EBA欧洲银行-EBA-GL-2012-05-GL-5-on-remuneration-data-collection-exercise-_1_18页_563kb

EBA Guidelines on Data Collection Exercise Regarding High Earners

Core Content

The EBA Guidelines (EBA/GL/2012/5) are issued under Article 16 of the EBA Regulation and provide detailed instructions for the data collection exercise on high earners as required by CRD III (Directive 2010/76/EU). The purpose of the exercise is to collect information on the number of individuals earning at least EUR 1 million per year, along with details of their remuneration, from EEA-based institutions. This data is to be aggregated at the Member State level and disclosed by the EBA in a common reporting format.

The guidelines are designed to ensure consistency and comparability of data across the EEA. They specify that data should be collected at the highest EEA consolidation level, excluding non-EEA branches and subsidiaries, and that the reporting entity should be the EEA consolidated parent undertaking.

Main Points and Key Information

1. Scope and Application

• Applicable Institutions: All EEA-based institutions are subject to the data collection exercise.
• Exclusions: Investment firms referred to in Article 20(2) and (3) of Directive 2006/49/EC are excluded unless included in the consolidation scope of another institution.
• Consolidation Level: The data is collected at the EEA consolidated level, which is the highest level of consolidation as defined in the CRD.
• High Earners Definition: Staff earning a total remuneration of at least EUR 1 million per year are considered high earners.

2. Reporting Requirements

• Data Template: Institutions must use the template provided in the Annex to report on high earners.
• Submission Frequency: Data must be submitted annually by the end of June by the institution to the competent authority, and then by the competent authority to the EBA by the end of August.
• Reference Year: The data should relate to remuneration awarded for the performance year preceding the submission year.
• Currency Conversion: The EBA provides an annual conversion rate table to determine the population of high earners whose remuneration is awarded in a currency other than EUR.

3. Classification of High Earners

• High earners are classified based on the Member State where they mainly carry out their professional activities.
• If they work both inside and outside the EEA, they are classified under the Member State where they mainly work within the EEA.
• The "All Other" category should include high earners not allocated to specific business areas and must be accompanied by a footnote explaining their roles.

4. Transitional Arrangements

• The first data submission by competent authorities to the EBA is due by the end of December 2012.
• It should cover remuneration awarded for the 2010 and 2011 performance years.
• Institutions with no high earners in their EEA consolidation scope are not required to submit the data set.

5. Compliance and Notification

• Competent authorities must notify the EBA by 30.09.2012 whether they comply or intend to comply with the guidelines.
• Notifications must be submitted using the form in Section V and sent to compliance@eba.europa.eu.
• The notification should be published on the EBA website as per Article 16 of the EBA Regulation.

Feedback and Consultation

• The guidelines were subject to public consultation, with eleven responses received.
• The main concerns included:
  • Clarification on the scope of application.
  • Level of consolidation.
  • Date of first remittance.
  • Reporting obligations and definitions.
• These concerns were addressed in the final guidelines, including the postponement of the first remittance to December 2012 and clarification on the classification of high earners.

Compliance Confirmation Form

A form is provided for competent authorities to confirm their compliance with the guidelines. It includes:

• Name and position of the contact person.
• Contact details (telephone and email).
• A checkbox to confirm whether the competent authority is authorized to confirm compliance.
• A statement to confirm whether compliance is achieved or intended.
• A section to explain reasons for non-compliance, if any.

Conclusion

The EBA Guidelines on the Data Collection Exercise Regarding High Earners are a key regulatory tool to ensure transparency and consistency in the reporting of remuneration practices across the EEA. They align with the requirements of CRD III and aim to provide aggregated data on high earners to support the review of remuneration schemes and ensure they are aligned with the long-term objectives of financial institutions. The guidelines also incorporate feedback from stakeholders and include transitional arrangements to facilitate implementation.