1. Sample of institutions and investment firms to be included in the diversity benchmarking exercise

Competent authorities should collect and submit to the EBA data on diversity practices, including on diversity policies and gender pay gap at the level of the management body for a representative sample of institutions and investment firms within the Member State on an individual basis as specified in the annexes published separately.

The sample should consist of institutions subject to Directive 2013/36/EU and investment firms that are either subject to the requirements on governance under Article 91 of Directive 2013/36/EU, in accordance with Article 1(2) or (5) of Regulation (EU) 2019/2033 (Class 1), or subject to Article 26 of Directive (EU) 2019/2034 (Class 2). The sample may include more than one institution or investment firm within a group, in particular, when they are located in different Member States. Competent authorities should not add investment firms to the sample where they have provided authorisation to the investment firm managed by a single natural person under Article 9(6) of Directive 2014/65/EU.

The EBA will approach competent authorities in good time before each data collection exercise and provide further information on how to determine the sample of institutions and investment

12 firms for which data should be collected. Following the request, competent authorities should inform the EBA about the list of institutions and investment firms that they intend to include in the diversity practices benchmarking exercise, within the timeline provided by the EBA.

Competent authorities should inform institutions and investment firms that form part of the sample in good time before the data collection, and at least 3 months before the submission of data is requested.