Regulation on the Application of Guidelines on Passport Notifications for Credit Intermediaries under the Mortgage Credit Directive

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. 12/17 of 10 March 2017 (in force since 11 March 2017) Pursuant to Article 83 of the Consumer Credit Act (Official Gazette of the Republic of Slovenia, No. 77/16; 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] and 59/11), the Governing Board of the Bank of Slovenia hereby issues the following REGULATION on the application of the Guidelines on passport notifications for credit intermediaries under the Mortgage Credit Directive
Article 1
(purpose and field of application)
(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; hereinafter: Regulation (EU) No 1093/2010), on 19 October 2015 the European Banking Authority issued the Guidelines on passport notifications for credit intermediaries under the Mortgage Credit Directive (hereinafter: the guidelines), which are published on its website. (2) The guidelines referred to in the first paragraph of this article deal with the requirement for competent authorities of home Member States to notify the competent authorities of host Member States in relation to credit intermediaries intending to carry out business in another Member State, and the requirements to update the public register for credit intermediaries related to the passport notification. (3) The guidelines apply to competent authorities as defined in Article 4(2) of Regulation (EU) No 1093/2010 and as defined in point (22) of Article 4 of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60 of 28 February 2014, p 34).
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 supervisory powers and tasks over credit intermediaries in the provision of services of consumer credit intermediation for real estate or advisory services in connection with such credit in accordance with the law governing consumer credit. (2) In exercising its supervisory powers and tasks in accordance with the ZPotK-2, the Bank of Slovenia 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.

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, 7 March 2017 Boštjan Jazbec President, Governing Board of the Bank of Slovenia