Legal Framework


Resolution no. 21302 of 16 March 2020

Temporary prohibition of short selling in some shares traded in the MTA Italian regulated market, pursuant to Article 23 of the Regulation (EU) of the European Parliament and of the Council no. 236 of 14 March 2012

LA COMMISSIONE NAZIONALE PER LE SOCIETÀ E LA BORSA

HAVING REGARD TO Law no. 216 of June 7, 1974, as subsequently amended and integrated;

HAVING REGARD TO Regulation (EU) no. 236/2012 of the European Parliament and of the Council of March 14, 2012;

HAVING REGARD TO Article 4-ter(2) of Legislative Decree no. 58 of February 24, 1998, according to which Consob is appointed with the task to implement the measures and exercise the functions and powers provided by Regulation (EU) no. 236/2012 of the European Parliament and of the Council of March 14, 2012 with reference to shares, among others;

HAVING REGARD TO Article 12 of Regulation (EU) no. 236/2012 of the European Parliament and of the Council of March 14, 2012, imposing restrictions on uncovered short sales in shares;

HAVING REGARD TO Article 23 of the above-mentioned Regulation (EU) no. 236/2012, which defines the power to temporarily restrict short selling of financial instruments in case of a fall in price greater than the thresholds set in the same Article;

TAKING INTO ACCOUNT THAT the fall of the shares’ prices included in Attachment no. 1 of this resolution, during March 16, 2020, compared to the closing price on the previous trading day, was greater than the relevant threshold set in Article 23;

CONSIDERING THAT the information background does not fully validate the above-mentioned price fluctuation;

RESOLVES AS FOLLOWS:

1. The prohibition of short selling in shares included in the Attachement no. 1 of this resolution, on the MTA, a regulated market organised and managed by Borsa Italiana S.p.A., under Article 23 of the above-mentioned Regulation, taking effect for the entire trading day of March 17, 2020.

2. It is clarified that, pursuant to Article 23(3), the above-mentioned prohibition does not apply to the activity of market making, as defined by Article 2(1)(k) of the aforementioned Regulation.

This resolution shall be transmitted to ESMA pursuant to Article 23 of the Regulation EU no. 236 2012 and shall be published on the Consob website after the positive conclusion of the procedure provided for in the above-mentioned Article.

This resolution shall take effect as soon as it is published on the Consob website. This resolution shall be transmitted to Borsa Italiana and shall be published on the Consob Bulletin.

THE CHAIRMAN
Paolo Savona

Attachment No 1 – Shares affected by the short selling restriction

ISIN DENOMINATION
IT0003261697 AZIMUT HOLDING
IT0003497168 TELECOM ITALIA
IT0005239360 UNICREDIT
NL0012059018 EXOR
NL0010877643 FIAT CHRYSLER AUTOMOBILES
IT0001031084 BANCA GENERALI
IT0003856405 LEONARDO
IT0003487029 UBI BANCA
IT0000062957 MEDIOBANCA
IT0003365613 FIERA MILANO
IT0003549422 SANLORENZO
IT0004776628 BANCA MEDIOLANUM
IT0001044996 DOVALUE
IT0005010423 CERVED GROUP
IT0005043507 OVS
IT0004931058 MAIRE TECNIMONT
IT0003428445 MARR
IT0001137345 AUTOGRILL
IT0005218752 BANCA MONTE PASCHI SIENA
IT0000084027 ASTM