Consob resolution No. 16645 of October 1, 2008

Measures on short sales of securities aimed at ensuring the orderly conduct of trading and the integrity of the market

THE ITALIAN COMPANIES AND STOCK EXCHANGE COMMISSION (CONSOB)

Having regard to Law 216 of June 7, 1974, as subsequently amended;

Having regard to Article 74, para. 1 and para. 3, of Legislative Decree No. 58 of February 24, 1998, according to which Consob shall supervise regulated markets with the aim of ensuring the transparency of the markets, the orderly conduct of trading and the protection of investors, by adopting, in cases of necessity and as a matter of urgency, all the measures required for the above-mentioned purposes;

Having regard to Article 21, paragraph 1, lett. a) of Legislative Decree No. 58 of February 24, 1998, according to which, in providing investment services and activities and non-core services authorized intermediaries shall act diligently, fairly and transparently in the best interest of the clients and the integrity of the market;

Having regard to Consob Resolution No. 16622 of September 22, 2008 whereby Consob adopted measures setting restrictions on short sale of shares issued by banks and insurance companies with the aim of ensuring the transparency, the orderly conduct of trading and the protection of investors;

Taking into account that, in light of the evolution of the market situation, it is necessary to adopt additional restrictions with reference to short sale of the above-mentioned shares;

R E S O L V E S

1. The sale of shares issued by banks and insurance companies listed and traded on the Italian regulated markets shall be supported, from the moment of the order up and until the date of the settlement of the transaction, by the availability and ownership by the ordering party of the relevant securities.

2. Securities lent or borrowed in whatsoever technical form shall not be deemed available or owned for the purposes of paragraph 1 above.

3. The operators for the clearing and settlement systems shall adopt any and all measures to prevent speculative manoeuvres that may entail an anomalous reduction of the prices of shares issued by banks and insurance companies.

4. These provisions shall not apply to the activity carried out, in the exercise of their own functions, by market makers referred to under Article 1, paragraph 5-quater of Legislative Decree No. 58 of February 24, 1998, nor to the activity carried out in regulated markets, in the exercise of their own functions, by specialists and liquidity providers as defined in the Listing Rules of the regulated markets organised and managed by Borsa Italiana S.p.A.

The provisions of this resolution shall take effects from 2.00 p.m. of October 1, 2008 to 12.00 p.m. of October 31, 2008.

This resolution is published on the web-site and the Bulletin of Consob.

Rome, October 1, 2008

The Chairman
Lamberto Cardia