2023-12-05
Added · Updated
Competent authorities must report diversity benchmarking data collected from credit institutions and investment firms to the European Banking Authority (EBA) on an individual basis every three years, with submissions due by 15 June and a reference date of 31 December of the preceding year. Authorities must define a representative sample of reporting entities comprising at least 10% of institutions in each balance sheet size category (capped between 5 and 50) and at least 10% of investment firms (also capped between 5 and 50), ensuring inclusion of significant institutions and diverse governance structures. The EBA may request sample reviews, and competent authorities must notify selected entities of their inclusion by 31 January while submitting the sample composition to the EBA by 30 November of the prior year.
EBA published 1 document in the last 30 days — get each new one by email the day it lands.
EBA Regular Use
Decision of the European Banking
Authority EBA/DC/516 of 5 December 2023 concerning supervisory reporting for diversity benchmarking to the EBA and amendment of the Annex to EUCLID Decision (EBA/DC/2020/335) The Board of Supervisors Having regard to Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC 1 (the ‘EBA Regulation’ and ‘the EBA’), in particular Article 35 thereof, Whereas:
(1) Article 91(11) of Directive 2013/36/EU
(CRD), requires competent authorities to collect the information disclosed according to Article 435(2)c of Regulation (EU) No 575/2013 3 (CRR) to benchmark diversity practices. Article 91(11) CRD also requires competent authorities to provide the EBA with the above information, so that the EBA can use it to benchmark diversity practices at Union Level. The same diversity requirements apply in relation to investment firms, as set out in
Article 9 of Directive 2014/65/EU 4
(MiFID). The competent authorities are also mandated to collect information on the gender pay gap of members of the management body under Article 75(1) of the CRD and Article 34(1) of Directive (EU) 2019/2034 5 (IFD) and to provide the EBA with that information in order to benchmark remuneration trends and practices at Union level. 1 OJ L 331, 15.12.2010, p. 12–47. 2 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC, OJ L 177, 30.6.2006, p. 201–255. Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012, OJ L 201, 27.7.2012, p. 1–59. 4 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 174, 1.7.2011, p. 1–73. 5 Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU, OJ L 173, 12.6.2014, p. 349–496.
DECISION ON SUPERVISORY REPORTING FOR DIVERSITY BENCHMARKING TO THE EBA AND AMENDMENT OF THE ANNEX TO EUCLID DECISION (3) Since 2015, the data collection for the benchmarking of diversity in the management body of institutions and investment firms has been conducted three times, based on requests for information under Article 35(1) of the EBA Regulation, and has shown the need to have a stable framework in place to ensure that data are reported regularly in order to benchmark diversity practices over time, with the best possible data quality and managed in the most efficient way within the EBA’s reporting platform (EUCLID). (4) Following the adoption of the EBA Guidelines on the benchmarking of diversity practices 6 EBA/GL/2023/08, there is a need to provide common criteria for competent authorities to determine the composition of the sample of reporting credit institutions and investment firms. This is necessary to ensure representativeness of the sample across Member States and its capacity to reflect different market practices, while also ensuring proportionality in respect of the number of institutions in a certain Member State and consistency over time. (5) To achieve the best possible data quality and consistency of data submitted to the EBA and the European Central Bank (ECB), to avoid duplication of reporting requirements and ensure a proportionate approach within the banking union, a sequential approach should be encouraged in accordance with this Decision and the EUCLID Decision. Has decided as follows:
Article 1 – Data to be reported
DECISION ON SUPERVISORY REPORTING FOR DIVERSITY BENCHMARKING TO THE EBA AND AMENDMENT OF THE ANNEX TO EUCLID DECISION
4. The EBA shall publish the list of Reporting entities covered by each benchmarking exercise on
its website.
5. The sample of Reporting entities shall be representative for the financial market in the Member
State and shall contain Reporting entities of different nature, size and complexity. In addition, the sample shall comply with the following criteria:
a) Credit institutions of different sizes (based on the balance sheet total at the end of the preceding financial year) shall be appropriately represented in accordance with the following:
i. All credit institutions in the jurisdiction shall be classified, based on the
balance sheet total at the end of the last financial year, into the following categories: <EUR 1 bn; EUR 1 bn to <10 bn; EUR 10 bn to <30 bn; EUR 30 bn and above;
ii. At least 10% of the total number of credit institutions in each size category
from among those referred to in point (i) shall be included. Where in a size category that percentage results in less than 5 credit institutions, a minimum of 5 shall be included; where it results in more than 50 credit institutions, a maximum of 50 shall be included; b) At least 10% of the total number of investment firms in the jurisdiction shall be included. Where that percentage results in less than 5 investment firms, a minimum of 5 shall be included. Whereas, where it results in more than 50 investment firms, a maximum of 50 shall be included; c) At least 5 Reporting entities that constitute significant institutions in accordance with the definition referred to in the EBA GL on diversity benchmarking shall be included; d) Changes to the sample should be avoided as much as possible to ensure that the sample remains stable, e.g. Data shall be collected over time from the same Reporting entities; where Reporting entities are merged or no longer exist, those Reporting entities shall be replaced by others that meet the criteria of this provision in order to keep the size of the sample stable; e) Reporting entities of a different nature and, where applicable, different governance system (unitary board system (1-tier system) or a dual board system (2-tier system)) shall be represented; f) Where the minimum number of credit institutions or investment firms referred to in points (a)(ii), (b) and (c) cannot be met as there is an insufficient number in the respective Member State, the Data shall be collected from all credit institutions or investment firms in that category.
DECISION ON SUPERVISORY REPORTING FOR DIVERSITY BENCHMARKING TO THE EBA AND AMENDMENT OF THE ANNEX TO EUCLID DECISION
Article 3 – Submission and reference dates
Note from RegAlert. AI assistants can read this document in full, and search 70,000+ more, through the RegAlert MCP connector (https://mcp.regalert.today/mcp). Free with an account. How to connect ChatGPT, Claude or Cursor.
Source: European Banking Authority — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
More like this from EBA
EBA published 1 document in the last 30 days. We email you each new one the day it's published.