Regulation on the Application of EBA Guidelines for Identifying Ancillary Services Activities under Regulation EU 575/2013

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. 469/26 of 29 April 2026 (in force as of 30 April
  2026, apply from 4 May 2026)
  Pursuant to paragraph 3 of Article 13 of the Banking Act (Official Gazette of the Republic of Slovenia, No. 15/26; hereinafter: the ZBan-4), and paragraph 1 of Article 31 of the Bank of Slovenia Act (Official Gazette of the Republic of Slovenia, Nos. 72/06 [official consolidated version], 59/11, 55/17 and 15/26), the Governing Board of the Banka Slovenije hereby issues the following REGULATION on the application of the Guidelines specifying the criteria for the identification of activities referred to in Article 4(1)(18) of Regulation (EU) No 575/2013
  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) 2025/2088 of the European Parliament and of the Council of 8 October 2025 amending Regulations (EU) No 1092/2010, (EU) No 1093/2010, (EU) No 1094/2010, (EU) No 1095/2010, (EU) No 806/2014, (EU) 2021/523 and (EU) 2024/1620 as regards certain reporting requirements in the fields of financial services and investment support (OJ L 2025/2088 of 21 October 2025, p. 1) (hereinafter: Regulation 1093/2010/EU), the European Banking Authority published the Guidelines specifying the criteria for the identification of activities referred to in Article 4(1)(18) of Regulation (EU) No 575/2013 (EBA/GL/2026/01; hereinafter:
  the guidelines) on its website on 9 January 2026.
  (2) The guidelines referred to in the first paragraph of this article specify the criteria for the identification of activities of relevance for the purposes of determining an ancillary services undertaking as defined in Article 4(1)(18) 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); last amended by a Corrigendum (OJ L 2025/90998 of 5 December 2025; p. 1) (hereinafter: Regulation 575/2013/EU). (3) The guidelines are addressed to:

1. competent authorities referred to in points (i) and (viii) of Article 4(2) of Regulation
   1093/2010/EU, and competent authorities referred to in Article 3(1)(35) of Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (OJ L 150 of 9 June 2023, p. 40), last amended by a Corrigendum (OJ L 2025/90547 of 1 July 2025, p. 1), and
2. financial institutions referred to in Article 4(1) of Regulation 1093/2010/EU.
   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 their future amendments, unless provided otherwise by Banka Slovenije in respect of a particular amendment to the guidelines, to:
3. banks, savings banks and credit companies for whose supervision Banka Slovenije is
   responsible in accordance with the ZBan-4 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) (hereinafter: banks); and
4. Banka Slovenije, when in accordance with the ZBan-4, the ZPlaSSIED (Official Gazette of the
   Republic of Slovenia, Nos. 7/18, 9/18 [corrigendum], 102/20, 113/24 and 17/25 [ZPPDFT-2B];

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE hereinafter: the ZPlaSSIED) or the Act Implementing the Regulation (EU) on Markets in Crypto-Assets (Official Gazette of the Republic of Slovenia, Nos. 95/24 and 10/26 [ZdZEETD]; hereinafter the ZIUTK) in its role as the competent authority it is exercising supervisory powers and tasks over banks referred to in point 1 of this paragraph. (2) Banks referred to in point 1 of the previous paragraph shall take full account of the provisions of the guidelines in the parts addressed to banks. (3) In exercising its supervisory powers and tasks in accordance with the ZBan-4, Regulation 575/2013/EU, the ZPlaSSIED and the ZIUTK, 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)
This regulation shall enter into force on the day following its publication in the Official Gazette of the Republic of Slovenia, and shall begin to be applied on 4 May 2026. Ljubljana, 21 April 2026 Primož Dolenc President Governing Board of Banka Slovenije