The European Securities and Markets Authority (ESMA), the bloc’s securities watchdog, warned that investors will not be protected under European Union rules for crypto asset markets until late 2024 at the earliest.
According to a statement from ESMA on Tuesday, as reported by Reuters, investors were advised to brace for the possibility of total losses.
The EU emerged as the first global jurisdiction to endorse a comprehensive set of rules intended to regulate markets for crypto assets such as Bitcoin, with the legislation coming into effect in June. However, full implementation of these rules, known as the Markets in Crypto-assets (MiCA), is not expected until December 2024.
Reuters stated that the need for strict crypto regulation has been underscored by recent events, including the collapse of FTX and the drastic volatility of Bitcoin prices. However, it is worth noting that Bitcoin has maintained one of the tightest bandwidths ever in 2023.
Currently, crypto assets are still not regulated under EU securities rules, and until the MiCA rules are fully implemented, investors will not benefit from regulatory oversight or redress mechanisms at the EU level.
The ESMA statement warned that even with MiCA enforced, no crypto asset would be considered completely ‘safe’ for retail investors, Reuters reported. Crypto assets, ESMA pointed out, are susceptible to new operational and security risks, leaving investors wondering whether they could bear the brunt of losing all the money they plan to invest.
It was also clarified that full protection may remain elusive in EU states offering an 18-month transition period allowing crypto companies to operate without an EU license. Consequently, customers can remain uncovered until at least July 2026. ESMA noted that a significant portion of crypto companies are likely to continue operating under the transitional conditions until mid-2026.
Crypto companies outside the EU are allowed to offer services to customers within the bloc. However, delivery will only take place in specific cases where the services have been specifically requested, and even then, on a “strictly limited” basis. This exemption, ESMA warned, should not be abused to circumvent MiCA regulations.
The watchdog plans to work with national regulators to speed up the application of MiCA rules, stressing that the EU should not be seen as a haven for “forum shopping or illegal practices”.
Earlier this month, ESMA took another step towards enforcing MiCA by launching its second consultation package. According to ESMA’s announcement on October 5, the regulator is seeking feedback from stakeholders in five key areas: sustainability indicators for distributed ledgers, insider disclosure, technical requirements for white papers, trade transparency measures, and record keeping and business continuity requirements for cryptocurrencies. asset services providers.
Stakeholders are encouraged to provide feedback by December 14. With plans to submit draft technical standards to the European Commission by June 30, 2024, ESMA is proactively working towards the full implementation of MiCA. More details on the transition period and timetable for MiCA measures are expected in the third consultation package, due in the first quarter of 2024.
