Regulation on the Application of Guidelines for Assessing Other Systemically Important Institutions (O-SIIs) under CRD Article 131(3)

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. 66/15 of 14 September 2015 – basic text (in force since 15 September 2015)  Official Gazette of the Republic of Slovenia, No. 68/17 of 1 December 2017 – amendment (in force since 2 December 2017) Pursuant to the third paragraph of Article 13 of the Banking Act (Official Gazette of the Republic of Slovenia, No. 25/15 and 44/16 – ZRPPB, 77/16 – ZCKR and 41/17; 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], 59/11 and 55/17), the Governing Board of the Bank of Slovenia hereby issues the following REGULATION on the application of the Guidelines on the criteria to determine the conditions of application of
Article 131(3) of Directive 2013/36/EU (CRD) in relation to the assessment of other systemically
important institutions (O-SIIs)
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), on 16 December 2014 the European Banking Authority issued the Guidelines on the criteria to determine the conditions of application of
Article 131(3) of Directive 2013/36/EU (CRD) in relation to the assessment of other systemically
important institutions (O-SIIs) (hereinafter: the guidelines), which are published on its website. (2) The guidelines referred to in the first paragraph of this article set out the criteria in connection with the assessment of other systemically important institutions, and the rules on certain disclosures during the process of the assessment. (3) The guidelines apply to authorities designated by Member States pursuant to the first paragraph of Article 131 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).
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 guidelines to the Bank of Slovenia, when in its role as the competent authority it is exercising powers and tasks in connection with the definition of other systemically important banks in accordance with the ZBan-2. (2) In exercising its powers and tasks in connection with the definition of other systemically important banks in accordance with the ZBan-2, the Bank of Slovenia shall take full account of the provisions of the guidelines with the exception of point 9, where the upper threshold of 500 basis points is used instead of the threshold of 425 basis points for the designation of O-SIIs.

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE
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. Ljubljana, 8 September 2015 Boštjan Jazbec President, Governing Board of the Bank of Slovenia The Regulation amending the Regulation on the application of the Guidelines on the criteria to determine the conditions of application of Article 131(3) of Directive 2013/36/EU (CRD) in relation to the assessment of other systemically important institutions (O-SIIs) (Official Gazette of the Republic of Slovenia, No. 68/17 of 1 December 2017) also includes the following provision:
"Article 2
This regulation shall enter into force on the day after its publication in the Official Gazette of the Republic of Slovenia.".