Clarification regarding the reference year for the purpose of the remuneration data to be collected by Competent authorities

Article 75(3) of Directive 2013/36/EU (CRD) requires competent authorities to collect information on the number of natural persons, per institution, who are remunerated EUR 1 million or more per financial year ( 26). Paragraph 5.3 of the EBA/GL/2014/07 specifies that data reported should relate to remuneration awarded to staff for the performance year preceding the year in which the information is submitted. Therefore according to  paragraph 5.3 of the guidelines in line with Article 75 (3) CRD, data should comprise fixed remuneration awarded for and usually paid in the performance year preceding the submission of the information and variable remuneration for this preceding performance year which is usually awarded in the year of submission of the data: e.g., in the year 2015 for the reporting entities with a December year end, the fixed remuneration for 2014 and the variable remuneration related to performance in 2014, which is awarded in 2015, are to be submitted. The total fixed remuneration should include the fixed remuneration paid in cash and any other monetary and non-monetary benefit that is considered to be fixed remuneration in line with the EBA Guidelines on sound remuneration policies (EBA/GL/2015/22). Such other benefits, including non-monetary benefits, should be reported as part of the cash component except for the other benefits awarded in instruments (shares, equivalent ownership rights or share link and equivalent instruments or instruments under the Commission Delegated Regulation (EU) No 527/2014 - RTS on instruments) which are reported accordingly. The total variable remuneration should include the variable remuneration awarded in cash, instruments and any other monetary and non-monetary benefit that is considered to be variable remuneration in line with the EBA guidelines on sound remuneration policies. Such other benefits, including non-monetary benefits, should be reported as part of the cash component except for the other benefits awarded in instruments (shares, equivalent ownership rights or share link and equivalent instruments or instruments under the RTS on instruments) which are reported accordingly. The total variable remuneration reported should include the total amount of guaranteed variable remuneration, severance payments, discretionary pension benefits and the total amount for the full accrual period of variable remuneration awarded for multi- year periods under programmes which are not revolved annually. All these specific remuneration components are reported also with the amount included in the total variable remuneration within the additional information on variable remuneration. The same applies for the disclosure requirements. Where the financial year is not the calendar year the same principle applies.