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EBA and ESCB Push for Tougher MiCA Rules, Industry Urges Caution

The EBA and ESCB have called for stricter MiCA requirements, and crypto industry participants are urging caution as EU rules for crypto-asset firms continue to take shape.

Reg Wrap: crypto urges caution after EBA and ESCB call for tougher MiCA rules - thebanker.com
WitnessReg Wrap: crypto urges caution after EBA and ESCB call for tougher MiCA rules - thebanker.comAI-generated

Outputs

  1. The EBA and the ESCB have called for tougher rules under the EU's Markets in Crypto-Assets regulation (MiCA).

  2. Crypto industry participants have urged caution in response, warning of compliance costs and market fragmentation.

  3. MiCA took full effect for crypto-asset service providers across the EU in December 2024, with the EBA supervising significant asset-referenced and e-money tokens.

Europe's banking authorities have called for tighter rules under the EU's Markets in Crypto-Assets regulation (MiCA), prompting crypto industry participants to urge caution as the bloc's regulatory framework continues to evolve.

The European Banking Authority (EBA) and the European System of Central Banks (ESCB) have signalled that they believe MiCA's current provisions do not go far enough in addressing risks posed by crypto-assets to the banking system and the wider financial sector, according to a report by The Banker. The two bodies are pushing for tougher requirements than those already embedded in the regulation, which took full effect for crypto-asset service providers across the EU in December 2024.

MiCA, adopted in 2023, established a harmonised licensing and conduct regime for crypto-asset service providers and issuers of asset-referenced tokens (ARTs) and e-money tokens (EMTs) across the 27-member bloc. The EBA holds direct supervisory responsibility for significant ARTs and significant E-money tokens, while national competent authorities supervise other issuers and service providers under the framework. The European Central Bank and national central banks, acting through the ESCB, have a statutory role in oversight of stablecoin arrangements given their potential implications for monetary policy and payment systems.

The push from the EBA and ESCB for stricter rules reflects longstanding concerns among monetary and prudential authorities that crypto-asset exposures, stablecoin issuance at scale and the integration of crypto services into banking groups could transmit risk into the regulated financial system. Those concerns have shaped earlier policy interventions, including the Basel Committee's prudential treatment of crypto-asset exposures and the ECB's stated intention to monitor stablecoin arrangements in the euro area.

Industry participants, for their part, have urged caution. Crypto sector voices warn that layering additional requirements onto MiCA before the framework has been fully implemented and tested could raise compliance costs, fragment the single market's approach and push activity toward less regulated jurisdictions. Firms have already invested heavily in MiCA authorisation processes, with licence applications and passporting arrangements across member states proceeding through national regulators over the past year.

The tension sets up a familiar dynamic in EU financial rulemaking: regulators and central banks arguing for a more conservative posture toward crypto-asset risk, while industry groups press for regulatory predictability and proportionality. How the European Commission and the co-legislators respond to the EBA and ESCB's calls will determine whether MiCA's framework is amended through future legislative revisions, expanded through delegated acts and regulatory technical standards, or left to mature under existing rules.

For crypto firms operating in Europe, the immediate operational consequence is uncertainty at the margins of the regime. Firms that have completed MiCA authorisation face the prospect of additional capital, liquidity or reporting expectations if prudential authorities' recommendations are taken forward. Banks with crypto-asset exposures or planned token initiatives will be watching closely for any move toward tighter prudential treatment aligned with the positions of the EBA and the ESCB.

The debate also carries implications for the EU's competitiveness agenda. Policymakers have sought to position Europe's crypto framework as a global standard-setter, and further tightening could either reinforce that claim or, in the industry's view, blunt the region's appeal for digital-asset businesses choosing among jurisdictions.

The next phase of the process will unfold through the EU's standard regulatory channels: any proposed amendments to MiCA would require a Commission proposal and adoption by the European Parliament and the Council, while the EBA can act within its existing mandate to develop technical standards and guidance for the entities it supervises. Firms and supervisors alike now await concrete follow-up to determine whether the calls for tougher rules translate into binding requirements or remain policy positions in an ongoing debate over the future shape of Europe's crypto-asset regime.

via Google News - Crypto Regulation (Source)

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Marcus Bennett

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Senior reporter covering business strategy at Mempool Brief.

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