMA70-159-4966 SL);

2. Guidelines for the implementation of the Market Abuse Regulation – recipients of market sounding (No. ESMA/2016/1477 SL of 10.11.2016);

H) ESMA guidelines in connection with Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC

1. Guidelines No. 1-3 and 5-18 from the Guidelines on the supervision of financial information (23/11/2020 ESMA32-50-218);

I) ESMA guidelines in connection with Commission Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) – (UCITS Directive)

1. Guidelines on risk measurement and the calculation of total exposure for certain types of structured UCITS funds (No. ESMA/2012/197SL of 23.3.2012);

2. Guidelines on ETFs and other issues relating to UCITS funds (No. ESMA/2014/937SL of 1.8.2014);

3. (repealed);

J) ESMA guidelines in connection with Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (AIFMD Directive)

1. Guidelines for reporting in accordance with Article 3(3)(d) and Article 24(1), (2) and (4) of the AIFMD Directive (No. ESMA/2014/869SL of 8.8.2014);

2. Guidelines for thoughtful remuneration policies based on the AIFMD Directive (No. ESMA/2013/232 of 3.7.2013);

3. Amendment to the Guidelines for thoughtful remuneration policies based on the Alternative Investment Fund Managers Directive (AIFMD) – (ESMA/2016/579-SL of 14.10.2016);

4. Guidelines on key terms from the Alternative Investment Fund Managers Directive (No. ESMA/2013/611 of 13.8.2013);

5. Guidelines on the memorandum template regarding consultation, cooperation and information exchange in relation to the supervision of entities under the AIFMD Directive (No. ESMA/2013/998 of 28.11.2013);

K) Joint guidelines relating to several directives

1. (Joint) guidelines on the handling of complaints for the securities (ESMA) and banking (EBA) sectors – (No. JC 2014 43 of 27.5.2014);

(2) In the Republic of Slovenia, participants in the financial instruments market, to whom the guidelines and recommendations mentioned in the first paragraph of this Article apply in accordance with the provisions of individual guidelines and recommendations, shall fully take into account the provisions of the aforementioned guidelines and recommendations.

(3) In carrying out its supervisory tasks and powers in accordance with ZTFI and other regulations, the Agency shall fully take into account the provisions of the guidelines and recommendations from the first paragraph of this Article insofar as they relate to the implementation of the tasks and powers of the competent authority.

The Decision on the application of guidelines and recommendations of the European Securities and Markets Authority (ESMA) (Official Gazette of the RS, No. 11/17) contains the following final provision:

"Article 4

(Entry into force of the Decision)

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

(2) Notwithstanding the first paragraph of this Article, the guidelines from point D) of Article 3 of this Decision shall begin to apply on 3.1.2018."

The Decision amending the Decision on the application of guidelines and recommendations of the European Securities and Markets Authority (ESMA) (Official Gazette of the RS, No. 22/17) contains the following final provision:

"FINAL PROVISION

"Article 2

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

The Decision on the business of the management company (Official Gazette of the RS, No. 31/17) contains the following final provision:

"Article 125

(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."

The Decision amending the Decision on the application of guidelines and recommendations of the European Securities and Markets Authority (ESMA) (Official Gazette of the RS, No. 68/18) contains the following final provision:

"FINAL PROVISION

Article 2

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

The Decision amending the Decision on the application of guidelines and recommendations of the European Securities and Markets Authority (ESMA) (Official Gazette of the RS, No. 83/18) contains the following final provision:

"FINAL PROVISION

Article 2

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

The Decision amending the Decision on the application of guidelines and recommendations of the European Securities and Markets Authority (ESMA) (Official Gazette of the RS, No. 46/19) contains the following final provision:

"FINAL PROVISION

Article 3

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

The Decision amending and supplementing the Decision on the application of guidelines and recommendations of the European Securities and Markets Authority (ESMA) (Official Gazette of the RS, No. 80/21) contains the following final provision:

"FINAL PROVISION

Article 3

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

The Decision amending the Decision on the application of guidelines and recommendations of the European Securities and Markets Authority (ESMA) (Official Gazette of the RS, No. 135/21) contains the following final provision:

"Article 2

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

The Decision amending the Decision on the application of guidelines and recommendations of the European Securities and Markets Authority (ESMA) (Official Gazette of the RS, No. 71/22) contains the following final provision:

"Article 2

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

The Decision on the application of ESMA Guidelines on certain aspects of the remuneration requirements from the MiFID II Directive (Official Gazette of the RS, No. 58/23) stipulates:

"Article 3

(Transitional provisions)

[…]

(2) In the Decision on the application of guidelines and recommendations of the European Securities and Markets Authority (ESMA) (Official Gazette of the RS, No. 11/17, 22/17, 31/17, 68/18, 83/18, 46/19, 80/21, 135/21 and 71/22), the text of point 5 of sub-paragraph C) of the first paragraph of Article 3, which reads "5. Guidelines – Remuneration Policies and Practices (MiFID) – (No. ESMA//2013/606 of 3.6.2013);", is repealed;

and contains the following final provision:

"Article 4

(Entry into force of the Decision)

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