1 min readWarningEBA reporting framework 4.2Updated 10 November 2026

Derogations on a firm wide basis cannot be negative (EBA rule v12147_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 on a firm wide basis under Article 94(3)(a) of the CRD cannot be negative.

EBA checks it for 14 rows, from number of identified staff benefitting from the above derogation (0040) to fixed remuneration (0210). That makes 14 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 on a firm wide basis under Art. 94(3)(a) CRD: Total remuneration of identified staff benefitting from the above derogation >= 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

  • 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
  • 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

  • 0010Derogations on a firm wide basis under Art. 94(3)(a) CRD

A worked example

The first of its checks, with simple numbers.

What the rule then expects

Total remuneration of identified staff benefitting from the above derogation, derogations on a firm wide basis under Article 94(3)(a) 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,r0140,c0010,} >= 0

The next five:

{R_05.00,r0070,c0010,} >= 0{R_05.00,r0040,c0010,} >= 0{R_05.00,r0160,c0010,} >= 0{R_05.00,r0120,c0010,} >= 0{R_05.00,r0150,c0010,} >= 0

And 8 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.