On Mar. 25, 2025, EU EBA published the translations of the Guidelines on templates to assist competent authorities in performing their duties on issuers' compliance.
The guidelines will apply from May 26, 2025.
On Jul. 15, EBA proposed guideline on data reporting requirements.
EBA launched consultation on draft guidelines on reporting of data to assist authorities in supervisory duties, significance assessment under MiCA (MICA Reg 2023/1114).
Follows EBA Jul. 2024 statements and priorities on MiCA application, see #218551.
Draft Guidelines on Reporting on ARTs and EMTs
Guidelines aim to ensure that competent authorities have sufficient comparable information to supervise compliance of issuers with MiCA requirements and provide EBA with information necessary to conduct the significance assessment under MiCA.
Issuers of asset-referenced tokens (ARTs) and certain e-money tokens (EMTs) are required to report specific information defined under Article 22 MiCA.
These data provisions by issuers are not enough to allow competent authorities and EBA to discharge supervisory tasks and significance assessment tasks under MiCA.
Guideline aims to address data gaps, providing competent authorities and EBA with information to supervise issuer compliance, conduct effective significance assessment.
In addition, guidelines include common templates and instructions that issuers should use to collect data they need from relevant crypto-asset service providers (CASPs).
EBA will hold virtual public hearing on consultation paper on Sep. 20, 2024, 10:30 to 12:00 CET, invites interested stakeholders to register by Sep. 18, 2024, at 16:00 CET.
Attachments
Attached to consultation: reporting for issuers of ARTs and EMTs - templates (annex I) and instructions (annex II); reporting for crypto-asset service providers - templates (annex III) and instructions (annex IV); and DPM and validation rules (annex V).
Effectiveness
Comments must be submitted online by Oct. 15, 2024.
Dec. 2024 Final Report on Guidelines Published
On Dec. 18, 2024, EBA issued guidelines on templates to assist competent authorities in performing their supervisory duties regarding issuers’ compliance under MiCAR.
EBA said guidelines aim to ensure that competent authorities have sufficient comparable information to supervise issuer compliance with MiCA requirements, provide EBA with information needed to conduct significance assessment under MiCA.
Final report states that the guidelines aim to ensure a common supervisory approach on data requests with consistent, predefined templates across member States.
To enhance supervisory convergence, ensure level playing field across internal market.
EBA developed the guidelines to specify templates that issuers of ARTs and EMTs should use to provide competent authorities and EBA with the necessary information.
Templates comprise information on number of holders, market capitalization and composition of the reserve of assets; transactions per day; own funds; liquidity; and entities involved in the custody, operation or distribution of the tokens.
By setting out common formats, templates and instructions for the provision of data using these templates, including common reference and remittance dates and common thresholds, guidelines aim to ensure that competent authorities are able to monitor compliance by issuers of ARTs and EMTs with critical requirements under MiCA.
Guidelines also include common templates and instructions that issuers should use to collect the data they need from the relevant crypto-asset Service Providers (CASPs), per data sharing approach implemented by EC implementing regulation 2024/2902.
Final report accompanied by Annex I Reporting for issuers of ARTs and EMTs - templates; Annex II Reporting for issuers of ARTs and EMTs instructions; Annex III Reporting for crypto-asset service providers - templates; Annex IV Reporting for crypto-asset service providers instructions; Annex V - DPM and validation rules.
On Mar. 25, 2025, EU EBA published the translations of the Guidelines on templates to assist competent authorities in performing their duties on issuers' compliance.
