This Directive is aimed at ensuring the application of the principle of equal opportunities between women and men and achieving a gender-balanced representation among top management positions by establishing a set of procedural requirements concerning the selection of candidates for appointment or election to director positions based on transparency and merit.
Member States will have to ensure that listed companies achieve the objective of having boards on which members of the underrepresented sex hold at least 40 % of non-executive director positions by 30 June 2026 or, alternatively, since it is important that listed companies increase the proportion of the underrepresented sex in all decision-making positions, to the objective of having boards on which members of the underrepresented sex hold at least 33 % of all director positions by 30 June 2026, regardless of whether they are executive or non-executive, with a view to promoting a more balanced gender representation among all directors.
Listed companies should publish such information in an appropriate and easily accessible manner on their websites and include it in their annual reports.
This Directive should not apply to micro, small and medium-sized enterprises (SMEs).
The requirements relating to the selection of candidates for appointment or election to director positions, the obligation to set a quantitative objective in relation to executive directors and reporting obligations should be enforced by penalties which are effective, proportionate and dissuasive, and Member States should ensure that adequate administrative or judicial procedures are available for that purpose. Such penalties can include fines or the possibility for a judicial body to annul a decision concerning the selection of directors or to declare it null and void.
Member States will be required to implement the legislation within two years.
Through these Guidelines EBA aims to ensure that customers, especially the most vulnerable ones, are not denied access to financial services without valid reason.
The consultation will end on 6 February 2023.