On 9 October 2024, the European Commission adopted a Delegated Regulation supplementing the Markets in Crypto-Assets Regulation (MiCAR) with regard to regulatory technical standards (RTS) on information to be exchanged between Member State competent authorities (NCAs). The Delegated Regulation has been developed by the European Securities and Markets Authority (ESMA) per the mandate given to it in Article 95(10) of MiCAR.
Article 95 of MiCAR requires NCAs to cooperate with each other when exercising their supervisory duties in accordance with the provisions of the regulation. In doing so, NCAs are under the obligation to render assistance to each other and, for that purpose, exchange relevant information. To ensure that the information exchanged is of sufficient scope to allow NCAs to discharge their supervisory, investigative
and enforcement duties and functions effectively, Article 95(10) of MICAR mandates ESMA to draft RTS to specify the information to be exchanged between NCAs.
The Delegated Regulation will be published in the Official Journal of the EU and enter into force if the European Parliament or the Council of the EU do not object to it, in accordance with Article 290(2) of the Treaty on the Functioning of the EU.