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5.5. Regulatory
compliance of guidelines
and recommendations
The level of compliance with EBA guidelines
and recommendations remained high during
2012. No case of non-compliance was report-
ed, while there were only six cases of partial
compliance, as follows:
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With regard to GL 2012/03 on Incremental
Default and Migration Risk Charge, Banca
d’Italia notified the EBA that it will defer its
compliance with permanent partial use and
IRC approaches based on different param-
eters until adoption of the CRD IV, due to
constraints in Italy’s current domestic regu-
lation.
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With regard to GL 2012/04 on Remuneration
Benchmarking Exercise and GL 2012/05 on
Data Collection Exercise for High Earners,
the Polish Financial Supervision Author-
ity notified the EBA that it will not apply the
guidelines as regards data collection for past
data, i.e. 2010 and 2011, but will submit data
for 2012 onwards.
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With regard to GL 2012/06 on the assess-
ment of the Members of the management
body and key function holders’ suitability,
Banca d’Italia and the Central Bank of Slo-
vakia notified the EBA that they will defer
implementation of the guidelines until the
national implementation of the CRDIV. Fur-
thermore, the Swedish Financial Supervi-
sory Authority notified the EBA that it will
not comply with points 6.3, 15.1 and 15.3 of
the guidelines on the collective suitability of
the members of the management body. An
appropriate composition of the board will be
required within CRD IV and will, therefore,
form part of the future national legislation.
5.6. Statistics
on disclosure
In 2012 two formal public access to documents
requests were lodged at the EBA pursuant to
Regulation (EU) No 1049/2001.