ESMA Third MiCA Consultation Package


On Mar. 25, ESMA issued 3rd consultation on MiCA rules, guidelines.


  • ESMA issued its 3rd consultation package under Markets in Crypto-Assets Regulation (MiCA Reg 2023/1114) seeking input on 4 sets of proposed rules and guidelines.
  • Follows ESMA Oct. 2023 2nd consultation on MiCA technical standards, see #187045.
  • Background
  • ESMA is empowered to develop technical standards, guidelines on provisions of MiCA.
  • Issued first consultation package Jul. 2023, second Dec. 2023, more in Jan. 2024.
  • This 3rd consultation package contains all remaining mandates with an 18-month deadline, aims to collect stakeholder views on appropriate implementation of MiCA.
  • Subject Matter
  • Proposed technical standards and guidelines covering: the detection and reporting of suspected market abuse in crypto-assets (regulatory technical standards (RTS)).
  • Policies and procedures, including the rights of clients for crypto-asset transfer services (guidelines); ICT operational resilience for certain entities under MiCA (guidelines).
  • As well as suitability requirements for certain crypto-asset services and the format of the periodic statement for portfolio management (guidelines).
  • Effectiveness
  • Stakeholders should provide feedback using the response form by Jun. 25, 2024.
  • ESMA will publish a final report based on feedback received, and will submit the draft technical standards to EU CMSN for endorsement by Dec. 30, 2024 at the latest.

Regulators EU ESMA
Entity Types B/D; Bank; CNSM; Depo; Exch; IA; Inv Co; MSB
Reference Form ESMA75-453128700-1012, CP ESMA75-453128700-1002, PR, 3/25/2024; Fintech; Citation: MiCA Reg 2023/1114;
Functions BCS; Client Money; Compliance; Cyber; Financial; Fraud; Legal; Market Conduct; Operations; Product Administration; Product Design; Reporting; Risk; Suitability; Technology
Countries European Union
Category National Regulator
State
Products Banking; Cryptocurrency; Custody; Fund Mgt; Issuance/IPO; Payments; Securities
Regions EMEA
Rule Type Proposed
Rule Date 3/25/2024
Effective Date 6/25/2024
Rule Id 206120
Linked to Rule :187045
Reg. Last Update 3/25/2024
Report Section EU

Last substantive update on 03/28/2024