Source: OJ L 150, 9.6.2023, pp. 40–205

Current language: EN

Article 93 Competent authorities


Summary What does Article 93 of the MiCA regulation say?

This is a foundational organisational article that establishes how supervision of the regulation is structured at the national level.

It requires each Member State to designate the national authority or authorities responsible for carrying out the regulation's functions, and to notify EBA and ESMA of those designations.

Where a Member State opts to spread supervisory responsibility across more than one authority, it must clearly divide their tasks and nominate a single point of contact to facilitate cross-border cooperation.

ESMA then consolidates this information by publishing a public list of all designated authorities.

This article underpins the broader supervisory framework that subsequent articles in the regulation build upon.

Important points:

  • Member States are required to designate national competent authorities for the regulation and notify EBA and ESMA of their identity.
  • Where multiple competent authorities are designated, Member States must define their respective tasks and appoint a single point of contact for cross-border administrative cooperation.
  • ESMA is required to publish a list of all designated competent authorities on its website.

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

    1. Member States shall designate the competent authorities responsible for carrying out the functions and duties provided for in this Regulation. Member States shall notify those competent authorities to EBA and ESMA.

    1. Where Member States designate more than one competent authority pursuant to paragraph 1, they shall determine their respective tasks and designate one competent authority as the single point of contact for cross-border administrative cooperation between competent authorities as well as with EBA and ESMA. Member States may designate a different single point of contact for each of those types of administrative cooperation.

    1. ESMA shall publish on its website a list of the competent authorities designated in accordance with paragraphs 1 and 2.

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