The European Securities and Markets Authority has released the first batch of consultation proposals under the EU Crypto-Assets Market Law
The European Securities and Markets Authority (ESMA), the EU financial markets regulator, has published its first consultation paper under the Markets in Crypto-Assets Regulation (MiCA) and invited stakeholders to provide feedback by September 20, 2023. ESMA is seeking opinions on the proposed rules for crypto-asset service providers (CASPs), particularly regarding their authorization, the identification and management of conflicts of interest, and how CASPs should handle complaints. The consultation document states that MiCA will serve as the cornerstone of EU regulation for crypto assets. Among other things, it sets out the authorization and supervision of crypto-asset service providers (CASPs), requirements for providing crypto-asset services and activities, authorization and supervision of trading platforms, and requirements for crypto-asset trading activities across the EU. The implementation of MiCA will require market participants to undertake extensive preparatory activities to comply with the new rules.Additionally, ESMA aims to gather more information about respondents' current and planned activities as part of a fact-finding exercise to better understand the EU crypto-asset market and its future developments. These questions relate to factors such as respondents' expected turnover, the number of white papers they plan to publish, and the use of on-chain versus off-chain transactions. Feedback from this part of the consultation will be kept confidential and will be used to refine certain proposals included in the second and third consultation packages. ESMA will consider the feedback received from this consultation and expects to publish a final report and submit a draft of the technical standards for approval by the European Commission by June 30, 2024, at the latest.