Instruction No. 2022-I-19 of December 9, 2022 on the collection of remuneration information for entities subject to Regulation EU/575/2013

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2022-I-19 on the collection of information on remuneration for entities subject to Regulation EU/575/2013 and repealing Instruction No. 2014-I-13 dated September 29, 2014 and Instruction No. 2016-I-27 of December 20, 2016

The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code, particularly Articles L. 511-87 and L. 612-24; Having regard to Regulation EU 575/2013; Having regard to the opinion of the Prudential Affairs Consultative Committee of November 29, 2022, DECIDES

Article 1

• Subject Entities
  The following entities are subject to this instruction:

1.1. For the submission of Annexes 1 to 3: credit institutions, financial holding companies, and mixed financial holding companies. Investment firms, asset managers, and financing companies are excluded from this exercise, unless they are included in the consolidation scope of an entity subject to this data collection.

1.2. For the submission of Annex 4: all credit institutions, financial holding companies, and mixed financial holding companies that employ more than fifty people. Credit institutions meeting the criteria of paragraph 1, Article 4, point 145 of Regulation (EU) 575/2013 and financing companies are excluded from this submission.

1.3. For the submission of Annex 5: all credit institutions, financial holding companies, and mixed financial holding companies. Financing companies are excluded from this submission.

Article 2 - Scope of Submission

2.1. For the submission of Annexes 1 to 3, the submission is made at the highest level of consolidation in France, on a consolidated or individual basis as applicable, covering all subsidiaries and branches of the concerned entity.

2.2. For the submission of Annex 4, the submission is made at the highest level of consolidation in France, on a consolidated or individual basis as applicable, covering all subsidiaries and branches of the concerned entity.

2.3. Credit institutions, financial holding companies, and mixed financial holding companies with a balance sheet size less than or equal to 5 billion euros and employing fewer than 400 people are not subject to the submission of Annex 4.

2.4. For the submission of Annex 5, the submission is made on an individual basis.

Article 3 - Information to be Transmitted

3.1. The submission forms for Annexes 1 to 3 are completed by the entities mentioned in Article 1.1. The entities transmit data covering all personnel members (employees and corporate officers).

3.2. For the submission of Annexes 1 to 3, the subject entities submit the information to the General Secretariat of the Prudential Control and Resolution Authority using year-end accounting data expressed in euros.

3.3. For the submission of Annex 4, the gender pay gap is calculated on a social basis as the difference between the average remuneration of men and women, expressed as a percentage of the average remuneration of men. Entities should measure this gap based on the gross annual remuneration of personnel, on a full-time equivalent basis. Entities calculate the gender pay gap by taking into account the total remuneration awarded as well as working time arrangements, annual leave periods, and other benefits, financial or non-financial, while taking into account the provisions of the following paragraph.

3.4. For the submission of Annex 4, entities with at least 250 personnel members calculate the gender pay gap for each quartile of their total remuneration, as well as in total. Entities with fewer than 250 personnel members transmit only data relating to the gender pay gap based on total amounts for all personnel.

3.5. For the submission of Annex 4, entities whose identified personnel counts at least 250 members should calculate the gender pay gap for each quartile of their total remuneration, as well as in total. Entities whose identified personnel counts fewer than 250 members should only transmit data relating to the gender pay gap based on total amounts for the identified personnel.

3.6. For the submission of Annex 5, subject entities transmit data on decisions authorizing the application of a ratio greater than 100% between the fixed and variable components of remuneration.

Article 4 - Frequency of Data Collection and Submission Date

4.1. The submission forms for Annexes 1 to 3 must be submitted annually no later than June 15 of the current year.

4.2. The submission forms for Annex 4 must be submitted every three years no later than June 15 of the current year, starting from 2024 for the 2023 exercise.

4.3. The submission forms for Annex 5 must be submitted every two years no later than June 15 of the current year, starting from 2023 for the 2022 exercise.

4.4. Data must be transmitted by 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 are accompanied by an electronic signature.

Article 5
This instruction repeals Instruction No. 2014-I-13 and Instruction No. 2016-I-27 and enters into force the day following its publication. References to the repealed Instructions No. 2014-I-13 and No. 2016-I-27 contained in other instructions shall be understood as references to this instruction.

Paris, December 9, 2022
The Designated President,
Denis BEAU