EBA final report — draft ITS reporting on ARTs and EMTs

EBA final report — draft ITS reporting on ARTs and EMTs EBA/ITS/2024/04 19 June 2024 Final Report Draft Implementing Technical Standards on the reporting on asset-referenced tokens under Article 22(7) of Regulation (EU) No 2023/1114 (MiCAR) and on e-money tokens denominated in a currency that is not an official currency of a Member State pursuant to Article 58(3) of that Regulation FINAL REPORT ON DRAFT ITS ON THE REPORTING ON ARTS AND EMTS DENOMINATED IN A NON-EU CURRENCY UNDER ARTICLE 22(7) AND 58(3) OF MICAR Contents 1.

Abbreviations 3 2.

Executive Summary 4 3.

Background and rationale 6 4.

Draft implementing technical standards 16 5.

Accompanying documents 24 2 FINAL REPORT ON DRAFT ITS ON THE REPORTING ON ARTS AND EMTS DENOMINATED IN A NON-EU CURRENCY UNDER ARTICLE 22(7) AND 58(3) OF MICAR 1.

Abbreviations AMLD Anti-money laundering directive (Directive (EU) 2015/849) AML Anti-money laundering ART Asset-referenced token CA Competent authority CASP Crypto-asset service provider CP Consultation paper CFT Countering financing of terrorism EBA European Banking Authority ECB European Central Bank EU European Union EMT E-money token FTR Funds Transfer Regulation (Regulation (EU) 2023/1113) ITS Implementing technical standards MiCAR Regulation on markets in crypto-assets (Regulation (EU) 2023/1114) RTS Regulatory Technical Standards 3 FINAL REPORT ON DRAFT ITS ON THE REPORTING ON ARTS AND EMTS DENOMINATED IN A NON-EU CURRENCY UNDER ARTICLE 22(7) AND 58(3) OF MICAR 2.

Executive Summary Regulation (EU) 2023/1114 of the European Parliament and of the Council on markets in crypto- assets (MiCAR)1 was published in the Official Journal of the European Union on 9 June 2023 and entered into force on 29 June 2023.

Article 22(1) of MiCAR requires the issuer of an asset-referenced token (ART) to report to the com- petent authority, on a quarterly basis (a) “The number of holders;

(b) The value of the asset-referenced token issued and the size of the reserve of assets;

(c) The average number and average aggregate value of transactions per day during the rele- vant quarter;

(d) an estimate of the average number and average aggregate value of transactions per day during the relevant quarter that are associated to uses [of the ART] as a means of exchange within a single currency area”.

Article 22(3) of MiCAR requires crypto-asset service providers (CASPs), that provide services related to ARTs, to provide the issuers of ARTs the information necessary for them to prepare the report referred to in Article 22(1) of MiCAR.

In support of these provisions, Article 22(7) of MiCAR mandates the EBA to develop draft imple- menting tech EBA · implementing_technical_standards_final_report · final_draft_technical_standard

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