Regulation on the application of the Joint Guidelines on the prudential assessment of acquisitions and increases of qualifying holdings in the financial sector

Pursuant to the third paragraph of Article 13 of the Banking Act (Official Gazette of the Republic of Slovenia, Nos. 25/15, 44/16 [ZRPPB] and 77/16 [ZCKR]; hereinafter: the ZBan-2), and the first paragraph of Article 31 of the Bank of Slovenia Act (Official Gazette of the Republic of Slovenia, Nos. 72/06 [official consolidated version] and 59/11), the Governing Board of the Bank of Slovenia hereby issues the following REGULATION on the application of the Joint Guidelines on the prudential assessment of acquisitions and increases of qualifying holdings in the financial sector

1. Article 1 (purpose and field of application) (1) Pursuant to Article 16(1) 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 (hereinafter: Regulation (EU) No 1093/2010), 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), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (hereinafter: Regulation 1094/2010/EU), and 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), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (hereinafter: Regulation 1095/2010/EU), on 20 December 2016 the European Banking Authority issued the Joint Guidelines on the prudential assessment of acquisitions and increases of qualifying holdings in the financial sector (hereinafter: the joint guidelines), which are published on its website. (2) The joint guidelines referred to in the first paragraph of this article clarify the procedural rules and evaluation criteria to be applied by competent authorities to the prudential assessment of acquisitions and increases of qualifying holdings in the financial sector. (3) The joint guidelines shall also apply inter alia to competent authorities as defined in point (i) of Article 4(2) of Regulation (EU) No 1093/2010.

2. Article 2 (content of regulation and scope of application of guidelines) (1) By virtue of this regulation the Bank of Slovenia sets out the application of the joint guidelines when in its role as the competent authority it is exercising supervisory powers and tasks over banks in accordance with the ZBan-2. (2) In exercising its supervisory powers and tasks in accordance with the ZBan-2 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, the Bank of Slovenia shall take account of the provisions of the joint guidelines.

3. Article 3 (entry into force) This regulation shall enter into force on the day after its publication in the Official Gazette of the Republic of Slovenia, and shall begin to be applied on 1 October 2017. Ljubljana, 29 June 2017 Boštjan Jazbec President, Governing Board of the Bank of Slovenia