5.3 Identification process at individual, sub-consolidated and consolidated level

114.The qualitative and quantitative identification criteria included in Article 92(3) of Directive 2013/36/EU and the RTS on identified staff and those additionally set by the institutions should be applied both by institutions on an individual basis, using the figures and considering the situation of the individual institution, and in addition by the consolidating institution on a consolidated and sub-consolidated basis as defined in points (48) and (49) of Article 4(1) of Regulation (EU) 575/2013, including – subject to the provisions of Article 109(4) to (6) of Directive 2013/36/EU – all subsidiaries in the scope of prudential consolidation which are not themselves subject to the CRD, using the consolidated figures and considering the consolidated situation and the impact on the institut ions’ risk profile on a consolidated basis. The identification process on a consolidated basis should include staff members as defined in Article 109(5) of Directive 2013/36/EU, even if the subsidiary that employs that staff member is not subject to the application of the requirements in Articles 92, 94 and 95 of Directive 2013/36/EU on a consolidated basis and is not subject to Directive 2013/36/EU on an individual basis.

115.When applying qualitative identification criteria at consolidated or sub-consolidated level, staff members in a subsidiary are only captured if they are responsible for the functions referred to in these criteria on a consolidated or sub-consolidated basis. E.g. a staff member in a subsidiary who is a member of the management body of such subsidiary should be captured by the criterion ‘ the staff member is a member of the management body in its management function ’ only if he or she is also a member of the management body of the EU parent institution.

116.The applicable quantitative identification criteria should apply to all staff within the institution and its subsidiaries that are subject to the requirements under Articles 92, 94 and 95 of Directive 2013/36/EU on a consolidated and sub-consolidated basis, taking into account all remuneration awarded within the full scope of prudential consolidation.

117.When applying qualitative identification criteria, institutions should identify the staff responsible for the function named in the qualitative criteria; the main criterion for the identification is not the name of the function but the authority and responsibility conferred on the function.

1. Overview

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

3. Related Standards

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