Source: OJ L, 2025/306, 31.3.2025Current language: EN
ITS on CASP authorisation
COMMISSION IMPLEMENTING REGULATION (EU) 2025/306
of 31 October 2024
laying down implementing technical standards for the application of Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to standard forms, templates and procedures for the information to be included in the application for authorisation as a crypto-asset service provider
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937(1)OJ L 150, 9.6.2023, p. 40, ELI: http://data.europa.eu/eli/reg/2023/1114/oj., and in particular Article 62(6), third subparagraph thereof,
Whereas:
Recital 1Designated contact point for CASP authorisation applications
To facilitate communication between legal persons or other undertakings seeking authorisation as a crypto-asset service providers in accordance with Article 62 of Regulation (EU) 2023/1114 (‘applicants’) and competent authorities, competent authorities should designate a contact point specifically for receiving the applications for authorisation as a crypto-asset service provider and should publish the information on the contact point on their website.
Recital 2Accuracy and timeliness of application information
The information submitted by the applicant should be true, accurate, complete and up-to-date from the moment of submission of the application until the moment of granting the authorisation. Given that some information may only refer to the future, any future date included in the information should be specifically identified in the application.
Recital 3Acknowledgement of receipt for authorisation applications
To ensure a prompt and timely handling of applications for the authorisation of crypto-asset service providers, competent authorities should confirm the receipt of the application by sending electronically, on paper, or in both forms, an acknowledgement of receipt to the applicant. That acknowledgement of receipt should include the contact details of the persons or function in charge of handling the application for authorisation.
Recital 4Obligation to notify changes to submitted information
To allow competent authorities to base their assessment of the application for authorisation on accurate information, applicants should communicate to competent authorities any changes to the information provided in the application for authorisation, without undue delay. In that case, the time limits for the assessment of the application laid down in Article 63(9) of Regulation (EU) 2023/1114 should start from the date on which the updated information is received by the competent authority.
Recital 5Competent authorities’ requests for additional information
Competent authorities should be able to request additional information from the applicant during the assessment in accordance with the criteria and timelines laid down in Article 63(12) of Regulation (EU) 2023/1114.
Recital 6ESMA draft technical standards as regulatory basis
This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Securities and Markets Authority, in close cooperation with the European Banking Authority.
Recital 7ESMA public consultation and stakeholder group advice
The European Securities and Markets Authority has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council(2)Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84, ELI: http://data.europa.eu/eli/reg/2010/1095/oj).,
HAS ADOPTED THIS REGULATION:
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 October 2024.
For the Commission
The President
Ursula VON DER LEYEN
- designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;
- designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens;