Instruction No. 2022-I-21 of 9 December 2022 on the collection of information on high remuneration for entities subject to Regulation (EU) 575/2013 and Regulation (EU) 2019/2033

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2022-I-21 on the collection of information on high remuneration for entities subject to Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and to Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on prudential requirements for investment firms

The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code, in particular Articles L. 511-87, L. 533-30, L. 612-24 and R. 511-18; Having regard to Regulation (EU) 2019/2033 and Regulation (EU) 575/2013; Having regard to the opinion of the Prudential Affairs Advisory Committee of 29 November 2022, DECIDES

Article 1
Establishments and Investment Firms Subject to This Instruction The following are subject to this instruction:
1.1. For the reporting form in Annex 1, all credit institutions, financial holding companies, and mixed financial holding companies.
1.2. For the reporting form in Annex 2, all investment firms, parent investment firms, investment holding companies, and mixed financial holding companies subject to Articles 25 and 34 of Directive (EU) 2019/2034.
1.3. Financing companies are excluded from this exercise, unless they are included in the consolidation scope of a credit institution or investment firm subject to this data collection.

Article 2
Scope of Reporting
2.1. For the reporting form in Annex 1, the reporting is performed at the highest level of consolidation in France, on a consolidated or individual basis, as applicable, covering all subsidiaries and branches of the establishment concerned.
2.2. For the reporting form in Annex 2, the reporting is performed at the highest level of consolidation in France, on a consolidated or individual basis, as applicable, covering all subsidiaries and branches of the investment firm concerned.
2.3. Data from subsidiaries and branches outside the European Economic Area are excluded from this exercise.

Article 3
Information to Be Transmitted
3.1. The reporting forms provided in Annexes 1 and 2 are completed by the establishments and investment firms mentioned in Article 1. Establishments and investment firms transmit data covering all personnel (employees and corporate officers).
3.2. Subject establishments submit the information to the General Secretariat of the Prudential Control and Resolution Authority using year-end accounting data expressed in euros.

Article 4
Specifications on Submissions
4.1. The establishments and investment firms referred to in Article 1 must transmit data on high-income persons for each Member State where high-income persons are located and for each remuneration bracket of one million euros. Each high-income person must be assigned to the corresponding remuneration bracket based on the total remuneration awarded to the staff member for the financial year.
One report is submitted per one-million-euro remuneration bracket.
4.2. Data are submitted in a separate report for each Member State in which the group operates and where staff members whose remuneration exceeds one million euros work.
4.3. Data concerning staff members whose remuneration exceeds one million euros who perform professional activities for legal entities present in different States party to the Agreement on the European Economic Area (for example, both for the parent company and at the subsidiary level, when the subsidiary is established in another State of the European Economic Area) or who perform professional activities in a branch located in a host State of the European Economic Area must be reported in the specific report for the State party to the Agreement on the European Economic Area where they primarily perform their professional activities.
Data concerning staff members performing professional activities both inside and outside the European Economic Area must be reported in the specific report for the State party to the European Economic Area if they primarily perform their professional activities within the European Economic Area. One reporting form is submitted per one-million-euro remuneration bracket.
4.4. Establishments that publish their annual accounts in a currency other than the euro must use the conversion table provided by the European Banking Authority for identifying staff members receiving remuneration exceeding one million euros when the remuneration is paid in a currency other than the euro. Otherwise, they may use internal exchange rates.
4.5. Establishments whose staff members do not receive remuneration exceeding one million euros within their reporting scope must indicate this to the ACPR by transmitting a nil return via electronic transmission in XBRL format.

Article 5
Frequency of Data Collection and Submission Date
5.1. Data must be transmitted once a year before 15 June, via electronic transmission in XBRL format. The forms are transmitted according to the technical specifications necessary for their processing by the General Secretariat of the Prudential Control and Resolution Authority. They must bear an electronic signature.

Article 6
This instruction enters into force the day following its publication.
Paris, 9 December 2022
The Designated President,
[Denis BEAU]