Source: OJ L 150, 9.6.2023, pp. 40–205Current language: EN
- Markets in crypto-assets
Basic legislative acts
- MiCA regulation
Article 128 Cooperation with other authorities
Summary What does Article 128 of the MiCA regulation say?
This short but practically important article addresses a coordination gap that arises when issuers of significant asset-referenced tokens or significant e-money tokens operate beyond the scope of MiCA itself.
In those cases, EBA is required to cooperate with whichever authorities are responsible for supervising those other activities, whether under Union or national law.
This article directly complements the college framework established in Article 119, extending EBA's cooperative reach to supervisory bodies that sit outside that college structure, including tax authorities and third-country supervisors.
Important points:
- EBA is required to cooperate with other supervisory authorities — including tax authorities and third-country supervisors not in the Article 119 college — when significant token issuers engage in activities outside MiCA's scope.
- The cooperation obligation is triggered by the issuer's conduct, not EBA's discretion — if the issuer acts in areas beyond this Regulation, the cooperation duty applies.
- This article covers both significant asset-referenced token issuers and significant e-money token issuers equally.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Where an issuer of a significant asset-referenced token or an issuer of a significant e-money token engages in activities other than those covered by this Regulation, EBA shall cooperate with the authorities responsible for the supervision of such other activities as provided for in the relevant Union or national law, including tax authorities and relevant supervisory authorities of third countries that are not members of the college as referred to in Article 119(2), point (m).
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
official currency
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distributed ledger
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consensus mechanism
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e-money token
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crypto-asset
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DLT network node
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asset-referenced token
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issuer
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electronic money token
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distributed ledger technology