Markets in Crypto-Assets

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Regulation (EU) 2023/1114
European Union regulation
Text with EEA relevance
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TitleRegulation (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
Made by European Parliament and Council of the European Union
Made under Article 114 of the TFEU
Journal reference L 150, 9 June 2023, p. 40–205
History
Date made31 May 2023
Implementation date30 December 2024
Applies from30 December 2024
Preparative texts
Commission proposalCOM (2020) 593 - 2020/0265/COD
Current legislation

Markets in Crypto-Assets (MiCA or MiCAR) is a regulation in European Union (EU) law. It is intended to help streamline the adoption of blockchain and distributed ledger technology (DLT) as part of virtual asset regulation in the EU, while protecting users and investors.

Contents

MiCA was adopted by the EU Parliament on 20 April 2023 and has been fully applicable since December 2024. [1] [2]

Title

The full name of the law is "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". [3]

The regulation is unofficially called "Markets in Crypto-Assets" (MiCA) or "Markets in Crypto-Assets Regulation" (MiCAR) for short.

MiCA is part of a digital finance package that intends to transform the European economy. [4]

Function

MiCA provides legal certainty around crypto assets – cryptocurrencies, security tokens and stablecoins. It is similar to the EU’s Markets in Financial Instruments Directive (MiFID), which is a legal framework for securities markets, investment intermediaries and trading venues. [5] MiCA covers participants in the crypto-market, including crypto-asset issuers, trading platforms, exchanges, and custodian wallet providers. A benefit of the MiCA proposal is that it permits banks, investment firms, and other financial institutions to engage in crypto-market activities, provided they have authorization under MiFID II to offer services. [6] It was expected to be different from the UK's crypto regulatory framework. The UK was expected to start by regulating only a few crypto assets, while the MiCA regime was expected to be broader. [7] [8]

History

Groundwork for MiCA started in 2018 following public interest in cryptocurrencies (by 2024 there were estimated to be 31 million crypto users in Europe [9] ). The European Commission adopted a digital finance package, which included MiCA, in September 2020, leading to discussions among the preparatory bodies (the EU Council, the European Central Bank, the Economic and Social Committee). [10]

After 18 months of debate, the EU passed MiCA in 2022. [11] Regulations on stablecoins took effect in June 2024 [12] and those affecting crypto asset service providers take effect in December, 2024. [13] However, service providers with fewer than 15 million active users in Europe would not be considered “significant” under MiCA and so would be supervised by national EU authorities rather than the European Banking Authority and the European Central Bank. Elizabeth McCaul, a member of the ECB Supervisory Board, warned of “gaps in the framework” for regulating crypto markets and that traditional approaches might not work. She said that the 15m threshold would probably exclude Binance, and FTX before its collapse. [14] She had made similar warnings at a Financial Times conference in November 2022. [15]

Société Générale was the first big bank to list a stablecoin under MiCA, in December 2023, on Bitstamp, an exchange based in Luxembourg. [16]

In May 2024, the EBA published final draft regulatory technical standards (RTS) and final draft implementing technical standards (ITS) under MiCA, applicable from 30 June 2024.

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References

  1. "EU lawmakers approve world's first comprehensive framework for crypto regulation". cnbc.com. 20 April 2023. Retrieved 26 April 2023.
  2. "Markets in Crypto-Assets Regulation (MiCA)". www.esma.europa.eu. Retrieved 7 June 2024.
  3. "Regulation - 2023/1114 - EN - EUR-Lex". eur-lex.europa.eu. Retrieved 2 January 2025.
  4. "MiCA: A Guide to the EU's Proposed Markets in Crypto-Assets Regulation". sygna.io. 24 September 2020. Retrieved 9 June 2021.
  5. "New Crypto Rules in the European Union – Gateway for Mass Adoption, or Excessive Regulation?". Stanford . 12 January 2021. Retrieved 9 June 2021.
  6. Pavlidis, Georgios (3 July 2021). "Europe in the digital age: regulating digital finance without suffocating innovation". Law, Innovation and Technology. 13 (2): 464–477. doi:10.1080/17579961.2021.1977222. ISSN   1757-9961.
  7. "A divide has emerged in EU and UK crypto regulation". Financial Times . 31 August 2022. Retrieved 18 September 2022.
  8. Nagelkerke, Floortje; Meakin, Hannah; Carrier, Anna (15 July 2024). "Explaining MiCA: What It Means For Your Crypto-Asset Business". Law.com International. ALM. Retrieved 13 September 2024.
  9. "Where in Europe are people investing in crypto the most?". euronews. 5 March 2024. Retrieved 7 June 2024.
  10. "MiCA and the CySEC CASP regime in Cyprus". SALVUS Funds . 5 August 2022. Retrieved 18 September 2022.
  11. Monroe, Brian (20 April 2023). "EU passes landmark crypto regulation, MiCA, in lock step after cementing decried, dreaded virtual value AML 'travel rule'". www.acfcs.org. Association of Certified Financial Crime Specialists. Retrieved 14 September 2024.
  12. Pingen, Anna (25 September 2023). "New Rules for Crypto-Assets in the EU". eucrim.eu. Max Planck Institute for the Study of Crime, Security and Law.
  13. "Markets in Crypto Assets Regulation (MiCAR)". www.centralbank.ie. Central Bank of Ireland. Retrieved 14 September 2024.
  14. Arnold, Martin; Chipolina, Scott (5 April 2023). "European Central Bank official warns of 'gaps' in forthcoming crypto rules". Financial Times. Retrieved 5 July 2023.
  15. Provan, Sarah; Ralph, Oliver; Langley, William; Kerr, Jaren; White, Alexandra; Wembridge, Mark (28 November 2022). "Live news updates from November 28: ECB board member calls for global harmonisation of crypto regulation". Financial Times. Retrieved 5 July 2023.
  16. Asgari, Nikou (6 December 2023). "Société Générale to become first big bank to list a stablecoin". Financial Times. Retrieved 7 June 2024.