How to keep up with the nitty gritty details of MiCA’s draft Standards and Guidelines

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December 4, 2023

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Further to the Markets in Crypto-assets (MiCA) Regulation’s entry into force in June 2023, countries in the European Economic Area (EEA) are laying the groundwork to implement and start applying the legal text. To support the relevant authorities and the companies that are captured by MiCA, the European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA) are in the process of preparing and publishing legal instruments called Regulatory Technical Standards (RTSs), Implementing Technical Standards (ITSs), and Guidelines.

These level 2 and level 3 measures supplement MiCA’s legal text and intend to set out how requirements should be applied and complied with.

  • An RTS intends to supplement or amend EU law and will provide detailed information on how certain provisions of a legal text should be applied.
  • An ITS intends to ensure that the law is applied consistently throughout the Union and sets out the forms or templates that should be used to apply the legal text.
  • Guidelines serve a similar purpose to ITSs, to ensure that rules are applied consistently. Although they are not legally binding, all relevant stakeholders are required to make every effort to comply with the Guidelines.

MiCA’s Standards and Guidelines cover a plethora of topics ranging from internal governance arrangements to liquidity management and stress testing.

Before Standards or Guidelines are adopted, the EBA and ESMA consult national experts and other stakeholders. Consultation periods are a good opportunity for industry to share knowledge and provide feedback to ensure that the Standards adopted are fit for purpose and cause as few unintended consequences as possible.

The following timeline outlines MiCA’s key implementation and consultation dates.

To access an overview of the draft Standards and Guidelines that have been or will be published by the EBA and ESMA for consultation, visit XReg’s MiCA Standards and Guidelines Tracker.

Editor’s Note: Photo amended on 16 February 2024 following newly released information.

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Ana James

Senior Consultant

Ana James

Ana is a Senior Consultant at XReg Consulting, where she delivers comprehensive advisory services to both public and private sector clients. Her expertise includes regulatory authorisations, remediation, development of tailored regulatory frameworks, risk assessments, training and implementing systems to mitigate risks and ensure compliance.

Since joining XReg in 2019, Ana has advised national governments on crypto-asset risk assessments, supported regulatory authorities in drafting rules and guidance and contributed to global associations’ responses to EU crypto-asset legislation. Her thought leadership extends to XReg’s content marketing efforts, where she has authored reports and articles and hosted webinars on the latest developments in the crypto-asset sector.

Ana began her career at the Gibraltar Financial Services Commission (GFSC), serving in the Authorisations and International and Government Affairs teams. As International Policy Advisor, she liaised with regulators and public sector entities, enhancing GFSC's role in global forums. Ana holds the Chartered Insurance Institute’s core qualification (CII) and a Global Certificate in Securities Markets Regulation from IOSCO/PIFS-Harvard Law School.

David Mazzucchi

Senior Consultant

David Mazzucchi

As a Senior Consultant for XReg Consulting, David leads on client engagements for licensing and registration applications, independent audits and assists in the development of risk management frameworks. He also plays a pivotal role in the onboarding of prospective clients. While at XReg, he has worked with regulatory authorities to draft virtual asset rules and guidance and other public sector bodies to draft legislation. He also made a significant contribution to Crypto UK’s working group on virtual asset financial promotions.

David began his career at the Guernsey Financial Services Commission where he was responsible for the ongoing supervision and risk assessment of a portfolio of banks and insurance companies. He later joined the Commission’s Enforcement team, where he undertook investigations into potential regulatory breaches by licensed financial services companies and individuals. During his time at the Commission, David also worked with the Intelligence team, identifying and preventing fraudulent financial conduct.

Following his time at the GFSC, David joined EY Gibraltar as a Senior Consultant where he undertook a range of client consultancy work including internal audits and AML risk assessments, the development of policies and controls, and assistance with regulatory compliance. Whilst at EY, David completed a number of secondments to financial services firms and public sector bodies in Gibraltar.

Davina Smith

Group Marketing Co-Ordinator

Davina Smith

As the Group Marketing Co-Ordinator for the XReg Group, Davina is responsible for the execution of content and communication. Her role is to manage the creation and publication of materials across all platforms and assist in the production of marketing campaigns.

Prior to working at XReg, Davina served as the Marketing Manager at a leading industrial manufacturing company, with her career primarily focused on the B2B manufacturing industry. As a marketer with over five years of experience, Davina has enriched company profiles through social media, content generation, copywriting and coordination of events and trade shows, among other marketing strategies both online and offline.

Davina’s academic background includes a degree in Marketing, complimented by a marketing internship at a leading network technology company. This brought her experience in CRM, event management, and customer relations. Having lived and worked in Canada and Europe, she brings a unique international perspective to her role.

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