Service Providers excluded from the provisions of ZPlaSSIED
In the Republic of Slovenia payment services are regulated by the Payment Services, Services of Issuing Electronic Money and Payment Systems Act (ZPlaSSIED - in Slovene). However, the ZPlaSSIED also provides exclusions (Article 3 of the ZPlaSSIED), for which its provisions do not apply to.
Services excluded from the scope of the ZPlaSSIED under Article 3(11) of the ZPlaSSIED (limited network exclusion)
The ZPlaSSIED does not apply to the services based on specific payment instruments that can be used only in a limited way, that meet one of the following conditions:
i. instruments allowing the holder to acquire goods or services only in the premises of the issuer or within a limited network of service providers under direct commercial agreement with a professional issuer;
ii. instruments which can be used only to acquire a very limited range of goods or services;
iii. instruments valid only in the Republic of Slovenia provided at the request of an undertaking or a public sector entity and regulated by a national or regional public authority for specific social or tax purposes to acquire specific goods or services from suppliers having a commercial agreement with the issuer.
The European Banking Authority (EBA) issued Guidelines on the limited network exclusion under PSD2 (EBA/GL/2022/02; EBA Guidelines). EBA Guidelines inter alia set out criteria and factors to be taken into account by competent authorities in the assessment of whether the activities should fall under the limited network exclusion and specify details on the notification process Article 23(1) of the ZPlaSSIED, which implemented Article 37(2) of Payment Service Directive into Slovenian legal order. In line with the Regulation on the application of the Guidelines on the limited network exclusion under PSD2 (Official Gazette of the Republic of Slovenia 79-1798/2022), in exercising its supervisory powers and tasks in the area of provision of payment services and electronic money issuing services, Banka Slovenije takes full account of the provisions of the EBA Guidelines.
Service providers carrying out either of the activities referred to in points (i) and (ii) (limited network exclusion), for which the total value of payment transactions executed over the preceding 12 months exceeds the amount of EUR 1 million, must send a notification to the Bank of Slovenia. The notification shall contain a description of the services offered, specify under which exclusion referred to in point (i) and (ii) the activity is considered to be carried out and contain all other relevant information, that allow Banka Slovenije to assess whether the activity falls under the scope of Article 3(11) of the ZPlaSSIED (taking into account the provisions of the EBA Guidelines) or whether it will require authorisation as a payment institution or an electronic money institution. Service providers prepare the notification using the following form - in Slovene.
Services excluded from the scope of the ZPlaSSIED under Article 3(12) of the ZPlaSSIED
Simultaneously, the ZPlaSSIED does not apply to the payment transactions by a provider of electronic communications networks or services provided in addition to electronic communications services for a subscriber to the network or service:
i. for purchase of digital content and voice-based services, regardless of the device used for the purchase or consumption of the digital content and charged to the related bill, or
ii. performed from or via an electronic device and charged to the related bill within the framework of a charitable activity or for the purchase of tickets; provided that the value of any single payment transaction referred to in points (i) and (ii) does not exceed EUR 50 and:
-
the cumulative value of payment transactions for an individual subscriber does not exceed EUR 300 per month, or
-
where a subscriber pre-funds its account with the provider of the electronic communications network or service, the cumulative value of payment transactions does not exceed EUR 300 per month.
Service providers carrying out the abovementioned activities must send a notification to the Bank of Slovenia and provide an annual audit opinion, testifying that the activity complies with the limits set out in the ZPlaSSIED.
Register of service providers excluded from the provisions of the ZPlaSSIED
Under the ZPlaSSIED, the Bank of Slovenia administers and maintains a register of the before mentioned service providers excluded from the provisions of the ZPlaSSIED, that is a centralised database of such service providers.
The Bank of Slovenia administers, maintains and publishes the following lists:
- A list of service providers within limited network excluded from the provisions of the ZPlaSSIED under Article 3(11) of the ZPlaSSIED (limited network exclusion);
- A list of providers of electronic communications networks or services excluded from the provisions of the ZPlaSSIED under Article 3(12) of the ZPlaSSIED.
A list of service providers within limited network excluded from the provisions of the ZPlaSSIED under Article 3(11) of the ZPlaSSIED (limited network exclusion)
| Service provider | Identification number | Address | Description of the activity and exclusion of provided service1 |
|
PETROL, |
6395791000 | Dunajska cesta 50, 1000 Ljubljana |
- card for purchase of fuel and of all products offered in stores at the gas stations and motor vehicle service (1) - card for purchase of fuel and of all products offered in stores at the gas stations, motor vehicle service and electric vehicle charging services (1) |
|
OMV SLOVENIJA, |
5540739000 | Ulica 15.maja 19, 6000 Koper |
- card for purchase of fuel, tolls, tunnels, bridges and parking lots, lubricants and other equipment for motor vehicles (1, 2) - card for purchase of fuel and of all products offered in stores at the gas stations and motor vehicle service (1) - card for purchase of fuel, tolls, tunnels, bridges and parking lots, lubricants and other equipment for motor vehicles (2) |
| POSLOVNI SISTEM MERCATOR d. d. |
5300231000 | Dunajska cesta 107 1000 Ljubljana |
- card for purchase of assortment of products and services offered by the issuer and it's business partners (1) - card for purchase of assortment of products and services offered by the issuer (1) |
| JAVNO PODJETJE LJUBLJANSKI POTNIŠKI PROMET, d. o. o. |
5222966000 | Celovška cesta 160 1000 Ljubljana |
- card for purchase of public services (1) |
| Shell Adria, Trading Company Ltd. | 1414321000 | Bravničarjeva ulica 13 1000 Ljubljana |
- card for purchase of fuel, tolls, tunnels, lubricants and other equipment for motor vehicles (2) |
| EOC družba za trgovino, posredovanje in storitve d. o. o. | 1403575000 | Kraljeviča Marka ulica 27 2000 Maribor | - card for purchase of fuel and AdBlue (1, 2) |
|
MOL Slovenija, trgovsko podjetje, d. o. o. |
5952441000 |
Lendavska ulica 24 9000 Murska Sobota |
- card for purchase of fuel, tolls, lubricants and other equipment for motor vehicles (2) - card for purchase of all products offered in stores at the gas stations, fuel, tolls, lubricants and other equipment for motor vehicles (1) - card for purchase of all products offered in stores at the gas stations, fuel, lubricants and other equipment for motor vehicle (1) |
|
Mestna občina Novo mesto
Mestna občina Nova Gorica |
5883288000
5881773000 |
Seidlova cesta 1 8000 Novo mesto Trg Edvarda Kardelja 1 5000 Nova Gorica |
- card issued by the municipality for purchase of local services of public interest (eg. public transport, parking) in order to fulfil the needs of citizens of the municipality |
1 Exclusion from the provisions of the ZPlaSSIED, to which services under Article 3(1)(11) of the ZPlaSSIED are provided:
(1) instruments allowing the holder to acquire goods or services only in the premises of the issuer or within a limited network of service providers under direct commercial agreement with a professional issuer
(2) instruments which can be used only to acquire a very limited range of goods or services
A list of providers of electronic communications networks or services excluded from the provisions of the ZPlaSSIED under Article 3(12) of the ZPlaSSIED
Currently no such service providers exist in the Republic of Slovenia.