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FTX Collapse & Binance's US Settlement: Call for MiCA Regulations

By Wayne Ingram
Nov 27, 2023
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European Commission officials underscored the significance of the EU Markets in Crypto-Assets (MiCA) legislation, citing the 2022 FTX collapse and Binance’s recent $4.3 billion settlement with U.S. authorities as pivotal reasons for its implementation. Ivan Keller, a policy officer at the European Commission, highlighted during an interview at the MoneyLIVE conference in Amsterdam that these events provided unfortunate confirmations, emphasizing the necessity of a robust regulatory path. Keller asserted that MiCA's adoption, slated for 2024, aims to mitigate risks and equip regulators with clearer leverage to oversee entities involved in crypto-assets.

The path toward full adoption of MiCA legislation across the EU was outlined by policy officials, defining it as one of the world’s pioneering comprehensive legal frameworks for cryptocurrencies. Keller emphasized MiCA’s objective to balance innovation with the regulation of crypto-asset issuers and service providers, aiming to address risks related to consumer protection, market integrity, financial stability, and monetary sovereignty. MiCA’s initial implementation starts in June 2023, with specific rules governing stablecoins expected to take effect in June 2024.

The regulations pertaining to "asset reference tokens" and "e-money tokens," primarily categorizing stablecoins, will be enforced first, followed by regulations for "crypto-asset service providers," encompassing trading platforms, wallet providers, and cryptocurrency exchanges, set to commence in December 2024. Keller revealed that both the European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA) were actively formulating nearly 40 technical standards, seeking public comments on most of them before finalization.

Keller detailed the process of drafting technical standards, stating that once completed, these standards would undergo a review by the committee. Co-legislators, comprising the parliament and the European Council, would review the final draft within a two-month period, aiming for completion before MiCA’s 'Level 1' concerning stablecoins comes into effect in June 2024. Addressing concerns about implementation, Keller mentioned a "grandfather clause" allowing Crypto-Asset Service Providers (CASPs) to operate under national rules during the supplementary period but limiting their ability to provide services across the EU.

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