EU Market Regulator Issues Second Consultation Paper on MiCA Mandates

• The ESMA has published a lengthy document requesting feedback on 5 aspects of MiCA.
• By June 30th, 2024, the regulator will have published a final report based on feedback.

On October 5, the EU’s markets regulator, the European Securities and Markets Authority (ESMA), issued a second consultation paper on mandates for the Markets in Crypto-Assets (MiCA). The ESMA has published a lengthy document (307 pages) in which it requests feedback on five aspects of MiCA.

The Authority tracks quantitative measurements related to energy consumption, greenhouse gas emissions, and waste production, and a qualitative statement related to the effect of equipment used by blockchain network nodes on earth’s resources.

Stringent Compliance Protocols

Moreover, the European Securities and Markets Authority (ESMA) recommends mandating CASPs record trading and publishing date and time, crypto asset identity, price information, amount, venue of execution, and transaction ID to increase post-trade transparency.

CASPs should be allowed to keep transaction data in “the format they consider most appropriate,” as proposed by the European Securities and Markets Authority (ESMA), so long as they are able to transform the data into a defined format upon request from regulatory bodies.

By June 30th, 2024, the regulator will have published a final report based on comments received and submitted its technical standards to the European Commission. However, a third consultation package will be released in the first quarter of 2024.

In July, the ESMA published the prior consultation document. The European Securities and Markets Authority (ESMA) presented a plan in which crypto firms subject to MiCA registration would be required to provide additional data in the form of notifications to the NCAs of the country in which they would be registered.

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