Regulation on the Application of EBA Guidelines for Credit Institution Authorisation under Article 8(5) of Directive 2013/36/EU

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE Official Gazette of the Republic of Slovenia, No. 49/2022 of 8 April 2022 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: the ZBan-3), 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], 59/11 and 55/17), the Governing Board of Banka Slovenije hereby issues the following REGULATION on the application of the Guidelines on a common assessment methodology for granting authorisation as a credit institution under Article 8(5) of Directive 2013/36/EU
Article 1
(purpose and field of application of guidelines) (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 (OJ L 331 of 15 December 2010, p. 12), 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 a European Supervisory Authority (European Banking Authority), Regulation (EU) No 1094/2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), Regulation (EU) No 1095/2010 establishing a 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 to measure the performance of investment funds, and Regulation (EU) 2015/847 on information accompanying transfers of funds (OJ L 334 of 27 December 2019, p. 1) (hereinafter:
Regulation (EU) No 1093/2010), on 11 November 2021 the European Banking Authority published the Guidelines on a common assessment methodology for granting authorisation as a credit institution under Article 8(5) of Directive 2013/36/EU (EBA/GL/2021/12; hereinafter: the guidelines) on its website. (2) The guidelines lay down the criteria and methods according to which competent authorities should assess the common requirements for granting authorisation as a credit institution set out in Articles 10 to 14 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 of 27 June 2013, p. 338; hereinafter: Directive 2013/36/EU). The guidelines apply to cases where in accordance with Directive 2013/36/EU competent authorities have to assess the granting of an authorisation as a credit institution – defined in letters (a) and (b) of point (1) of
Article 4(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 176 of 27 June 2013, p. 1; hereinafter: Regulation (EU) No 575/2013). (3) The guidelines are addressed to competent authorities referred to in subpoint (i) of Article 4(2) of Regulation (EU) No 1093/2010.

Article 2
(content of regulation and scope of application of guidelines) (1) By virtue of this regulation Banka Slovenije sets out the application of the guidelines and all future amendments thereto, unless Banka Slovenije provides otherwise for a particular amendment to the guidelines, to Banka Slovenije when, in accordance with the ZBan-3, in the role of competent authority it is exercising supervisory powers and tasks over banks and savings banks for whose supervision it is responsible in accordance with the ZBan-3 and Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287 of 29 October 2013, p. 63). (2) In exercising its supervisory powers and tasks in accordance with the ZBan-3 and Regulation (EU) No 575/2013, Banka Slovenije shall take full account of the provisions of the guidelines in the parts relating to the exercise of the powers and tasks of the competent authority.
Article 3
(entry into force and application)
(1) This regulation shall enter into force on 8 April 2022, and shall begin to be applied upon the entry into force of the Regulatory Technical Standards under Article 8(2) of Directive 2013/36/EU on the information to be provided for the authorisation of credit institutions (EBA-RTS-2017-08) and the Implementing Technical Standards under Article 8(3) of Directive 2013/36/EU on standard forms, templates and procedures for the provision of the information required for the authorisation of credit institutions (EBA-ITS-2017-05), whose adoption has been proposed to the European Commission by the European Banking Authority in accordance with its powers. (2) The Governor of Banka Slovenije shall publish notice of the beginning of the application of this regulation in the Official Gazette of the Republic of Slovenia. Ljubljana, 5 April 2022 Boštjan Vasle President, Governing Board of Banka Slovenije