Within this consultation package, ESMA invites stakeholders to provide feedback on four key areas of proposed regulations and guidelines:

• Regulatory Technical Standards on the detection and reporting of suspected market abuse in crypto-assets (RTS).
• Policies and procedures governing crypto-asset transfer services, including client rights (Guidelines).
• Suitability requirements for specific crypto-asset services, along with the format for periodic statement for portfolio management (Guidelines).
• Guidelines on Information and Communication Technology (ICT) operational resilience for certain entities regulated under MiCA.

Stakeholders, including investors, crypto-asset issuers, service providers, and others, are invited to provide comments, suggestions, and alternatives by 25 June 2024 in a response form.

The consultation aims to gather input on the implementation of MiCA. Responses will be published unless confidentiality is requested. The paper also outlines the next steps in relation to MiCA, with ESMA intending to finalise its report and submit draft technical standards to the European Commission for endorsement the latest by 30 December 2024.

ESMA’s press release can be found here and the third consultation package here.

Our overview general guide on MiCA can be found here.

If you are unsure whether MiCA may apply to you, you can use our MiCA Assessment Tool to obtain a free preliminary assessment here.