One of our client is having some trouble reporting the diversity benchmarking for two reasons :
a_ Validation v22547_a
The validation v22547 only allows the value (ZZ:x784) Yes & (ZZ:x785) No to be entered on the row r0020 of report R1900 where the annotated templates allows additionaly the value Not applicable.
Our client thinks it's incorrect as the value Not applicable should be possible.
"We can see that the cells provide a dropdown menu with 3 options, and it is specified that we have [The regions where the institution or investment firm is active (subsidiary/branch/cross-border basis with material business activities) should be selected (Yes/No). For the categories of executive or non-executive directors it should be indicated (yes/no/non-applicable) if at least one director has one of their geographical provenances, that spans at least a period of three years, from the corresponding region. Non applicable should only be selected, where there are no non-executive directors in the case of investment firms or employee representatives. Where the actual location a member gained geographical provenance is in more than one of the specified regions, the member should be allocated to the most relevant regions on a best effort basis (e.g. a Member that lived in Istanbul may select Europe, Asia or both regions) ]
Can you help us answering the client on the fact that the value "Not applicable" should or not be used on the row 0020.
b_ Validation v22587_m
On report R22.02 our client has only define a target for Non executive director, so it as has filled :
Report R2202 the following way :
Executive directors
Non-executive directors
0010
0020
Target % set in percentage (two digits e.g. 33.33%) in the diversity policy, including in cases where this is applicable under national law
0010
40,0000
Target expressed as minimum headcount in the diversity policy (number of members)
0020
Compliance with internal policy: Has the target been met at the reference date?
0030
Yes
And as set in the report R2201 that the "Targets set only for the management body in the supervisory function (non-executive directors)"
SCOPE: For which scope of members of the management body are gender diversity targets set? (please select from drop down menu)
0130
Targets set only for the management body in the supervisory function (non-executive directors)
By filling the report like this it triggers the validation V22587 indeed this validation will always be trigered where Report R2201 and R2202 are filled and when value in R0022.020 in R0010 C0010 is different that R0022.020 in R0010 C0020 and when the value in R2201 R0130 <> Different targets set for the management and supervisory function of the management body
As in our case the target has only be set for the Non exucitive director we think it 's correct to use the value "Targets set only for the management body in the supervisory function (non-executive directors)" in report R2201, and to fill only the column 0020 in report R2202 but by doing that we will have a different value between R0022.020 in R0010 C0010 is different that R0022.020 in R0010 C0020 causing an unexpected anomaly. Can you please investigate if the the control is correct?
- Legal act: Directive 2013/36/EU (CRD)
- COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2023/08 - Guidelines on the benchmarking of diversity practices, including diversity policies and gender pay gap
