2025-04-18
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Banka Slovenije issued a decision on April 16, 2025, to apply the Joint Guidelines of the EBA, EIOPA, and ESMA regarding the system for exchanging information on the appropriateness of qualifying shareholders, directors, and key function holders. The decision mandates that Banka Slovenije utilize the European supervisory authorities' information system to fulfill its obligations under these guidelines when exercising its supervisory powers over banks. The decision entered into force on April 18, 2025, and became applicable on April 22, 2025, ensuring consistent application of EU law within the European System of Financial Supervision.
Evidence Data Collection Other General and Individual Acts Decision on the Application of the Joint Guidelines of the EBA, EIOPA and ESMA on the System Established by the European Supervisory Authorities for the Exchange of Information Relevant to the Assessment of the Appropriateness and Fit and Proper Status of Holders of Qualifying Holdings, Directors and Key Function Holders of Financial Institutions and Market Participants Official Gazette of the Republic of Slovenia, No. 26/25 ID: SKLE14012 SOP: 2025-01-0950 Adopted: 16. 4. 2025 Published: 17. 4. 2025 Effective from: 18. 4. 2025 Applicable from: 21. 4. 2025 Type of Act: Decision Responsible Authority: Bank of Slovenia Adopting Authority: 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, No. 92/21, 123/21 – ZBNIP, 2/25 – Constitutional Court Decision and 17/25; 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 – consolidated text, 59/11 and 55/17), the Council of the Bank of Slovenia issues
DECISION
on the Application of the Joint Guidelines of the EBA, EIOPA and ESMA on the System Established by the European Supervisory Authorities for the Exchange of Information Relevant to the Assessment of the Appropriateness and Fit and Proper Status of Holders of Qualifying Holdings, Directors and Key Function Holders of Financial Institutions and Market Participants
Article 1
(Purpose and Scope of the Guidelines)
(1) The European Banking Authority, 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), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331 of 15 December 2010, p. 12; hereinafter: Regulation (EU) No 1093/2010), published on 17 February 2025 the Joint Guidelines on the System Established by the European Supervisory Authorities for the Exchange of Information Relevant to the Assessment of the Appropriateness and Fit and Proper Status of Holders of Qualifying Holdings, Directors and Key Function Holders of Financial Institutions and Market Participants (hereinafter: Joint Guidelines), which are published on its website.
(2) The purpose of the Joint Guidelines is to establish consistent, effective and prudent supervisory practices within the European System of Financial Supervision (ESFS) and to ensure common, uniform and consistent application of Union law in relation to the use of the system established by the European supervisory authorities for the exchange of information of competent authorities relevant to the assessment of the appropriateness and fit and proper status of holders of qualifying holdings, directors and key function holders of financial institutions and market participants in accordance with the legal acts referred to in Article 1(2) of the founding regulations.
(3) The Joint Guidelines are addressed to the competent authorities referred to in Article 4(2) of Regulation (EU) No 1093/2010 1 and Regulation (EU) No 1094/2010 2 and Article 4(3) of Regulation (EU) No 1095/2010 3 .
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 a different decision is made for a specific amendment to the guidelines, for:
(2) In fulfilling its obligations under the Joint Guidelines, the Bank of Slovenia uses the information system of the European supervisory authorities.
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 22 April 2025.
Ljubljana, 17 April 2025
Primož Dolenc Deputy Chairman of the Council of the Bank of Slovenia
1
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)
2
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)
3
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)