Source: OJ L, 2025/415, 24.3.2025

Current language: EN

RTS on stress test programmes

COMMISSION DELEGATED REGULATION (EU) 2025/415

of 13 December 2024

supplementing Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to regulatory technical standards specifying adjustment of own funds requirement and minimum features of stress testing programmes of issuers of asset-referenced tokens or of e-money tokens

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937(1)OJ L 150, 9.6.2023, p. 40, ELI: http://data.europa.eu/eli/reg/2023/1114/oj., and in particular Article 35(6), third subparagraph, thereof,

Whereas:

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Recital 1

Requirements set out in Article 35(3) and (5) of Regulation (EU) 2023/1114 also apply to electronic money institutionsmeans an electronic money institution as defined in Article 2, point (1), of Directive 2009/110/EC; issuing significant e-money tokens in accordance with Article 58(1), point (b), of that Regulation and, where required by the competent authoritymeans one or more authorities:designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens; under Article 58(2) of that Regulation, to electronic money institutionsmeans an electronic money institution as defined in Article 2, point (1), of Directive 2009/110/EC; issuing e-money tokens that are not significant.

Recital 2

When assessing the circumstances requiring higher own fundsmeans funds as defined in Article 4, point (25), of Directive (EU) 2015/2366; for issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or e-money tokens, the competent authoritiesmeans one or more authorities:designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens; should consider the impact a failure of the tokens could have on financial stability, including large-scale redemptions, trigger of sales at extremely discounted prices due to financial distress of reserve assets or depositmeans a deposit as defined in Article 2(1), point (3), of Directive 2014/49/EU; withdrawals, potentially causing significant market disruptions, possible negative consequences for funding, and systemic risks across the financial system.

Recital 3

Given the novelty of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; and e-money tokens and their issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets;, no universal risks assessment framework exists. Therefore, when deciding whether an increase in own fundsmeans funds as defined in Article 4, point (25), of Directive (EU) 2015/2366; requirement is justified, competent authoritiesmeans one or more authorities:designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens; should perform the evaluation on any relevant issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; on a case-by-case basis following a broad assessment of all the relevant risk criteria set out in Article 35(3) of Regulation (EU) 2023/1114. Requiring a possible increase of own fundsmeans funds as defined in Article 4, point (25), of Directive (EU) 2015/2366; requirements should depend on issuer-specific circumstances. Issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or e-money tokens that are subject to such own fundsmeans funds as defined in Article 4, point (25), of Directive (EU) 2015/2366; requirements should always be adequately capitalised for the risks they face. All relevant historical and current information available should be used for the said broad assessment and evaluation. Generally, increases in own fundsmeans funds as defined in Article 4, point (25), of Directive (EU) 2015/2366; requirements should only be requested when there is a higher degree of risk, which is not already covered, and the measures of the relevant issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; are insufficiently effective to reduce the risks.

HAS ADOPTED THIS REGULATION:

  1. Article 1Scope of application
  2. Article 2Procedure
  3. Article 3Timeframe
  4. Article 4Criteria
  5. Article 5Design of stress testing programme
  6. Article 6Type of stress testing
  7. Article 7Minimum frequency of the different stress testing exercises
  8. Article 8Internal governance arrangements under the stress testing exercises
  9. Article 9Relevant data infrastructure for stress testing programmes
  10. Article 10Methodology, common reference parameters and the plausibility of assumptions
  11. Article 11Entry into force

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 December 2024.

For the Commission

The President

Ursula VON DER LEYEN

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