The European Commission has moved to allocate the supervision of crypto companies and their activities under the sole jurisdiction of the European Securities and Markets Authority (ESMA).  This move will end the application of different regulatory styles in several member states operating under the EU’s Markets in Crypto-Assets regulation (MiCA).

ESMA’s Single Crypto Authority To Boost Competitiveness, Innovation – EC

In a Thursday announcement, the European Commission, the executive arm of the European Union (EU), rolled out a series of regulatory measures aimed at creating a singular financial service market. This initiative centers around creating a competitive, innovative, and efficient financial system that offers EU citizens better options for wealth growth and business financing. 

A statement from the announcement read: 

Deeper integration of financial markets is not an end, but a means to create a single market for financial services greater than the sum of its national parts. Simplified access to capital markets reduces costs and makes the markets more appealing for investors and companies across all Member States, irrespective of size.

In particular, the EC’s new regulatory package will move the oversight of Crypto-Asset Service Providers (CASPs), among other groups of businesses to under the sole authority of the ESMA. Interestingly, the EC’s recent move comes just three months after the French, Austrian, and Italian market authorities pushed for a stronger European framework for cryptocurrencies, citing major differences in each national implementation of the MiCA regulations. 

Presently, crypto regulation across the 27 EU member states operates under MiCA, resulting in a patchwork of national approaches which the EC claims is hindering competition and effective cross-border operations. The ESMA’s singular regime aims to eliminate these discrepancies in order to provide a better integrated EU financial market. 

The EC said:

Improvements to the supervisory framework are closely linked to the removal of regulatory barriers. The package aims to address inconsistencies and complexities from fragmented national supervisory approaches, making supervision more effective and conducive to cross-border activities, while being responsive to emerging risks. 

Alongside the new singular regime, the European Commission has also expressed plans to create a friendly environment for the adoption of distributed ledger technology, e.g, blockchains, to spur innovations in the financial sector. However, all these regulatory changes still remain subject to negotiation and approval by the  European Parliament and European Council.

Crypto Market Overview

At the time of writing, the total crypto market cap is valued at $3.04 trillion, following a slight 0.25% loss in the past day. Meanwhile, total trading volume is valued at $135.47 billion.

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• MiCA currently lets companies gain cross-border access via a single national licence.
• National regulators and firms fear a loss of control and added bureaucracy.
• France, Austria and Italy have backed ESMA’s expanded role for large firms.

The European Commission is preparing to give the European Securities and Markets Authority sweeping powers over the crypto sector.

If approved, ESMA would become the sole body responsible for supervising all crypto asset service providers in the European Union, reported Bloomberg.

The proposal marks a significant change to how the bloc regulates digital assets, placing oversight in the hands of a central authority rather than relying on 27 national regulators.

This draft plan, expected to be announced next month, comes just months before the full implementation of the Markets in Cryptoassets Regulation.

MiCA, passed in 2023, is set to become the EU’s flagship framework for crypto regulation.

Under MiCA, companies currently only need a licence in one member state to operate across the bloc.

This structure has been the result of years of work by both regulators and firms.

MiCA faces uncertainty

MiCA was designed to provide legal clarity and consistency across the EU.

It allows firms to gain authorisation in a single country and use that to offer services in other EU states. This system is known as passporting.

The goal was to reduce fragmentation and streamline operations for businesses.

But the Commission’s new plan would override this process by giving ESMA direct responsibility for approving and monitoring all providers, regardless of where they are based.

The draft proposal suggests ESMA could delegate tasks back to national authorities when needed.

However, the central point of contact would still be ESMA. This change has raised concerns from those involved in the rollout of MiCA.

With the implementation window closing in 2024, firms and local regulators worry that shifting the framework now could cause delays and confusion.

Critics argue that restarting the discussion around MiCA could undermine legal certainty.

Others say that moving responsibilities to ESMA without enough resources could weaken enforcement.

The proposal still needs support from both the European Parliament and the Council of the EU before it becomes law.

Pushback from regulators

The Commission’s move has not gone unnoticed by crypto industry bodies. Many believe that local regulators are better equipped for day-to-day engagement with firms.

Blockchain for Europe, an industry group, has warned that centralising control at this stage would divert attention from the task of getting MiCA running smoothly.

Some consultants have also pointed out that ESMA would require more staff and funding to take on such a role.

National authorities have already invested heavily in building teams and expertise to meet MiCA’s demands.

Replacing that with a central process could result in delays in licensing and supervision.

ESMA chair Verena Ross said earlier this year that the current structure, with 27 separate supervisors preparing for the same task, may not be the most efficient model.

France backs centralised model

France, along with EU institutions, has pushed hardest for expanding ESMA’s powers.

In September, regulators from France, Austria and Italy called for ESMA to supervise major crypto firms directly, while smaller companies could remain under national watch.

This idea would create a two-tier system and offer a compromise between full centralisation and local control.

The proposal is part of a wider trend in the EU to centralise financial oversight.

Brussels has also suggested giving ESMA control over clearing houses, trading venues, and depositories.

However, some countries have resisted, arguing that giving up national control could create unnecessary bureaucracy and reduce flexibility.

The urgency of reform increased in July when ESMA raised concerns about Malta’s crypto licensing practices.

The Maltese regulator had issued MiCA approvals to several firms, prompting questions about consistency and due diligence across the EU.

This incident added weight to the argument for a more unified supervisory model.

As the Commission finalises its proposal, the crypto sector remains on edge.

Businesses are waiting to see whether their licensing and regulatory future will remain at the national level or shift entirely to an EU-wide body.

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