Art. 138 Delegation of tasks by EBA to competent authorities | MiCA regulation | MiCA

1. Where necessary for the proper performance of a supervisory task in respect of issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; 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 issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant e-money tokens, EBA may delegate specific supervisory tasks to a 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;. Such specific supervisory tasks may include the power to carry out requests for information in accordance with Article 122 and to conduct investigations and on-site inspections in accordance with Article 123 or 124.
1. Before delegating a task as referred to in paragraph 1, EBA shall consult the relevant 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; about:
  1. the scope of the task to be delegated;
  2. the timetable for the performance of the task; and
  3. the transmission of necessary information by and to EBA.
1. In accordance with the delegated act on fees adopted by the Commission pursuant to Article 137(3) and Article 139, EBA shall reimburse a 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; for the costs incurred as a result of carrying out delegated tasks.
1. EBA shall review the delegation of tasks at appropriate intervals. Such delegation may be revoked at any time.