2 min readWarningEBA reporting framework 4.2Updated 10 November 2026

Derogations for identified staff cannot be negative (EBA rule v12146_s)

A warning in the remuneration benchmarking, credit institutions return (REM benchmarking), on template R 05.00, derogations from the application of requirements to pay out parts of variable remuneration deferred and in instruments under Directive 2013/36/EU (CRD).

The rule in plain words

Derogations for identified staff under Article 94(3)(b) of the CRD cannot be negative.

EBA checks it for 16 rows, from where the institution applies the derogation under 94 (1)(l) CRD, but with a lower threshold as implemented under national law, please indic (0030) to fixed remuneration (0210). That makes 16 checks. A failure names the one that failed.

How the Line4 Check report words itShow

The first of its checks, word for word as the report shows it when it fails. The others read the same, with their own column, row or sheet.

Derogations for identified staff under Art. 94(3)(b) CRD: Where the institution applies the above derogation, but with a lower threshold as implemented under national law, please indicate the thresh >= 0

What to do if your filing fails it

  1. 01Open the template below and find the cells the rule reads.
  2. 02Look for a value with the wrong sign in these cells, such as an amount entered as a negative number.
  3. 03EBA compares the values exactly here: there is no rounding tolerance.
  4. 04It runs only when your filing indicators mark R 05.00 as reported.
  5. 05This is a warning. It does not stop the filing on its own, but your authority may ask you to explain it.

The cells it reads

Derogations from the application of requirements to pay out parts of variable remuneration deferred and in instruments under Directive 2013/36/EU (CRD) (R 05.00)

Rows

  • 0030Where the institution applies the derogation under 94 (1)(l) CRD, but with a lower threshold as implemented under national law, please indic
  • 0040Number of identified staff benefitting from the above derogation
  • 0060Percentage of identified staff benefitting from the above derogation
  • 0070Total remuneration of identified staff benefitting from the above derogation
  • 0080Of which: variable remuneration
  • 0090Of which: fixed remuneration
  • 0110Where the institution applies the above derogation, but with a lower threshold as implemented under national law, please indicate the thresh
  • 0120Number of identified staff benefitting from the above derogation
  • 0130Percentage of identified staff benefitting from the above derogation
  • 0140Total remuneration of identified staff benefitting from the above derogation
  • 0150Of which: variable remuneration
  • 0160Of which: fixed remuneration
  • 0180Number of identified staff benefitting from the above derogation
  • 0190Total remuneration of identified staff benefitting from the above derogation
  • 0200Of which: variable remuneration
  • 0210Of which: fixed remuneration

Column

  • 0020Derogations for identified staff under Art. 94(3)(b) CRD

A worked example

The first of its checks, with simple numbers.

What the rule then expects

Where the institution applies the above derogation, but with a lower threshold as implemented under national law, please indicate the thresh, derogations for identified staff under Article 94(3)(b) of the CRD must then be at least 0.

0Passes
-100Fails

A file that reports 0 passes. One that reports -100 fails, by 100.

The numbers are illustrative.

Show the rule as writtenShow

EBA's formula, as written out for the first of its checks. Cells are written as {template, row, column, sheet}.

{R_05.00,r0110,c0020,} >= 0

The next five:

{R_05.00,r0210,c0020,} >= 0{R_05.00,r0060,c0020,} >= 0{R_05.00,r0130,c0020,} >= 0{R_05.00,r0180,c0020,} >= 0{R_05.00,r0200,c0020,} >= 0

And 10 more, the same formula for the other cells it covers.

Every REM benchmarking rule, by template

Checks like this one, run at the point of submission, are the first step to real-time supervision.