Decision on the Application of the Guidelines on the Supervision of Significant Branches

Evidence Data Collection: Other General and Individual Acts Decision on the Application of the Guidelines on the Supervision of Significant Branches Official Gazette of the Republic of Slovenia, No. 23/18 ID: SKLE11485 SOP: 2018-01-0963 Adopted: 27. 3. 2018 Published: 5. 4. 2018 Effective from: 6. 4. 2018 Type of Act: Decision Responsible Authority: Banka Slovenije Adopting Body: 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. 25/15, 44/16 – ZRPPB, 77/16 – ZCKR and 41/17; hereinafter: ZBan-2) and the first paragraph of Article 31 of the Banka Slovenije Act (Official Gazette of the Republic of Slovenia, No. 72/06 – officially consolidated text 59/11 and 55/17), the Council of Banka Slovenije issues

DECISION

on the Application of the Guidelines on the Supervision of Significant Branches

Article 1

(Purpose and Scope of Application 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 No 331 of 15 December 2010, p. 12; hereinafter: Regulation (EU) No 1093/2010), published on 16 February 2018 the Guidelines on the Supervision of Significant Branches (hereinafter: Guidelines), which are published on its website.

(2) The Guidelines determine the manner of cooperation between the consolidating supervisor and the competent authorities of the home and host Member States within the framework of supervisory colleges established in accordance with Article 116 or Article 51(3) of Directive 2013/36/EU, in supervising and coordinating the exercise of their competences under Chapter 4 of Title V and Chapters 1 and 3 of Title VII of the Directive, and Section 2 of Title II of Directive 2014/59/EU in relation to branches of Union institutions established in another Member State.

(3) The Guidelines apply to:

1. branches that are significant in accordance with Article 51 of Directive 2013/36/EU, and

2. competent authorities as defined in point (i) of the second paragraph of Article 4 of Regulation (EU) No 1093/2010.

Article 2

(Content of the Decision and Scope of Application of the Guidelines)

(1) With this Decision, Banka Slovenije determines the application of the Guidelines for:

1. banks of a Member State that have established branches within the territory of the Republic of Slovenia in accordance with ZBan-2, or are entitled under this law to directly provide banking services within the territory of the Republic of Slovenia (hereinafter: branches), and

2. Banka Slovenije, when acting as the competent authority in accordance with ZBan-2, it exercises supervisory competences and tasks over the branches referred to in point 1 of this paragraph.

(2) 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 them.

(3) Banka Slovenije, in performing its supervisory tasks and competences in accordance with ZBan-2 and Regulation (EU) No 575/2013, shall fully take into account the provisions of the Guidelines insofar as they relate to the performance 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.

Ljubljana, 28 March 2018

Boštjan Jazbec l.r.

President

Council of Banka Slovenije