Article 130 Supervisory measures by EBA

1. adopt a decision requiring the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; to cease the conduct constituting the infringement;

2. adopt a decision imposing fines or periodic penalty payments pursuant to Articles 131 and 132;

3. adopt a decision requiring the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; to transmit supplementary information, where necessary for the protection of holders of the asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies;, in particular retail holdersmeans any natural person who is acting for purposes which are outside that person’s trade, business, craft or profession;;

4. adopt a decision requiring the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; to suspend an offer to the publicmeans a communication to persons in any form, and by any means, presenting sufficient information on the terms of the offer and the crypto-assets to be offered so as to enable prospective holders to decide whether to purchase those crypto-assets; of crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; for a maximum period of 30 consecutive working days on any single occasion where it has reasonable grounds for suspecting that this Regulation has been infringed;

5. adopt a decision prohibiting an offer to the publicmeans a communication to persons in any form, and by any means, presenting sufficient information on the terms of the offer and the crypto-assets to be offered so as to enable prospective holders to decide whether to purchase those crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; where it finds that this Regulation has been infringed or where it has reasonable grounds for suspecting that it will be infringed;

6. adopt a decision requiring the crypto-asset service providermeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; operating a trading platform for crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; that has admitted to trading the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; to suspend trading of such crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; for a maximum of 30 consecutive working days on any single occasion where it has reasonable grounds for suspecting that this Regulation has been infringed;

7. adopt a decision prohibiting trading of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; on a trading platform for crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; where it finds that this Regulation has been infringed;

8. adopt a decision requiring the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; to amend its marketing communications, where it finds that the marketing communications do not comply with Article 29;

9. adopt a decision to suspend or prohibit marketing communications where there are reasonable grounds for suspecting that this Regulation has been infringed;

10. adopt a decision requiring the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; to disclose all material information which might have an effect on the assessment of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; offered to the public or admitted to trading in order to ensure consumer protection or the smooth operation of the market;

11. issue warnings that the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; fails to fulfil its obligations under this Regulation;

12. withdraw the authorisation of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies;;

13. adopt a decision requiring the removal of a natural person from the management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity; of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies;;

14. require the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; under its supervision to introduce a minimum denomination amount in respect of that significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or to limit the amount of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; issued, in accordance with Article 23(4) and Article 24(3).

1. adopt a decision requiring the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant e-money token to cease the conduct constituting the infringement;

2. adopt a decision imposing fines or periodic penalty payments pursuant to Articles 131 and 132;

3. adopt a decision requiring the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant e-money token to transmit supplementary information where necessary for the protection of holders of the significant e-money token, in particular retail holdersmeans any natural person who is acting for purposes which are outside that person’s trade, business, craft or profession;;

4. adopt a decision requiring the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant e-money token to suspend an offer to the publicmeans a communication to persons in any form, and by any means, presenting sufficient information on the terms of the offer and the crypto-assets to be offered so as to enable prospective holders to decide whether to purchase those crypto-assets; of crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; for a maximum period of 30 consecutive working days on any single occasion where it has reasonable grounds for suspecting that this Regulation has been infringed;

5. adopt a decision prohibiting an offer to the publicmeans a communication to persons in any form, and by any means, presenting sufficient information on the terms of the offer and the crypto-assets to be offered so as to enable prospective holders to decide whether to purchase those crypto-assets; of the significant e-money token where it finds that this Regulation has been infringed or where it has reasonable grounds for suspecting that it will be infringed;

6. adopt a decision requiring the relevant crypto-asset service providermeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; operating a trading platform for crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; that has admitted to trading significant e-money tokens to suspend trading of such crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; for a maximum of 30 consecutive working days on any single occasion where it has reasonable grounds for suspecting that this Regulation has been infringed;

7. adopt a decision prohibiting trading of significant e-money tokens on a trading platform for crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; where it finds that this Regulation has been infringed;

8. adopt a decision requiring the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant e-money token to disclose all material information which might have an effect on the assessment of the significant e-money token offered to the public or admitted to trading in order to ensure consumer protection or the smooth operation of the market;

9. issue warnings that the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant e-money token fails to fulfil its obligations under this Regulation;

10. require the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant e-money token under its supervision to introduce a minimum denomination amount in respect of that significant e-money token or to limit the amount of the significant e-money token issued, as a result of the application of Article 58(3).

1. the duration and frequency of the infringement;

2. whether financial crime has been occasioned, facilitated or is otherwise attributable to the infringement;

3. whether the infringement has revealed serious or systemic weaknesses in the procedures, policies and risk management measures of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant e-money tokens;

4. whether the infringement has been committed intentionally or negligently;

5. the degree of responsibility of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant e-money token responsible for the infringement;

6. the financial strength of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies;, or of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant e-money token, responsible for the infringement, as indicated by the total turnover of the responsible legal person or the annual income and net assets of the responsible natural person;

7. the impact of the infringement on the interests of holders of significant asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or significant e-money tokens;

8. the importance of the profits gained, losses avoided by the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or significant e-money token responsible for the infringement or the losses for third parties caused by the infringement, insofar as they can be determined;

9. the level of cooperation of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant e-money token responsible for the infringement with EBA, without prejudice to the need to ensure disgorgement of profits gained or losses avoided by that person;

10. previous infringements by the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or by the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the e-money token responsible for the infringement;

11. measures taken by the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or by the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant e-money token after the infringement to prevent the repetition of such an infringement.

Before taking any of the measures as referred to in paragraph 1, points (d) to (g), and point (j), EBA shall inform ESMA and, where the significant asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; are referencing the euro or an official currencymeans an official currency of a country that is issued by a central bank or other monetary authority; of a Member State that is not the euro, the ECB or the central bank of the Member State concerned issuing that official currencymeans an official currency of a country that is issued by a central bank or other monetary authority;, respectively.

Before taking any of the measures as referred to in paragraph 2, EBA shall inform 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; of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant e-money token and the central bank of the Member State whose official currencymeans an official currency of a country that is issued by a central bank or other monetary authority; the significant e-money token is referencing.

EBA shall notify any measure taken pursuant to paragraph 1 or 2 to the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the significant e-money token responsible for the infringement without undue delay and shall communicate that measure to the 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; concerned as well as to the Commission. EBA shall publicly disclose any such decision on its website within 10 working days of the date of adoption of such decision, unless such disclosure would seriously jeopardise financial stability or cause disproportionate damage to the parties involved. Such disclosure shall not contain personal datameans personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679;.

1. a statement affirming the right of the person responsible for the infringement to appeal the decision before the Court of Justice;

2. where relevant, a statement affirming that an appeal has been lodged and specifying that such an appeal does not have suspensive effect;

3. a statement asserting that it is possible for EBA’s Board of Appeal to suspend the application of the contested decision in accordance with Article 60(3) of Regulation (EU) No 1093/2010.