Decision on the Application of Guidelines on the Equivalence of Confidentiality Regimes

Evidence Data Collection: Other General and Individual Acts Decision on the Application of Guidelines on the Equivalence of Confidentiality Regimes Official Gazette of the Republic of Slovenia, No. 103/22 ID: SKLE12937 SOP: 2022-01-2554 Adopted: 25 July 2022 Published: 28 July 2022 Effective from: 12 August 2022 Type of Act: Decision Lead Agency: 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 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 Bank of Slovenia Act (Official Gazette of the Republic of Slovenia, No. 72/06 – official consolidated text, 59/11 and 55/17), the Council of the Bank of Slovenia issues

DECISION

on the application of the Guidelines on the Equivalence of Confidentiality Regimes

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), last amended by Regulation (EU) 2019/2175 of the European Parliament and of the Council of 18 December 2019 amending Regulation (EU) No 1093/2010 establishing the European Supervisory Authority (European Banking Authority), Regulation (EU) No 1094/2010 establishing the European Supervisory Authority (European Insurance and Occupational Pensions Authority), Regulation (EU) No 1095/2010 establishing the European Supervisory Authority (European Securities and Markets Authority), Regulation (EU) No 600/2014 on markets in financial instruments, Regulation (EU) 2016/1011 on indices used as benchmarks in financial instruments and financial contracts or for measuring the performance of investment funds, and Regulation (EU) 2015/847 on information accompanying transfers of funds (OJ L 334, 27.12.2019, p. 1), the European Banking Authority published on its website on 3 May 2022 the Guidelines on the Equivalence of Confidentiality Regimes (EBA/GL/2022/04; hereinafter: the Guidelines).

(2) The Guidelines relate to the assessment by competent authorities of whether the confidentiality and professional secrecy regime applicable to authorities of third countries listed in the Annex is equivalent to the conditions set out in Section II of Chapter 1 of Title VII of Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338), last amended (Official Journal of the European Union L 68 of 26.2.2021); Article 24 of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010 and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35), last amended by a correction (Official Journal of the European Union L 102 of 23.4.2018); Articles 84 and 98 of Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU and Regulations (EU) No 1093/2010 and (EU) No 648/2012 of the European Parliament and of the Council (BRRD) (OJ L 173, 12.6.2014, p. 190), last amended by a correction (Official Journal of the European Union L 283 of 31.8.2020) and Subsection IIIa of Section 3 of Chapter VI of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73), last amended (Official Journal of the European Union L 334 of 27.12.2019).

(3) The Guidelines are addressed to competent authorities as defined in point (2) 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, the Bank of Slovenia determines the application of the Guidelines and all future amendments thereto, unless it decides otherwise for a specific amendment to the Guidelines, for the Bank of Slovenia when, in accordance with ZBan-3, it acts in the capacity of a competent authority exercising supervisory powers and duties over banks.

(2) In performing its supervisory tasks and exercising its powers in accordance with ZBan-3 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), last amended by a Correction (Official Journal of the European Union L 150 of 7.6.2019), the Bank of Slovenia fully takes 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

(Repeal of Regulations)

With the entry into force of this Decision, the Decision on the Application of Recommendations on the Equivalence of Confidentiality Regimes (Official Gazette of the Republic of Slovenia, Nos. 66/15, 2/17, 59/17, 67/18, 58/19 and 101/20) ceases to be in force.

Article 4

(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, 26 July 2022

Boštjan Vasle Chairman of the Council of the Bank of Slovenia