Regulation on the Application of EBA Guidelines on Arrears and Foreclosure (EBA/GL/2024/10)

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), Article 83 of the Consumer Credit Act (Official Gazette of the Republic of Slovenia Nos 77/16 and 29/21 [ZBan-3]; hereinafter: the ZPotK-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], 59/11 and 55/17), the Governing Board of Banka Slovenije hereby issues the following REGULATION on the application of the Guidelines amending the Guidelines on arrears and foreclosure
Article 1
(purpose and field of application of guidelines) (1) 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 331 of 15 December 2010, p. 12), as last amended by Regulation (EU) No 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (OJ L 2024/1620 of 19 June 2024; hereinafter: Regulation (EU) No 1093/2010), the European Banking Authority (hereinafter: the EBA) published the EBA Guidelines on arrears and foreclosure (hereinafter: the EBA/GL/2015/12) on its website on 19 August 2015. (2) Banka Slovenije made a decision regarding the application of the EBA GL/2015/12 by virtue of the Regulation on the application of EBA Guidelines on arrears and foreclosure (Official Gazette of the Republic of Slovenia No 12/17 of 10 March 2017). (3) On 28 June 2024, pursuant to Article 16 of Regulation (EU) No 1093/2010, the EBA published Guidelines amending the EBA Guidelines (EBA/GL/2015/12) on arrears and foreclosure (hereinafter:
the EBA/GL/2024/10) on its website.
(4) The EBA/GL/2024/10 are intended for:

• financial institutions as defined in Article 4(1) of Regulation (EU) No 1093/2010 that are
  creditors as set out in point (2) of Article 4 of Directive 2014/17/EU; and
• the competent authorities as defined in Article 4(2) of Regulation (EU) No 1093/2010 (the
  EBA), which includes the competent authorities set out in point (22) of Article 4 of Directive 2014/17/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 EBA/GL/2024/10 and all future amendments to the EBA/GL/2015/12, unless stipulated otherwise in respect of a particular amendment to the guidelines, to:

1. banks and savings banks that in accordance with the ZBan-3 have obtained an authorisation to
   provide banking services in the Republic of Slovenia (hereinafter: banks);

2. creditors that provide real estate finance leasing services in accordance with the ZPotK-2;

3. Banka Slovenije, when in accordance with the ZBan-3 and the ZPotK-2 in its role as the competent
   authority it is exercising supervisory powers and tasks over the entities referred to in points 1 and 2 of this paragraph. (2) Financial institutions referred to in points 1 and 2 of the first paragraph of this article shall take full account of the provisions of the guidelines in the parts addressed to financial institutions. (3) In exercising its powers and tasks over financial institutions referred to in points 1 and 2 of the first paragraph of this article, Banka Slovenije shall take full account of the provisions of the guidelines in the parts addressed to competent authorities.
   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 22 October 2024. Ljubljana, 17 September 2024 Boštjan Vasle President, Governing Board of Banka Slovenije