EU regulatory framework for crypto-assets (MiCA Regulation)

Topic area:

Status: 03.05.2024 |

Key words:

Crypto assets, Main version, Amendment, Hot topic

Official name

Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (MiCAR)

Type

Regulation

Level 1

Initiator

Submitted

Doc. code

2023/1114

Summary

Status

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Current version

Final version

31.05.2023

Next step

Entry into force

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Application date

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Scope

Relevant for

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Level 1

Directive on protection of whistleblowers (binding, Main version, EU)

Implementation Act cryptoassets regulation - Uitvoeringswet verordening cryptoactiva (binding, Amendment, NL)

Financial Market Digitization Act - FinmadiG (binding, Main version, Amendment, DE)

MiCA Regulation - Enforcement Act (binding, Main version, Amendment, AT)

Level 2

RTS on EU market access of issuers of asset-referenced tokens under the MiCAR (binding, Supplement, EU)

ITS on EU market access of issuers of asset-referenced tokens under the MiCAR (binding, Supplement, EU)

Implementing decision on crypto-assets and information on transfers of funds and crypto-assets - Uitvoeringsbesluit Vo's cryptoactiva en informatie bij geldovermakingen en overdrachten cryptoactiva (binding, Amendment, NL)

RTS on procedures for handling complaints under MiCAR (binding, Amendment, Supplement, EU)

RTS on the notification by certain financial entities of their intention to provide crypto-asset services (binding, Supplement, EU)

ITS on standard forms, templates and procedures for the notification by certain financial entities of their intention to provide crypto-asset services (binding, Supplement, EU)

RTS on authorisation of crypto-asset service providers under MiCAR (binding, Supplement, EU)

ITS on the authorisation of cryptoasset service providers under MiCAR (binding, Supplement, EU)

RTS on the proposed acquisition of a qualifying holding in a crypto-asset service provider under MiCAR (binding, Supplement, EU)

RTS on identification, prevention, management and disclosure of conflicts of interest under MiCAR (CASPs) (binding, Supplement, EU)

RTS on complaints handling by crypto-asset service providers under MiCAR (binding, Supplement, EU)

RTS on the the assessment of a proposed acquisition of qualifying holdings in issuers of asset reference tokens under MiCAR (binding, Supplement, EU)

RTS on sustainability indicators for negative impacts on the climate and the environment under MiCAR (binding, Supplement, EU)

RTS on measures for crypto-asset services for continuity and regularity in service delivery under MiCAR (binding, Supplement, EU)

RTS on trade transparency under MiCAR (binding, Supplement, EU)

RTS on the content and format of the order book records under MiCAR (binding, Supplement, EU)

RTS on record keeping by crypto assets service providers under MiCAR (binding, Supplement, EU)

RTS on the data necessary for the classification of white papers under MiCAR (binding, Supplement, EU)

ITS on standard forms and templates for the crypto-asset white paper under MiCAR (binding, Supplement, EU)

ITS on technical means for appropriate public disclosure of inside information under MiCAR (binding, Supplement, EU)

RTS on approval procedures for whitepapers of asset-referenced tokens (ARTs) according to MiCAR (binding, Supplement, EU)

RTS on the minimum content of the governance rules on remuneration policy in accordance with the MiCA Regulation (binding, Supplement, EU)

RTS to specify the highly liquid financial instruments in the reserve of assets according to MiCAR (binding, Supplement, EU)

RTS to specify the liquidity requirements of the reserve of assets under MiCAR (binding, Supplement, EU)

Minimum contents of the liquidity management policy and procedures under MiCAR (binding, Supplement, EU)

Adjustment of own funds requirements and design of stress testing for issuers under MiCAR (binding, Supplement, EU)

Procedure and timeframe to adjust the own funds requirements for issuers under MiCAR (binding, Supplement, EU)

RTS on the use of ARTs and EMTs denominated in a non-EU currency as a means of exchange (MiCAR) (binding, Supplement, EU)

ITS on the reporting on ARTs and EMTs denominated in a non-EU currency under MiCAR (binding, Supplement, EU)

RTS on requirements for policies and procedures on conflicts of interest for issuers of ARTs under the MiCAR (binding, Supplement, EU)

Criteria for classifying asset-referenced tokens and e-money tokens as significant under MiCA (non-binding, Supplement, EU)

RTS on arrangements, systems and procedures for detecting and reporting suspected market abuse in crypto-assets (3rd package) (binding, Supplement, EU)

Transition of the existing legal framework for crypto-assets to MiCAR (binding, Supplement, Amendment, DE)

Level 3 / Other

Digital Finance Package (non-binding, EU)

Regulation, Supervision and Oversight of Crypto-Asset Activities and Markets (non-binding, INT)

Significance criteria and supervisory fees under the MiCAR (non-binding, EU)

FMA information letter regarding supervision of crypto asset service providers pursuant to MiCAR (binding, AT)

Statement on entry into force of MiCAR (non-binding, EU)

Suitability assessment of members of management body under MiCAR (binding, Supplement, EU)

Suitability assessment of shareholders and qualifying holdings under MiCAR (binding, Supplement, EU)

Minimum content of the governance arrangements for issuers of asset-referenced tokens (binding, Supplement, EU)

Liquidity stress tests under the MiCA Regulation (binding, Supplement, EU)

Guidelines for recovery plans under MiCAR (binding, Supplement, EU)

Guidelines on the conditions and criteria for the qualification of crypto-assets as financial instruments (binding, Supplement, EU)

Guidelines on reverse solicitation under MiCAR (binding, Supplement, EU)

ESMA - Q&A: Crypto-Asset Service Provider (CASP) (binding, Supplement, EU)

Guidelines on redemption plans under MiCAR (binding, EU)

Guidelines on certain aspects of the suitability requirements and format of the periodic statement for portfolio management activities under MiCA (3rd package) (binding, Supplement, EU)

Guidelines on the maintenance of systems and security access protocols in conformity with appropriate Union standards (3rd package) (binding, Supplement, EU)

Guidelines on templates for explanations and opinions and standardised test for the classification of crypto-assets under MiCAR (binding, EU)

Guidelines on reporting of data to assist authorities in their supervisory duties and significance assessment under MiCAR (binding, Supplement, EU)

ESMA opinion on proposed amendments to RTS on authorisations and notifications under MiCAR (non-binding, EU)

Procedure for the classification of asset-referenced tokens and e-money tokens as significant (binding, EU)

Source: EU, 2023/1114, 2023