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Statement concerning the list of information required for the assessment of the acquisition of a qualifying holding in a CCP (Article 32 of Regulation (EU) No 648/2012) (7 May 2020)

List of information required for the assessment provided for under Article 32 of Regulation (EU) No 648/2012

In accordance with Article 79-sexies, paragraph 6, of the Consolidated Law on Finance, the Bank of Italy and Consob have adopted Annex I of the ‘Joint Guidelines on the prudential assessment of acquisitions and increases of qualifying holdings in the financial sector' – issued by the European Supervisory Authorities on 20 December 2016 and available at https://esas-joint-committee.europa.eu/Publications/Guidelines/JC_QH_GLs_EN.pdf – as the list of minimum information that is necessary to carry out the assessment provided for in Article 32 of Regulation (EU) No 648/2012 (EMIR) with respect to a proposed acquisition of a qualifying holding in a central counterparty. This list of information provides an exhaustive framework for the assessment, harmonized at European level as a result of the aforementioned Guidelines.

This is without prejudice to the Bank of Italy and Consob's right to request further information according to the terms set out in Article 31, paragraph 3, of EMIR.

In order to avoid undue delays in the notification and assessment process of significant or complex transactions and in line with the aforementioned Guidelines, the proposed acquirers are encouraged to engage in pre-notification contacts with the Bank of Italy and Consob.