The General Board of the European Systemic Risk Board decided that the ESRB Recommendation on the restriction of distributions during the COVID-19 pandemic should lapse at the end of September 2021.

At the same time, the General Board highlighted that this decision reconfirmed the need for financial institutions to remain prudent when deciding on distributions.

Published in the Official Journal of the European Union on 4 October 2021 the Commission Implementing Decision (EU) 2021/1753 on the equivalence of supervisory and regulatory requirements of certain third countries and territories for the purposes of the treatment of exposures under Regulation (EU) No 575/2013 (CRR) as amended by Regulation (EU)2019/876 (CRR II).

In particular, the Decision identifies whether or not a third country applies supervisory and regulatory prudential requirements that are at least equivalent to those applicable in the Union for the purposes of determining the treatment of exposures under Part Four of Regulation (EU) No 575/2013.

The Decision identifies a list of third countries and territories where supervisory and regulatory prudential requirements are considered equivalent to those applied in the Union for the purposes of art. 391 of that Regulation.

Published in the Official Journal of the European Union on 4 October 2021, the Implementing Regulation (EU) 2021/1751 laying down implementing technical standards (ITS) for the application of Directive 2014/59/EU (BRRD) with regard to uniform formats and templates for notifications of determination of the impracticability of including contractual recognition of write down and conversion powers.

Uniform formats and templates for notification of a determination of impracticability of contractual recognition should be drafted in a way that ensures a significant and uniform assessment of the determination by resolution authorities across the Union.

In order to improve their quality and ensure their comparability, the data in the notification templates should comply with the single data point template. The use of the single data point template is a widespread practice in supervisory reporting. The single data point template should consist of a structural representation of the data and identify all relevant business concepts for uniform notification of the determination of impracticability of contractual recognition.

Consob has communicated its intention to comply with the ESMA Guidelines on marketing communications under Regulation (EU) 2019/1156 on cross-border fund distribution.

In particular, the Guidelines provide operational guidance on the criteria for drafting marketing communications, having regard to general criteria, as well as the representation of information regarding costs, risks, past and expected returns and sustainability issues.

According to the terms set forth in paragraph 1 of these Guidelines, with effect from February 2, 2022, managers in the dissemination in Italy of marketing communications on UCITS managed by them will be required to comply with the interpretative guidelines issued by the European Authority through the Guidelines subject of this notice.