ESMA consultation paper — MiCA market-abuse RTS and guidelines

ESMA consultation paper — MiCA market-abuse RTS and guidelines 25 March 2023 ESMA75-453128700-1002 Consultation Paper Draft technical standards and guidelines specifying certain requirements of the Markets in Crypto Assets Regulation (MiCA) on detection and prevention of market abuse, investor protection and operational resilience – third consultation paper Responding to this paper ESMA invites comments on all matters in this paper and in particular on the specific questions summarised in Annex I.

Comments are most helpful if they: • respond to the question stated; • indicate the specific question to which the comment relates; • contain a clear rationale; and • describe any alternatives ESMA should consider.

ESMA will consider all comments received by Tuesday, 25 June 2024.

All contributions should be submitted online at www.esma.europa.eu under the heading ‘Your input - Consultations’.

Publication of responses All contributions received will be published following the close of the consultation unless you request otherwise.

Please clearly and prominently indicate in your submission any part you do not wish to be publicly disclosed.

A standard confidentiality statement in an email message will not be treated as a request for non-disclosure.

A confidential response may be requested from us in accordance with ESMA’s rules on access to documents.

We may consult you if we receive such a request.

Any decision we make not to disclose the response is reviewable by ESMA’s Board of Appeal and the European Ombudsman.

Data protection Information on data protection can be found at www.esma.europa.eu under the heading ‘Data protection’.

Who should read this paper? All interested stakeholders are invited to respond to this consultation paper.

In particular, ESMA invites investors and their associations, crypto-asset issuers, crypto-asset service providers, offerors and persons seeking admission to trading of crypto-assets, financial entities dealing with crypto-assets and any other stakeholders that have an interest in the market for crypto-assets.

1 List of acronyms AIF Alternative investment fund ART Asset-referenced token CASP Crypto-asset service provider DLT Distributed ledger technology EBA European Banking Authority EMT Electronic money token ESMA European Securities and Markets Authority ESAs European Supervisory Authorities ICT Information and communications technology ITS Implementing technical standards MAR Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (MAR) MiCA Regulation (EU) 2023/1114 of the European Parliament and the Council of 31 May 2023 on markets in ESMA · consultation_paper · consultation_draft_non_final

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