Decision on the Application of Guidelines on Monitoring the Threshold and Other Procedural Aspects of Establishing an Intermediate EU Parent Undertaking under Article 21b of Directive 2013/36/EU

Evidentiary Data Collection: Other General and Individual Acts Decision on the Application of Guidelines on Monitoring the Threshold and Other Procedural Aspects of Establishing an Intermediate EU Parent Undertaking in accordance with Article 21b of Directive 2013/36/EU Official Gazette of the Republic of Slovenia, No. 176/21 ID: SKLE12564 SOP: 2021-01-3466 Adopted: 1 November 2021 Published: 8 November 2021 Effective from: 13 November 2021 Type of Act: Decision Lead Agency: 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, Nos. 92/21 and 123/21 – ZBNIP; hereinafter: ZBan-3) and the first paragraph of Article 31 of the Banka Slovenije Act (Official Gazette of the Republic of Slovenia, No. 72/06 – official consolidated text, 59/11 and 55/17), the Council of Banka Slovenije issues

DECISION

on the Application of Guidelines on Monitoring the Threshold and Other Procedural Aspects of Establishing an Intermediate EU Parent Undertaking in accordance with Article 21b of Directive 2013/36/EU

Article 1

(Objective and Scope of the Guidelines)

(1) On the basis of 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; hereinafter: Regulation 1093/2010/EU), the European Banking Authority published on its website on 13 July 2021 the Guidelines on monitoring the threshold and other procedural aspects of establishing an intermediate EU parent undertaking in accordance with Article 21b of Directive 2013/36/EU (EBA/GL/2021/08; hereinafter: the Guidelines).

(2) The Guidelines specify how to calculate and monitor the threshold regarding the obligation to establish an intermediate EU parent undertaking in accordance with Article 21b of Directive 2013/36/EU, and they precisely define certain procedural aspects of establishing intermediate EU parent undertakings. The Guidelines apply to credit institutions and investment firms with a Union passport that are subsidiaries of groups from third countries, as defined in point 64 of the first paragraph of Article 3 of Directive 2013/36/EU, and to branches referred to in point (b) of the fifth paragraph of Article 21b of Directive 2013/36/EU.

(3) The Guidelines are addressed to:

1. financial institutions referred to in the first paragraph of Article 4 of Regulation 1093/2010/EU, insofar as these financial institutions fall within the scope of these Guidelines, and

2. competent authorities referred to in points (i) and (viii) of the second 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 to the Guidelines, for:

1. banks and savings banks, over which Banka Slovenije is competent for supervision in accordance with ZBan-3 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 No 287 of 29 October 2013, p. 63) (hereinafter: banks), and

2. Banka Slovenije, when it exercises the powers and tasks of supervision over the banks referred to in point 1 of this paragraph in its capacity as the competent authority in accordance with ZBan-3.

(2) The banks 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 banks.

(3) In performing its supervisory tasks and powers in accordance with ZBan-3 and Regulation 575/2013/EU, Banka Slovenije shall fully take into account the provisions of the Guidelines insofar as they relate to the implementation of the tasks and powers of the competent authority.

Article 3

(Entry into Force of the Decision)

This Decision shall enter into force on 14 November 2021.

Ljubljana, 2 November 2021

Boštjan Vasle Chairman Council of Banka Slovenije