7. Categories of remuneration
115. Under Directive 2013/36/EU, remuneration is either fixed or variable remuneration; there is no third category of remuneration. Where remuneration is variable and is paid to identified staff, all requirements of Article 94 of CRD have also to be met in addition to the general requirements contained in Article 92 thereof. For that purpose, institutions should allocate in line with these guidelines the components of remuneration to either fixed or variable remuneration and their remuneration policies should set out clear, objective, predetermined and transparent criteria to assign all remuneration components to either the fixed or variable categories in accordance with the criteria provided in Article 92(2)(g) of Directive 2013/36/EU and these guidelines.
116. Where the clear allocation of a component to the fixed remuneration is not possible based on the criteria provided in these guidelines, it should be considered as variable remuneration.
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