On 25 March 2024, the European Securities and Markets Authority (ESMA) published two final reports on its first set of regulatory technical standards (RTS) and implementing technical standards in relation to the Markets in Crypto-Assets Regulation (MiCAR). ESMA has also issued a consultation paper regarding its third set of RTS and guidelines under MiCAR.

Final reports

The final report setting out draft technical standards specifying certain requirements of MICAR – first package provides feedback relating to five of the six draft technical standards related to investor protection topics which were covered by ESMA in its previous consultation. These technical standards cover:

  • The information required for the authorisation of crypto-asset service providers (CASPs).
  • The information required where financial entities notify their intent to provide crypto-asset services.
  • Information required for the assessment of intended acquisition of a qualifying holding in a CASP.
  • How CASPs should address complaints.

A final report relating to the technical standards on conflicts of interest for crypto-asset service providers (in accordance with Article 72(5) of MiCAR) will be published at a later stage to allow the European Banking Authority (EBA) to conclude its consultation process and thus allow ESMA and the EBA to cooperate closely and ensure maximum alignment.

A further final report contains draft technical standards:

  • Specifying the information to be exchanged between competent authorities, pursuant to Article 95(10) MiCAR.
  • Specifying the relevant standard forms, templates and procedures for the exchange of information between competent authorities, pursuant to Article 95(11) MiCAR.
  • On forms for information exchange between competent authorities and ESMA/EBA, pursuant to Article 96(3) MiCAR.
  • On the cooperation template with third countries, pursuant to Article 107(3) of MICAR.

The draft technical standards are submitted to the European Commission (Commission) for adoption.


ESMA published a first consultation package in July 2023, a second in October 2023 and two additional standalone consultation papers in January 2024. This latest consultation package (no. 3) includes all remaining mandates covering draft:

  • Technical standards regarding the detection and reporting of suspected market abuse in crypto-assets per Article 92(2) MiCAR.
  • Guidelines on policies and procedures, including the rights of clients, for crypto-asset transfer services per Article 82(2) MiCAR.
  • Guidelines on suitability requirements for certain crypto-asset services and format of the periodic statement for portfolio management per Article 81(15) MiCAR.
  • Guidelines on the maintenance of systems and security access protocols in conformity with appropriate EU standards per Article 14(1) (d) MiCAR.

The deadline for comments on the consultation is 25 June 2024.

ESMA will publish a final report based on the feedback received and will submit the draft RTS to the Commission for endorsement by 30 December 2024.