EBA欧洲银行-BSG-response-to-Consultation-Paper-28EBA-CP-2015-03294-June-2015_9页_478kb

报告摘要

EBA Banking Stakeholder Group Summary on Consultation CP/2015/03

Core Content

The EBA Banking Stakeholder Group (BSG) has responded to the EBA's consultation on draft guidelines regarding sound remuneration policies under Directive 2013/36/EU and disclosures under Regulation (EU) No 575/2013. The consultation aims to enhance remuneration practices in the banking sector to promote sound risk management and align the interests of senior management and risk takers with those of shareholders and customers.

Main Recommendations

The BSG has made several key recommendations to improve the guidelines:

Alignment with Customer Interests: Remuneration policies should be aligned with the interests of customers and designed to prevent and mitigate conduct risk. Remuneration committees must assess whistleblowing arrangements and be provided with all relevant information.
Transparency for Shareholders: Shareholders should be given full details of the metrics used to determine variable remuneration and the performance against those metrics. Independent reviews of remuneration policies should be published and shared with shareholders.
Proportionality Principle: The principle of proportionality should be applied, allowing for neutralisations in appropriate circumstances. This includes considering the size, structure, and activities of the institution when applying remuneration rules.
Discretionary Pension Payments: Discretionary pension payments made as part of severance should be classified as variable remuneration and subject to the bonus cap.
Incentives for Unethical Conduct: Staff who preside over or fail to prevent unethical or non-compliant behavior should face significant reductions in variable remuneration. Participation in such behavior should result in full clawback of variable remuneration.
Retention Requirements: Retention requirements should remain in place even if an employee leaves the institution.
Collective Bargaining: The BSG emphasizes that the principle of proportionality should not hinder collective bargaining, especially for middle management not directly involved in risk-taking.

Key Points on Proportionality

The BSG argues that the proportionality principle is clearly embedded in CRD IV, including Recital 66 and Article 92(2), which allow for flexibility in applying remuneration policies based on the size and complexity of institutions.
They highlight that the principle of proportionality is not new and has been part of EU remuneration policies since CRD III.
The BSG warns against overly broad interpretations of the guidelines, as seen in a Belgian case where all professional and managerial staff were subject to clawback procedures, which created an excessive administrative burden for small institutions.

Additional Suggestions

Identification of Staff: The guidelines should clearly reference the RTS on identification criteria (Commission Delegated Regulation (EU) N° 604/2014) for better clarity.
Risk Alignment Process: The process should include both quantitative and qualitative risk adjustments, especially when there are misconduct-related costs or customer redress issues. Transparency should be directed at shareholders.
Deferral and Instruments: The guidelines should clarify the timing of pro-rata vesting and whether a five-year deferral period applies to all variable remuneration. Listed institutions should estimate the impact and costs of implementing these requirements.
Ex Post Adjustments: Ex post risk adjustments should apply in cases where lack of oversight leads to regulatory sanctions or significant litigation provisions.
Government Support: Any exceptional government support to an institution should result in a significant malus and clawback of variable remuneration.

Conclusion

The BSG supports the application of sound remuneration policies but stresses the need for flexibility and proportionality. They believe that the guidelines should be clear, comprehensive, and take into account the diversity of banking institutions and their activities. The group also highlights the importance of transparency and accountability in remuneration practices, especially in relation to unethical behavior and misconduct.

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