Art. 142 Report on latest developments in crypto-assets | MiCA regulation | MiCA

This article is a forward-looking provision that requires the Commission to report to the European Parliament and the Council on crypto-asset developments that fall outside the current scope of this Regulation.

It complements Article 140, which covers the broader review of the Regulation itself, by focusing specifically on areas the Regulation does not yet address.

The report must cover four key frontier topics in crypto markets — decentralised finance, crypto-asset lending and borrowing, e-money token transfer services, and non-fungible tokens — and must be accompanied by a legislative proposal where appropriate.

Important points:

The Commission is required to present this report by 30 December 2024, after consulting EBA and ESMA.
The report must assess the necessity and feasibility of regulating decentralised finance, crypto-asset lending and borrowing, and the NFT market — areas currently outside the Regulation's scope.
A legislative proposal must accompany the report where the Commission considers it appropriate.

1. By 30 December 2024 and after consulting EBA and ESMA, the Commission shall present a report to the European Parliament and the Council on the latest developments with respect to crypto-assets, in particular on matters that are not addressed in this Regulation, accompanied, where appropriate, by a legislative proposal.
1. The report referred to in paragraph 1 shall contain at least the following:
  1. an assessment of the development of decentralised-finance in markets in crypto-assets and of the appropriate regulatory treatment of decentralised crypto-asset systems without an issuer or crypto-asset service provider, including an assessment of the necessity and feasibility of regulating decentralised finance;
  2. an assessment of the necessity and feasibility of regulating lending and borrowing of crypto-assets;
  3. an assessment of the treatment of services associated to the transfer of e-money tokens, where not addressed in the context of the review of Directive (EU) 2015/2366;
  4. an assessment of the development of markets in unique and non-fungible crypto-assets and of the appropriate regulatory treatment of such crypto-assets, including an assessment of the necessity and feasibility of regulating offerors of unique and non-fungible crypto-assets as well as providers of services related to such crypto-assets.

Article 142 Report on latest developments in crypto-assets

Relevant recitals