Regulation on the application of the Guidelines on instruments available for third country branches for unrestricted and immediate use to cover risks or losses under Article 48e(2)(c) of Directive 2013/36/EU

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. 882/26 of 9 June 2026 (in force as of 10 June
  2026, apply from 11 January 2027)
  Pursuant to paragraph 3 of Article 13 of the Banking Act (Official Gazette of the Republic of Slovenia, No. 15/26; hereinafter: the ZBan-4), and paragraph 1 of Article 31 of the Bank of Slovenia Act (Official Gazette of the Republic of Slovenia, Nos. 72/06 [official consolidated version], 59/11, 55/17 and 15/26), the Governing Board of Banka Slovenije hereby issues the following REGULATION on the application of the Guidelines on instruments available for third country branches for unrestricted and immediate use to cover risks or losses under Article 48e(2)(c) of Directive 2013/36/EU
  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) 2025/2088 of the European Parliament and of the Council of 8 October 2025 amending Regulations (EU) No 1092/2010, (EU) No 1093/2010, (EU) No 1094/2010, (EU) No 1095/2010, (EU) No 806/2014, (EU) 2021/523 and (EU) 2024/1620 as regards certain reporting requirements in the fields of financial services and investment support (OJ L 2025/2088 of 21 October 2025, p. 1) (hereinafter: Regulation 1093/2010/EU), the European Banking Authority published the Guidelines on instruments available for third country branches for unrestricted and immediate use to cover risks or losses under Article 48e(2)(c) of Directive 2013/36/EU (EBA/GL/2026/03; hereinafter: the guidelines) on its website on 2 March 2026. (2) The guidelines referred to in paragraph 1 of this article set out which financial instruments of third￾country branches may be used to meet the minimum capital endowment requirement, and define the minimum operational conditions that ensure that these instruments are available for unrestricted and immediate use to cover risks or losses as soon as those risks or losses occur. (3) The guidelines are addressed to:

1. competent authorities referred to in point (i) of Article 4(2) of Regulation 1093/2010/EU; and
2. financial institutions referred to in Article 4(1) of Regulation 1093/2010/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 guidelines and all their future amendments, unless provided otherwise by Banka Slovenije in respect of a particular amendment to the guidelines, to:
3. third-country branches for whose supervision Banka Slovenije is responsible in accordance
   with the ZBan-4 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
4. Banka Slovenije, when in accordance with the ZBan-4 in its role as the competent authority it
   is exercising supervisory powers and tasks over third-country branches referred to in point 1 of this paragraph. (2) Third-country branches referred to in point 1 of the previous paragraph shall take full account of the provisions of the guidelines in the parts addressed to third-country branches. (3) In exercising its supervisory powers and tasks in accordance with the ZBan-4 and Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176 of 27 June 2013, p. 1), last amended by a Corrigendum (OJ L 2025/90998 of 5 December

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE 2025, p. 1), 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 day after its publication in the Official Gazette of the Republic of Slovenia, and shall begin to be applied on 11 January 2027. Ljubljana, 2 June 2026 Primož Dolenc President of the Governing Board of Banka Slovenije