+Guidelines on the benchmarking exercises on remuneration practices and the gender pay gap under Directive (EU) 2019/2034
---+1. Scope of investment firms subject to the remuneration data collection exercise
------+13. Competent authorities should collect and submit to the EBA remuneration data of at least the …
---+2. Scope of investment firms subject to the gender pay gap data collection exercise
------+14. Competent authorities should collect and submit to the EBA gender pay gap data on an individual …
------+15. Competent authorities should collect at an individual level gender pay gap data from investment …
---+3. Submission of data to the competent authorities by investment firms
------+16. To enable competent authorities to collect and submit to the EBA remuneration data in …
------+17. To enable competent authorities to collect and submit to the EBA gender pay gap data in …
---+4. Submission of benchmarking data by competent authorities to the EBA
---+4.1. Preparation of the data submission to the EBA by competent authorities
------+18. Competent authorities should inform the EBA, by 31 March of the calendar year following the …
------+19. Changes to the sample of investment firms should be avoided as much as possible to ensure that …
------+20. Competent authorities should, following a communication from the EBA, remove from the list …
---+4.2. Submission of data to the EBA
------+21. Competent authorities should submit the benchmarking data, after ensuring the completeness …
---+5. General specifications for all benchmarking data to be reported
------+22. When submitting benchmarking data in accordance with Sections 3 and 4, investment firms and …
------+23. Benchmarking data should be submitted using accounting year-end figures in EUR. Where …
------+24. Amounts should be reported as full amounts, i.e. not rounded amounts, in EUR (e.g. EUR 1 234 …
------+25. Benchmarking data for the calendar year in which the financial year ended should be submitted …
---+6. Additional specifications for remuneration data
------+26. The number of staff should be submitted as determined at the end of the financial year (i.e. …
------+27. For the purposes of Annexes II and III, identified staff are the staff specified under point …
------+28. Unless otherwise specified in the Annexes to these Guidelines, information on remuneration …
------+29. The allocation of submitted amounts to the fixed and variable part of remuneration should be …
------+30. Taxable non-monetary items of remuneration should be included with their monetary equivalent …
------+31. Only the amounts of variable remuneration awarded for the reported financial year that have …
------+32. Severance payments, guaranteed variable remuneration and discretionary pension benefits should …
------+33. Where identified staff left the investment firm before the end of the financial year, the …
------+34. For the purposes of the tables in Annex I and in Annex III, staff should be classified under …
------+35. For the allocation of staff to business areas and categories of staff, investment firms should …
------+36. Variable remuneration awarded based on multi-year accrual periods that do not revolve on an …
------+37. Investment firms not falling under Article 32(4)(a) of Directive (EU) 2019/2034 should submit …
---+7. Additional specifications for the submission of information on derogations in Annex IV
------+38. Investment firms should specify in Annex IV whether they are subject to the derogations under …
------+39. Derogations under Article 32(4) of Directive 2013/36/EU should be considered to be applied when …
---+8. Additional specifications for the submission of the gender pay gap in Annex V
------+40. Investment firms that are participating in the gender pay gap benchmarking exercise should …
------+41. Investment firms should establish a list of all staff and determine which staff should be …
------+42. The gender pay gap should be calculated as the difference between the average remuneration of …
------+43. For each staff member that should be included in the gender pay gap calculation in accordance …
------+44. Investment firms should calculate the gender pay gap for all staff (including the identified …
------+45. Investment firms that have 250 or more staff should calculate the gender pay gap for each …
------+46. Investment firms should calculate the gender pay gap in terms of the representation of each …
------+47. The gender pay gap based on gross remuneration should be expressed as the difference between …
------+48. Investment firms should comply with the following instructions in preparing the calculation: a. …
------+49. All figures should be expressed as percentages with two decimal places (e.g. ‘17.23%’ or ‘ - …
---+9. Data quality
------+50. Investment firms and competent authorities should check the completeness and plausibility of …
------+51. Where there are strong fluctuations of benchmarking data over time, the investment firm and the …
------+52. Investment firms and competent authorities should ensure that the sum of sub-positions of the …
------+53. When checking the plausibility of benchmarking data, competent authorities should take into …
------+54. Where benchmarking data appears to be implausible, but are in fact correct, competent …
------+55. Regarding submitted benchmarking data that shows potential data quality issues or is considered …
------+56. Competent authorities should provide as necessary corrected data or explanations for any …
------+57. When submitting benchmarking data to the EBA in accordance with these Guidelines, competent …
---+Annex I – General information and information on remuneration for all staff in investment firms
------+(headcount) # #
------+year N (in EUR)
------+EUR)
---+Annex II – Information on remuneration of identified staff in investment firms
------+Row MB supervisory MB management Other senior Other identified staff
------+1 Members (headcount)
------+2 Number of identified staff in FTEs
------+3 Total fixed remuneration (in EUR) in year N
------+11 Total variable remuneration (in EUR) in year N
---+Annex III – Information on remuneration of identified staff per business area
------+staff (headcount)
------+staff (FTEs)
------+senior management’
------+identified staff’
------+EUR)
---+Annex IV – Derogations from the application of requirement to pay out a part of variable remuneration deferred and in instruments for investment firms under Directive (EU) 2019/2034
---+Annex V – Information on the gender pay gap
------+Investment firm (individual level) Name
------+Legal entity identifier Number
---+Representation of staff of different genders per quartile of remuneration level
------+level
---+Gender pay gap based on the total gross remuneration
---+Annex VI – Data quality checks

Guidelines on the benchmarking exercises on remuneration practices and the gender pay gap under Directive (EU) 2019/2034

Guidelines on the benchmarking exercises on remuneration practices and the gender pay gap under Directive (EU) 2019/2034

1. Overview

,
Summary Regulation
1. Scope of investment firms subject to the remuneration data collection exercise

1. Scope of investment firms subject to the remuneration data collection exercise

2. Scope of investment firms subject to the gender pay gap data collection exercise

2. Scope of investment firms subject to the gender pay gap data collection exercise

3. Submission of data to the competent authorities by investment firms

3. Submission of data to the competent authorities by investment firms

4. Submission of benchmarking data by competent authorities to the EBA

4. Submission of benchmarking data by competent authorities to the EBA

4.1. Preparation of the data submission to the EBA by competent authorities

4.1. Preparation of the data submission to the EBA by competent authorities

4.2. Submission of data to the EBA

4.2. Submission of data to the EBA

5. General specifications for all benchmarking data to be reported

5. General specifications for all benchmarking data to be reported

6. Additional specifications for remuneration data

6. Additional specifications for remuneration data

7. Additional specifications for the submission of information on derogations in Annex IV

7. Additional specifications for the submission of information on derogations in Annex IV

8. Additional specifications for the submission of the gender pay gap in Annex V

8. Additional specifications for the submission of the gender pay gap in Annex V

9. Data quality

9. Data quality

Annex I – General information and information on remuneration for all staff in investment firms

Name of the investment firm Name Maximum ratio between the variable and fixed remuneration for identified staff set in the investment Percentage firm internal policy Does the investment firm benefit from the waiver under Article 32(4)(a) IFD at an institutional level? Yes/no The investment firm is a subsidiary of an EU parent institution that is subject to Directive 2013/36/EU Yes/no Financial year for which the remuneration is awarded (year N) Year

MB supervisory MB management function functionDealing on Investment advice Portfolio Operation of Independent All other staff own account, and order management MTF/OTF control functions underwriting execution and placing of instruments

Number of members

Annex II – Information on remuneration of identified staff in investment firms

Name of the investment firm Name

Financial year for which the remuneration is awarded (year N) Year

Annex III – Information on remuneration of identified staff per business area

Name of the investment firm Name Financial year for which the remuneration is awarded (year N) Year

MB supervisory MB function management functionDealing on Investment Portfolio Operation of Independent All other staff own account, advice and management MTF/OTF control underwriting order execution functions and placing of instruments

Number of identified

Annex IV – Derogations from the application of requirement to pay out a part of variable remuneration deferred and in instruments for investment firms under Directive (EU) 2019/2034

Name of the investment firm Name Financial year for which the remuneration is awarded (year N): Year Information on the availability of waivers Derogation on a firm-wide Derogation for staff basis under Art. 34(4)(a) IFD under Art. 34(4)(b) IFD Does the investment firm apply the derogations regarding the requirement to pay out a part of the variable Yes/no remuneration deferred and in instruments under Article 34(4)(a) IFD to all its identified staff? If this has been answered with ‘ yes ’ the information below does not need to be provided. Does the investment firm apply the derogation from the requirement under Article 32 (1)(j) IFD (pay-out in Yes/no Yes/no instruments)? Where the investment firm applies the above derogation, but with a lower threshold as implemented under national Threshold law, please indicate the threshold applied in EUR Number of identified staff benefitting from the above derogation Headcount Headcount Percentage of identified staff benefitting from the above derogation Percentage Percentage Total remuneration of identified staff benefitting from the above derogation EUR EUR Of which: variable remuneration EUR EUR Of which: fixed remuneration EUR EUR Does the investment firm apply the derogation from the requirement under Article 32 (1)(l) IFD (pay-out under Yes/no Yes/no deferral arrangements)? Where the investment firm applies the above derogation, but with a lower threshold as implemented under national Threshold law, please indicate the threshold applied in EUR Number of identified staff benefitting from the above derogation Headcount Headcount Percentage of identified staff benefitting from the above derogation Percentage Percentage Total remuneration of identified staff benefitting from the above derogation EUR EUR Of which: variable remuneration EUR EUR Of which: fixed remuneration EUR EUR Does the investment firm apply the derogation from the requirement under Article 32 (1), third subparagraph of Yes/no Yes/no paragraph 3 (derogations with regard to the pay-out in instruments of discretionary pension benefits)? Number of identified staff benefitting from the above derogation Headcount Headcount Total remuneration of identified staff benefitting from the above derogation EUR EUR Of which: variable remuneration EUR EUR Of which: fixed remuneration EUR EUR

25

Annex V – Information on the gender pay gap

Annex V – Information on the gender pay gap

Representation of staff of different genders per quartile of remuneration level

Representation of male and All male staff in per cent of All female staff in per cent All male identified staff in All female identified staff in female staff in each all staff of all staff per cent based on all per cent based on all quartile of remuneration identified staff identified staff

Gender pay gap based on the total gross remuneration

Total gross annual Gender pay gap of all staff, Gender pay gap of all staff, Gender pay gap of Gender pay gap of remuneration level based on median based on mean identified staff, based on identified staff, based on median mean

Quartile 1 (low) Percentage (e.g. 42.43%) Percentage Percentage Percentage Quartile 2 (low to medium) Percentage Percentage Percentage Percentage Quartile 3 (medium to high) Percentage Percentage Percentage Percentage Quartile 4 (high) Percentage Percentage Percentage Percentage Total staff/identified staff Percentage Percentage Percentage Percentage

26

Annex VI – Data quality checks

Investment firms and competent authorities should apply the following data quality checks with regard to Annex II and Annex III.

Annex II:

Row Data quality check

The number of staff reported under the management body columns should be 1 integral numbers.

The total fixed remuneration should be the sum of rows 4 to 10; where identified 3 staff are reported the amount should be > zero.

The total variable remuneration should be the sum of the rows 12, 14, 16, 18, 11 20, 22 and 24.

The total variable remuneration should not be lower than the sum of guaranteed 10 variable remuneration and severance payments in rows 31 and 33.

The sum of deferred remuneration in rows 13, 15, 17, 19, 21, 23 and 25 should - not be higher than the value in row 11.

Ratio of deferred remuneration: the sum of deferred remuneration in rows 13, 15, 17, 19, 21, 23 and 25 should be higher than or equal to 0.4 times the value in row 11 after the deduction the values in rows 31, 34 and 42 (>=0.4 x row11-31-34-42).

Investment firms should consider that this simplified validation rule is for benchmarking purposes only and is not a validation of the compliance with the remuneration requirements regarding guaranteed variable remuneration and - severance payments, i.e. while the full amounts are deducted, parts of the amounts are possibly subject to the requirement to pay out parts of the variable remuneration under deferral arrangements.

This validation rule does not apply to investment firms where all identified staff benefit from the derogation to the requirement to pay out parts of the variable remuneration under deferral arrangements under Article 32(4)(a) of Directive (EU) 2019/2034. Payout in instruments: the sum of rows 14, 16, 18, 2 and 22 should be higher than or equal to 0.5 times the value in row 11 after deducting the values in rows 31, 34 and 42 (>=0.5x(row 11-31-34-42)).

Investment firms should bear in mind that this simplified validation rule is for benchmarking purposes only and is not a validation of compliance with the remuneration requirements regarding guaranteed variable remuneration and

  • - severance payments, i.e. while the full amounts are deducted, parts of the amounts are possibly subject to the requirement to pay out parts of the variable remuneration in instruments.

This validation rule does not apply to investment firms where all identified staff benefit from the derogation from the requirement to pay out parts of the variable remuneration in instruments under Article 32(4)(a) of Directive (EU) 2019/2034. Annex III:

Data quality check

The number of members of the ‘management body’ should equal the number included in row 1 of Annex II.

The sum of staff reported under ‘other senior management’ should be equal to the number reported in row 2 in Annex II for this category.

The sum of sta ff reported under ‘other identified staff’ should be equal to the number reported in row 2 in Annex II for this category.

The number of identified staff for each business area should equal the sum of the number of ‘other senior management’ and the number of ‘other identified staff’ .

The sum of the total remuneration across all business areas should be equal to the sum of the values in row 3 and row 11 in Annex II across all categories of staff.

The sum of the variable remuneration across all business areas should be equal to the sum of the values in row 11 in Annex II across all categories of staff.

The sum of the fixed remuneration across all business areas should be equal to the sum of the values in row 3 of Annex II across all categories of staff.

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements
Source Requirement

3. Related Standards

Standards
Source Requirement
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