List of Q&As

Grandfathering of own funds instruments

Will preference shares issued in 2009 subscribed by the government and currently accepted as Core Tier 1 qualify for grandfathering of State aid?

Legal act: Regulation (EU) No 575/2013 (CRR) as amended

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2013_12| Topic: Own funds| Date of submission: 03/07/2013

Scope of the institutions subject to the data collection

This Q&A deals with the scope of application for the information collection foreseen by Article 75 (3) of Directive 2013/36/EU specified by EBA Guidelines on the Data Collection Exercise Regarding High Earners (EBA/GL/2012/5 of 27 July 2012). Should data also be collected from EEA Branches of non-EEA institutions?

Legal act: Directive 2013/36/EU (CRD) as amended

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2013_7| Topic: Remuneration| Date of submission: 03/07/2013

Definition of amounts to be reported

This Q&A deals with the definition of amounts to be reported for the information collection foreseen by Article 75 (1) of Directive 2013/36/EU as set out by templates in annexes I and II of the EBA Guidelines on the Remuneration Benchmarking Exercise (EBA/GL/2012/4 of 27 July 2012). Some clarifications have been asked how to fill in certain fields of the Annex regarding: (a) Field: "total variable remuneration": (b) Field: "total amount of variable remuneration deferred in year N": (c) Field: "amount of explicit ex post performance adjustment applied in year N for remuneration awarded in previous years":

Legal act: Directive 2013/36/EU (CRD) as amended

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2013_6| Topic: Remuneration| Date of submission: 03/07/2013

Definition of retail and investment banking for information collection

This Q&A clarifies the definition of retail and investment banking for the information collection foreseen by Article 75 (1) of Directive 2013/36/EU as set out in the Templates of Annexes I and II of the EBA Guidelines on the Remuneration Benchmarking Exercise (EBA/GL/2012/4 of 27 July 2012). It is not clear if wholesale lending should be included in retail lending or in the investment banking business. Could you specify more the activities included in the investment banking business area?

Legal act: Directive 2013/36/EU (CRD) as amended

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2013_5| Topic: Remuneration| Date of submission: 03/07/2013

Frequency of reporting, submission dates, reference year for information collection

This Q&A deals with the currency exchange rates of the information collection foreseen by Article 75 (1) of Directive 2013/36/EU specified by paragraph 5 of the EBA Guidelines on the Remuneration Benchmarking Exercise (EBA/GL/2012/4 of 27 July 2012). What currency is to be used for bonuses paid during the year of submission of the information and are monthly currency exchange rates applicable for the conversion?

Legal act: Directive 2013/36/EU (CRD) as amended

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2013_4| Topic: Remuneration| Date of submission: 03/07/2013

Frequency of reporting, submission dates, reference year for information collection

This Q&A deals with the reference year of the information collection foreseen by Article 75 (1) of Directive 2013/36/EU specified by paragraph 5.3 of the EBA Guidelines on the Remuneration Benchmarking Exercise (EBA/GL/2012/4 of 27 July 2012). How should “accounting year end numbers” be interpreted in the context of bonuses (as variable remuneration) paid during the year of submission of the information for performance during the preceding year?

Legal act: Directive 2013/36/EU (CRD) as amended

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2013_3| Topic: Remuneration| Date of submission: 03/07/2013

Scope of consolidation of information collection

This Q&A deals with the scope of consolidation for the information collection foreseen by Article 75 (1) of Directive 2013/36/EU specified by the EBA Guidelines on the Remuneration Benchmarking Exercise (EBA/GL/2012/4 of 27 July 2012). According to paragraph 3 of the EBA Guidelines institutions should provide data at the highest level of consolidation as set out in Directive 2006/48/EC (replaced by Directive 2013/36/EU). Shall data be provided only for bank and investment firms, including branches and subsidiaries which are banks and investment firms, or for all entities, for example, leasing companies, included in the scope of consolidation at bank level?

Legal act: Directive 2013/36/EU (CRD) as amended

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2013_2| Topic: Remuneration| Date of submission: 03/07/2013

Scope of institutions subject to the data collection

This Q&A deals with the scope of the institutions subject to the information collection foreseen by Article 75 (1) of Directive 2013/36/EU are specified by the EBA Guidelines on the Remuneration Benchmarking Exercise (EBA/GL/2012/4 of 27 July 2012). According to paragraph 2.1 of the EBA Guidelines the list of institutions to participate in the exercise, should be selected applying one of the two criteria (a) the institutions should represent 60% of the total banking sector or (b) by selecting the 20 largest institutions from the banking sector. Regardless of the chosen criteria the list will comprise institutions that have parent banks and whose data will be reported on a consolidated level by the home authority. This can lead to situations where data for institutions within one member state are only provided within the data for a banking group and no national benchmark can be calculated. Which data shall be provided to EBA?

Legal act: Directive 2013/36/EU (CRD) as amended

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2013_1| Topic: Remuneration| Date of submission: 03/07/2013