ESMA seeks broader MiCA enforcement powers as EU reviews crypto rules

  • ESMA urges broader enforcement powers for itself and national regulators under MiCA.
  • ESMA says current tools are too slow to stop scams, money laundering and unauthorized trading.
  • ESMA proposes wider MiCA coverage and simpler compliance procedures during the EU review.

The European Securities and Markets Authority has urged the European Union to give ESMA and national regulators broader powers to enforce the Markets in Crypto-Assets regulation, known as MiCA. ESMA said existing tools can move too slowly to stop scams, money laundering and unauthorized trading before losses occur. The recommendation comes as the European Commission reviews MiCA and considers changes to the bloc's crypto framework. ESMA has also proposed expanding MiCA to cover decentralized finance gateways, staking, crypto lending and borrowing services. Its recommendations include tighter restrictions on regulated firms offering services linked to stablecoins that do not meet MiCA requirements, stronger controls on crypto marketing, clearer customer disclosures and enhanced powers to address unauthorized websites, suspected market abuse and terrorist financing. The regulator wants clearer tests for whether crypto activities are genuinely decentralized, a regulated service category for firms providing access to DeFi protocols and binding ESMA opinions on token classification, including hybrid tokens. It also seeks simpler crypto white-paper notifications, fewer duplicative authorization requirements and more consistent financial safeguards as Brussels assesses MiCA's effectiveness.

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