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MiCA comes into application across the EU

From 30 December 2024 a firm needs an authorisation to provide crypto-asset services anywhere in the Union, and one authorisation covers all twenty-seven states. What the regulation attaches to, and what it cannot attach to, is the part worth reading.

3 min readEU Regulation
MiCA comes into application across the EU

What happened

Regulation (EU) 2023/1114 on markets in crypto-assets, adopted on 31 May 2023 and published in the Official Journal on 9 June 2023, applies in full from 30 December 2024. Its Titles III and IV, covering asset-referenced tokens and e-money tokens, have applied since 30 June 2024. Both dates are set by Article 149.

It is a Regulation, not a Directive. The text closes with the standard formula: "This Regulation shall be binding in its entirety and directly applicable in all Member States." There is no national implementing law to wait for.

What it changes

Article 59 states the rule: a person may not provide crypto-asset services in the Union unless authorised as a crypto-asset service provider, or already licensed as a credit institution, investment firm, or one of a short list of other regulated entities. An authorised provider needs a registered office in a member state where it carries out at least part of its services, effective management in the Union, and at least one director resident there.

Article 65 is the part worth understanding, because it is the trade being offered. A provider authorised in one member state that wants to operate in others sends its home authority a list of the states and services concerned. The home authority passes that to the host states, ESMA and the EBA within ten working days, and the provider may begin at the latest on the fifteenth calendar day after filing. One authorisation, one home supervisor, twenty-seven markets: the regime raises what it costs to start, and removes twenty-six of the twenty-seven conversations a firm previously had to have.

What it does not change

It does not regulate Bitcoin, and the text says why. Article 4(3)(b) disapplies the offer and white paper requirements where "the crypto-asset is automatically created as a reward for the maintenance of the distributed ledger or the validation of transactions". Those obligations attach to an offeror or an issuer. A coin issued by a consensus rule has neither, so the regulation attaches to service providers instead, which is the only place it can attach.

It also leaves self-custody alone. Holding your own keys is not a crypto-asset service provided to another person, and MiCA regulates the provision of services.

Article 143(3) softens the start. Providers already operating lawfully under national law before 30 December 2024 may continue until 1 July 2026, or until they are granted or refused authorisation, whichever comes first. Member states may shorten that window or decline to offer it, so the date the old rules stop is not the same everywhere.

Context

MiCA does not arrive alone. Regulation (EU) 2023/1113, the recast rules on information accompanying transfers of funds and certain crypto-assets, was adopted the same day and applies from the same date, extending payment-transfer information requirements to crypto-asset transfers.

Before this, crypto-asset firms in the Union were reached mainly through anti-money-laundering law, member state by member state, with some states legislating further on their own. The regulation's recitals name the result as regulatory fragmentation that distorts competition and invites regulatory arbitrage. That fragmentation, rather than any view about the assets themselves, is the problem MiCA was drafted against.

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