Art. 145 Amendment to Regulation (EU) No 1095/2010 | MiCA regulation | MiCA

This is an amending article, meaning it does not stand alone but instead modifies an existing piece of EU legislation — specifically Regulation (EU) No 1095/2010, which established the European Securities and Markets Authority (ESMA).

The article updates the description of ESMA's scope of action to formally include this regulation (MiCA) alongside its existing list of mandating legislation.

In practical terms, this means ESMA's authority now explicitly extends to crypto-asset issuers, offerors, persons seeking admission to trading, and crypto-asset service providers, as well as the competent authorities that supervise them.

Important points:

ESMA's mandate is formally extended to cover MiCA, placing crypto-asset market participants within its supervisory scope.
The extension of ESMA's powers applies to the extent that the listed acts govern firms providing investment services, collective investment undertakings, and crypto-asset market participants and their supervisors.
This article connects directly to the broader architecture of MiCA, complementing Article 144 which makes the equivalent amendment to EBA's founding regulation.

In Article 1(2) of Regulation (EU) No 1095/2010, the first subparagraph is replaced by the following:

‘The Authority shall act within the powers conferred by this Regulation and within the scope of Directives 97/9/EC, 98/26/EC, 2001/34/EC, 2002/47/EC, 2004/109/EC, 2009/65/EC, Directive 2011/61/EU of the European Parliament and of the Council(⁵⁶), Regulation (EC) No 1060/2009 and Directive 2014/65/EU of the European Parliament and of the Council(⁵⁷), Regulation (EU) 2017/1129 of the European Parliament and of the Council(⁵⁸), Regulation (EU) 2023/1114 of the European Parliament and of the Council(⁵⁹) and to the extent that those acts apply to firms providing investment services or to collective investment undertakings marketing their units or shares, issuers or offerors of crypto-assets, persons seeking admission to trading or crypto-asset service providers and the competent authorities that supervise them, within the relevant parts of, Directives 2002/87/EC and 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.

Article 145 Amendment to Regulation (EU) No 1095/2010

Relevant recitals