ESMA responds to Commission’s consultation on the review of MiCA

On 30 September 2026, the European Securities and Markets Authority (ESMA) submitted its formal response to the European Commission regarding the review of the Markets in Crypto-Assets Regulation (MiCA). The regulator advocates for a more robust framework that bridges the gap between crypto-asset service providers (CASPs) and traditional financial instruments under the Markets in Financial Instruments Directive II (MiFID II). ESMA specifically proposes new regulatory oversight for decentralized finance (DeFi) gateways and protocols to mitigate cross-border risks. The recommendations include granting ESMA binding powers over token classification and introducing stricter requirements for staking, lending, and borrowing services. Furthermore, the proposal seeks to enhance investor protection through increased cost transparency and tighter marketing restrictions. By aligning MiCA with broader financial supervisory packages, ESMA aims to ensure that tokenized assets are subject to standards comparable to traditional securities. This development is critical for the RWA market as it signals a regulatory shift toward harmonizing the treatment of tokenized real-world assets with established financial market infrastructure.