Decision on the Application of the Recommendation on the Scope of Group Resolution Planning

Evidence Data Collection Other General and Individual Acts Decision on the Application of the Recommendation on the Scope of Group Resolution Planning Official Gazette of the Republic of Slovenia, No. 17/18 ID: SKLE11421 SOP: 2018-01-0749 Adopted: 13. 3. 2018 Published: 15. 3. 2018 Effective from: 16. 3. 2018 Type of Act: Decision Lead Authority: Bank of Slovenia Adopting Authority: Bank of Slovenia Forms The electronic edition of the Official Gazette is the official edition as of January 1, 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 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 Recommendation on the scope of group resolution planning

Article 1

(Purpose and scope of application of the recommendation)

(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) 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 (EU) No 1093/2010), published on 26 January 2018 the Recommendation on the scope of group resolution planning (hereinafter: the Recommendation), which is published on its website.

(2) The Recommendation referred to in the first paragraph of this Article defines common criteria for determining the entities that need to be included in the group resolution plan and provides common guidelines regarding the appropriate scope and treatment of entities included in the group resolution plan. The Recommendation further defines criteria for classifying entities and branches as significant, locally significant, or insignificant entities, as well as their expected scope of inclusion in the group resolution plan. Additionally, the Recommendation provides guidelines regarding the review of the group resolution plan addressed to competent supervisors.

(3) The Recommendation is addressed to:

1. credit institutions as defined in Article 4(1)(1) of 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 No 176 of 27 June 2013, p. 1; hereinafter: Regulation (EU) No 575/2013), mixed financial holding companies as defined in Article 4(1)(21) of Regulation (EU) No 575/2013, and investment firms as defined in Article 4(1)(1) of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L No 173 of 12 June 2014, p. 349), and in particular parent undertakings in the Union and relevant entities in the group included in the scope of prudential consolidation (hereinafter: entities in the group);

2. competent authorities as defined in Article 4(2)(i) of Regulation (EU) No 1093/2010 and in particular the consolidation supervisor and competent authorities referred to in Articles 5 to 9 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 (OJ L No 173 of 12 June 2014, p. 190) for the purposes of group resolution planning.

Article 2

(Content of the decision and scope of application of the recommendation)

(1) By this decision, the Bank of Slovenia determines the application of the Recommendation in the part addressed to entities in the group, specifically for credit institutions, investment firms, mixed financial holding companies, and in particular EU parent undertakings and undertakings subject to consolidated supervision carried out by the Bank of Slovenia in accordance with Article 291 of ZBan-2, which must comply with the obligations under Chapter 6.7 of ZBan-2 regarding the preparation of the group resolution plan.

(2) Entities referred to in the first paragraph of this Article must fully take into account the provisions of the Recommendation in the part addressed to entities in the group when preparing the group resolution plan.

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, 14 March 2018

Boštjan Jazbec l.r.

Chairman of the Council of the Bank of Slovenia