EU Council wants only significant crypto firms supervised by ESMA

Ledger Insights2 min read
EU Council wants only significant crypto firms supervised by ESMA
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RWA Signal Insight

Infrastructure

The Council of the European Union has reached a compromise on the Market Integration and Supervision Package (MISP), effectively limiting the direct supervisory authority of the European Securities and Markets Authority (ESMA) over crypto-asset service providers (CASPs). While the European Commission originally proposed that ESMA oversee all MiCA-regulated entities, EU finance ministers have restricted this mandate to only those firms deemed "significant." The definition of significance has been adjusted to include firms with over 1 million users, provided they meet additional criteria regarding trading volume or assets under custody. This shift represents a departure from the Commission's initial push for centralized oversight, favoring a more tiered regulatory approach. Commissioner Maria Luís Albuquerque expressed formal regret over the compromise, highlighting ongoing friction between the Commission and member states regarding the centralization of financial supervision. This development is critical for the RWA market as it dictates the regulatory burden and oversight framework for platforms facilitating the issuance and trading of tokenized assets within the EU. By clarifying which entities fall under ESMA's direct purview, the policy provides a clearer, albeit more fragmented, roadmap for institutional compliance in the European digital asset ecosystem.

Key points

  • EU finance ministers restricted ESMA's direct supervision to only "significant" crypto-asset service providers.
  • New significance criteria include firms with over 1 million users meeting specific volume thresholds.
  • The compromise modifies the original European Commission proposal for universal ESMA oversight of CASPs.
  • MISP negotiations establish the regulatory framework for future digital asset market supervision in Europe.

Background

The Markets in Crypto-Assets (MiCA) regulation is the European Union's comprehensive legal framework designed to regulate crypto-assets, issuers, and service providers. It aims to provide legal certainty, protect consumers, and ensure market integrity across all EU member states. ESMA serves as the primary EU securities regulator, tasked with ensuring consistent application of financial rules across the bloc.

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