Art. 144 Amendment to Regulation (EU) No 1093/2010 | MiCA regulation | MiCA

This is a technical amendment article that modifies an existing piece of EU legislation rather than creating new standalone obligations.

Specifically, it amends the founding regulation of the European Banking Authority (EBA) — Regulation (EU) No 1093/2010 — by updating the list of legal acts within which EBA is empowered to operate.

The key change is the addition of this regulation (MiCA, Regulation (EU) 2023/1114) to EBA's formal scope of action, ensuring that EBA has a clear legal basis to exercise its powers in relation to crypto-assets, particularly as they concern credit and financial institutions and their supervisors.

Important points:

EBA's mandate is formally extended to cover MiCA, meaning EBA now has explicit authority to act within the scope of crypto-asset markets regulation.
This amendment connects directly to the supervisory responsibilities assigned to EBA elsewhere in MiCA, such as oversight of issuers of significant asset-referenced tokens and significant e-money tokens.
The scope of EBA's action under the updated provision applies to the extent that the listed acts concern credit and financial institutions and the competent authorities that supervise them.

In Article 1(2) of Regulation (EU) No 1093/2010, the first subparagraph is replaced by the following:

‘The Authority shall act within the powers conferred by this Regulation and within the scope of Directive 2002/87/EC, Directive 2008/48/EC(⁴⁸), Directive 2009/110/EC, Regulation (EU) No 575/2013(⁴⁹), Directive 2013/36/EU(⁵⁰), Directive 2014/49/EU(⁵¹), Directive 2014/92/EU(⁵²), Directive (EU) 2015/2366(⁵³), Regulation (EU) 2023/1114(⁵⁴) of the European Parliament and of the Council and, to the extent that those acts apply to credit and financial institutions and the competent authorities that supervise them, within the relevant parts of Directive 2002/65/EC, including all directives, regulations, and decisions based on those acts, and of any further legally binding Union act which confers tasks on the Authority. The Authority shall also act in accordance with Council Regulation (EU) No 1024/2013(⁵⁵).

Article 144 Amendment to Regulation (EU) No 1093/2010

Relevant recitals