Article 146 Amendment to Directive 2013/36/EU

Summary What does Article 146 of the MiCA regulation say?

This is a short but significant amendment article.

Rather than introducing new standalone rules, it modifies existing EU banking law — specifically Annex I of Directive 2013/36/EU (the Capital Requirements Directive) — to bring crypto-asset activities within its scope.

It does this by updating the list of activities that credit institutions are recognised as being able to carry out, adding the issuance of e-money tokens, the issuance of asset-referenced tokens, and the provision of crypto-asset services, all as defined under MiCA itself.

Important points:

Annex I of Directive 2013/36/EU is updated to formally include crypto-asset activities within the recognised activities of credit institutions.
The three newly listed activities are: issuing e-money tokens, issuing asset-referenced tokens, and providing crypto-asset services.
The definitions of these activities are drawn directly from MiCA (Regulation (EU) 2023/1114), ensuring consistency across the two regulatory frameworks.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

In Annex I to Directive 2013/36/EU, point 15 is replaced by the following:

‘Issuing electronic money including electronic-money tokens as defined in Article 3(1), point (7), of Regulation (EU) 2023/1114 of the European Parliament and of the Council(⁶⁰).
Issuance of asset-referenced tokens as defined in Article 3(1), point (6), of Regulation (EU) 2023/1114.
Crypto-asset services as defined in Article 3(1), point (16), of Regulation (EU) 2023/1114.

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