Regulation on the Application of Guidelines on STS Criteria for ABCP Securitisation

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. 30/19 of 10 May 2019 (in force since 11 May 2019)  Official Gazette of the Republic of Slovenia, No. 98/24 of 22 November 2024 – Regulation on the application of the Guidelines on STS criteria for on-balance-sheet securitisation and amending Guidelines EBA/GL/2018/08 and EBA/GL/2018/09 on STS criteria for ABCP and non-ABCP securitisation (in force since 9 December 2024) Pursuant to the third paragraph of Article 13 of the Banking Act (Official Gazette of the Republic of Slovenia, Nos. 25/15, 44/16 [ZRPPB], 77/16 [ZCKR], 41/17, 77/18 [ZTFI-1] and 22/19 [ZIUDSOL]; 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 STS criteria for ABCP securitisation
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), as last amended by Regulation (EU) No 2018/1717 of the European Parliament and of the Council of 14 November 2018 amending Regulation (EU) No 1093/2010 as regards the location of the seat of the European Banking Authority (OJ L 291 of 16 November 2018; p 1), on 12 December 2018 the European Banking Authority published the Guidelines on the STS criteria for ABCP securitisation (EBA/GL/2018/08; hereinafter: the guidelines) on its website. (2) The guidelines referred to in the first paragraph of this article set out the criteria relating to simplicity, standardisation and transparency for asset-backed commercial paper (ABCP) securitisations in accordance with Articles 24 and 26 of Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (OJ L 347 of 28 December 2017; p 35; hereinafter: Regulation (EU) No 2017/2402). (3) The guidelines are addressed to:

1. competent authorities referred to in point 2 of Article 4 of Regulation (EU) 1093/2010 that
   have been designated as competent authorities pursuant to Article 29(5) of Regulation (EU) 2017/2402; and
2. financial institutions referred to in point 1 of Article 4 of Regulation (EU) 1093/2010 that are
   subject to regulation and supervision pursuant to Regulation (EU) 2017/2402, including third parties verifying STS compliance also in accordance with the last subparagraph of Article 2(5) of Regulation (EU) 1093/2010.

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 the Bank of Slovenia sets out the application of the guidelines and all their future amendments, unless provided otherwise by the Bank of Slovenia in respect of a particular amendment to the guidelines, to:

1. banks and savings banks that in accordance with the ZBan-2 have obtained an authorisation to
   provide banking services in the Republic of Slovenia (hereinafter: banks); and
2. the Bank of Slovenia, when in accordance with the ZBan-2 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 first paragraph of this article 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-2, Regulation (EU) No 2017/2402 and the Act on the Implementation of the Regulation (EU) Laying Down a General Framework for Securitisation and Creating a Specific Framework for Simple, Transparent and Standardised Securitisation (Official Gazette of the Republic of Slovenia, No. 22/19), 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.
   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 May 2019 Boštjan Vasle President, Governing Board of the Bank of Slovenia Regulation the application of the Guidelines on the STS criteria for on-balance-sheet securitisation and amending Guidelines EBA/GL/2018/08 and EBA/GL/2018/09 on the STS criteria for ABCP and non-ABCP securitisation
   Article 5
   (entry into force)
   This regulation shall enter into force on 9 December 2024.".