Regulation on the Application of EBA Guidelines on Recovery Plans for Crypto-Asset Issuers

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. 18/25 of 21 March 2025 (in force since 5 April 2025) Pursuant to the third paragraph of Article 13 of the Banking Act (Official Gazette of the Republic of Slovenia, Nos. 92/21, 123/21 [ZBNIP], 2/25 [constitutional court decision] and 17/25), the eleventh paragraph of Article 243 of the Payment Services, Electronic Money Issuance Services and Payment Systems Act (Official Gazette of the Republic of Slovenia, Nos. 7/18, 9/18 [corrigendum] and 102/20; hereinafter: the ZPlaSSIED), 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), and in connection with the fifth paragraph of Article 4 of the Act Implementing the Regulation (EU) on Markets in Crypto-Assets (Official Gazette of the Republic of Slovenia, No. 95/24), the Governing Board of Banka Slovenije hereby issues the following REGULATION on the application of the Guidelines on recovery plans under Articles 46 and 55 of the Regulation (EU) 2023/1114
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) 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), on 13 June 2024 the European Banking Authority (hereinafter: the EBA) published the Guidelines on recovery plans under Articles 46 and 55 of Regulation (EU) 2023/1114 (EBA/GL/2024/07; hereinafter: the guidelines) on its website. (2) The guidelines referred to in the first paragraph of this article specify the format and the information that should be contained in the recovery plan that issuers of asset-referenced tokens and issuers of e-money tokens have to draw up and maintain according to Articles 46 and 55 of Regulation (EU) 2023/1114 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; hereinafter: Regulation (EU) 2023/1114). (3) The guidelines are addressed to competent authorities as defined in point 35 of Article 3(1) of Regulation (EU) 2023/1114, and to issuers as defined in point 10 of Article 3(1) of Regulation (EU) 2023/1114, namely:
̶ issuers of asset-referenced tokens as defined in point 6 of Article 3(1) of Regulation (EU) No 2023/1114; and ̶ issuers of e-money tokens as defined in point 7 of Article 3(1) of Regulation (EU) No 2023/1114.

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE
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:

1. electronic money institutions that in accordance with the ZPlaSSIED have obtained an
   authorisation as an electronic money institution that issues e-money tokens;
2. banks and savings banks for whose supervision Banka Slovenije is responsible in accordance
   with the law governing banking 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), and who have obtained an authorisation to issue e-money tokens in accordance with the law governing banking; and
3. Banka Slovenije, when in accordance with the Act Implementing the Regulation (EU) on
   Markets in Crypto-Assets 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) Entities 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 them. (3) In exercising its supervisory powers and tasks in accordance with Regulation (EU) No 2023/1114 and the Act Implementing the Regulation (EU) on Markets in Crypto-Assets, 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 fifteenth day after its publication in the Official Gazette of the Republic of Slovenia. Ljubljana, 18 March 2025 Primož Dolenc Deputy Chairman of the Governing Council of the Bank of Slovenia