Response to consultation Paper on Draft Guidelines on sound remuneration policies under Directive 2013/36/EU
Go back
Where national law foresees diverse categories of gender, persons of this gender category are counted together with the underrepresented male or female gender.
What happens, if in the case that national law foresees diverse categories of gender, these diverse categories of gender are counted together with the underrepresented male or fe-male gender and the new total of the previously underrepresented gender exceeds the number of the previously overrepresented male or female gender?
Are these guidelines on gender neutral remuneration policies a separate document and if so, when are these guidelines expected to be published?
Under which conditions do these remuneration provisions still apply to individual staff members of certain subsidiaries, which are themselves subject to specific remuneration requirements on an individual basis?
Are these guidelines according to Article 94(c)(7) a separate document and if so, when are these guidelines expected to be published?
Question 1: Are the amendments to the subject matter, scope and definitions appropriate and sufficiently clear?
The definition of “underrepresented gender” stipulates:Where national law foresees diverse categories of gender, persons of this gender category are counted together with the underrepresented male or female gender.
What happens, if in the case that national law foresees diverse categories of gender, these diverse categories of gender are counted together with the underrepresented male or fe-male gender and the new total of the previously underrepresented gender exceeds the number of the previously overrepresented male or female gender?
Question 2: Are the amendments regarding gender neutral remuneration policies sufficiently clear?
According to Art. 74 of the CRD, EBA shall issue guidelines, in accordance with Article 16 of Reg-ulation (EU) No 1093/2010, on gender neutral remuneration policies for institutions. Within two years of the date of publication of the guidelines referred to in the second subparagraph and based on the information collected by the competent authorities, EBA shall issue a report on the application of gender neutral remuneration policies by institutions.Are these guidelines on gender neutral remuneration policies a separate document and if so, when are these guidelines expected to be published?
Question 3: Are the guidelines on the application of the requirements in a group context sufficiently clear?
According to Article 109 (5) of the CRD, the remuneration provisions may still apply to individual staff members of certain subsidiaries, that are not themselves subject to the CRD.Under which conditions do these remuneration provisions still apply to individual staff members of certain subsidiaries, which are themselves subject to specific remuneration requirements on an individual basis?
Question 4: Are the guidelines regarding the application of waivers within section 4 sufficiently clear?
According to Article 94(c)(7) EBA shall issue guidelines in accordance with Article 16 of Regula-tion (EU) No 1093/2010, facilitating the implementation of paragraphs 3, 4 and 5 and ensuring their consistent application.Are these guidelines according to Article 94(c)(7) a separate document and if so, when are these guidelines expected to be published?