ITS on notification of crypto-asset service provision

The information submitted by the notifying entity should be accurate, complete and up-to-date. Pursuant to Article 60(9) of Regulation (EU) 2023/1114, where the information referred to in Commission Delegated Regulation (EU) 2025/303(²)Commission Delegated Regulation (EU) 2025/303 of 31 October 2024 supplementing Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to regulatory technical standards specifying the information to be included by certain financial entities in the notification of their intention to provide crypto-asset services (OJ L, 2025/303, 20.2.2025, ELI: http://data.europa.eu/eli/reg_del/2025/303/oj). has previously been submitted to the competent authoritymeans one or more authorities: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;, the notifying entity is to expressly state that any information that was submitted previously is still up-to-date. Given that some information may only refer to the future, any future date included in the information should be specifically identified in the application.

To ensure a prompt and timely handling of notifications from financial entities, competent authoritiesmeans one or more authorities: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; should confirm the receipt of the notification by sending electronically, on paper, or in both forms, an acknowledgement of receipt to the notifying entity. That acknowledgement of receipt should include the contact details of the persons or function in charge of handling the notification.

To allow the competent authoritymeans one or more authorities: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; to assess whether all required information has been provided in the notification in accordance with Article 60(8), first subparagraph, of Regulation (EU) 2023/1114, the notifying entity should communicate any changes to the information provided without undue delay.

This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Securities and Markets Authority (‘ESMA’) and developed in close cooperation with the European Banking Authority.

ESMA 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(³)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).,