Decision on the Application of Guidelines on Instruments Available to Third-Country Branches for Unrestricted and Immediate Use to Cover Risks or Losses under Article 48e(2)(c) of Directive 2013/36/EU

Evidentiary Data Collection: Other General and Individual Acts Decision on the Application of Guidelines on Instruments Available to Third-Country Branches for Unrestricted and Immediate Use to Cover Risks or Losses under Article 48e(2)(c) of Directive 2013/36/EU Official Gazette of the Republic of Slovenia, No. 882/26 ID: SKLE14428 EVA: 2026-1517-0057 SOP: 2026-01-1542 Adopted: 8 June 2026 Published: 8 June 2026 Effective from: 9 June 2026 Applicable from: 10 January 2027 Type of Act: Decision Responsible Authority: Banka Slovenije Adopting Authority: Banka Slovenije 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 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 – consolidated text, 59/11, 55/17 and 15/26 – ZBan-4), the Council of the Bank of Slovenia issues

Decision on the Application of Guidelines on Instruments Available to Third-Country Branches for Unrestricted and Immediate Use to Cover Risks or Losses under Article 48e(2)(c) of Directive 2013/36/EU

Article 1 (Objective and Scope of the Guidelines)

(1) On 2 March 2026, the European Banking Authority published on its website the Guidelines on instruments available to third-country branches for unrestricted and immediate use to cover risks or losses under Article 48e(2)(c) of Directive 2013/36/EU (EBA/GL/2026/03; hereinafter: the Guidelines), 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) and amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331 of 15 December 2010, p. 12), as last amended by Regulation (EU) 2025/2088 of the European Parliament and of the Council of 8 October 2025 amending Regulations (EU) No 1092/2010, (EU) No 1093/2010, (EU) No 1094/2010, (EU) No 1095/2010, (EU) No 806/2014, (EU) 2021/523 and (EU) 2024/1620 as regards certain reporting requirements in the field of financial services and investment support (OJ L 2025/2088 of 21 October 2025, p. 1) (hereinafter: Regulation 1093/2010/EU).

(2) The Guidelines referred to in paragraph 1 of this Article specify which financial instruments third-country branches may use to meet the minimum guarantee capital requirement, and define the minimum operational conditions ensuring that these instruments are available for unrestricted and immediate use to cover risks or losses immediately when such risks or losses arise.

(3) The Guidelines are addressed to:

1. competent authorities referred to in point (i) of the second paragraph of Article 4 of Regulation 1093/2010/EU; and

2. financial institutions referred to in the first paragraph of Article 4 of Regulation 1093/2010/EU.

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 it decides otherwise for a specific amendment of the Guidelines, for:

1. third-country branches 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 of 29 October 2013, p. 63); and

2. Banka Slovenije, when acting as the competent authority in accordance with ZBan-4, exercising the powers and tasks of supervision over the third-country branches referred to in point 1 of this paragraph.

(2) The third-country branches referred to in point 1 of the preceding paragraph shall fully take into account the provisions of the Guidelines insofar as they are addressed to third-country branches.

(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 of 27 June 2013, p. 1), as last corrected by Corrigendum (OJ L 2025/90998 of 5 December 2025, p. 1), Banka Slovenije shall fully take into account the provisions of the Guidelines insofar as they relate to the implementation of tasks and powers of the competent authority.

Article 3 (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, and shall be applied from 11 January 2027.

No. 020/2026

Ljubljana, 2 June 2026

EDA 2026-5023912000-0021

Primož Dolenc President of the Council of Banka Slovenije