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Articles / mica-regulation / Response to consultation on Guidelines on templates for explanations and opinions, and the standardised test for the classification of crypto-assets under MiCAR

Response to consultation on Guidelines on templates for explanations and opinions, and the standardised test for the classification of crypto-assets under MiCAR

Jun 2, 2026 · Source: eba.europa.eu · Topic:  mica-regulation

§ 01 Executive Snapshot

  • What: Response to consultation on guidelines for crypto-assets classification under MiCAR.
  • Who: FECIF (European Federation of Financial Intermediaries and Financial Advisers) and ESAs (European Supervisory Authorities).
  • Why it matters: This response addresses the regulatory framework for crypto-assets, impacting compliance and market development in Europe.

§ 02 Key Developments

  • FECIF supports the comprehensive template for legal opinions but calls for clarification on conflicts of interest and the inclusion of international bodies in legal sources.
  • The organization emphasizes the need for adapting templates to evolving market conditions and legal frameworks, particularly regarding existing unregulated instruments.
  • FECIF finds the standardised test useful but suggests it should include examples and clarify the definitions of crypto-assets and their classifications.

§ 03 Strategic Context

  • The MiCAR regulation aims to create a unified legal framework for crypto-assets across the EU, addressing the rapid evolution of technology and market practices.
  • The consultation process is part of a broader effort to ensure regulatory clarity and investor protection in the rapidly growing crypto market.

§ 04 Strategic Implications

  • Immediate implications include the need for institutions to adapt their compliance frameworks to align with the new guidelines emerging from this consultation.
  • Long-term implications may involve increased regulatory scrutiny of hybrid financial instruments that blur the lines between traditional finance and innovative crypto solutions.

§ 05 Risks & Constraints

  • Potential regulatory risks arise from the evolving nature of crypto-assets and the difficulties in defining and enforcing classifications without clear guidelines.
  • Competition from unregulated markets may lead to challenges in enforcing compliance and could create incentives for bad actors in the crypto space.

§ 06 Watchlist / Forward Signals

  • Future developments will signal the success of this regulatory approach, particularly how the authorities address grey areas and hybrid instruments in subsequent regulations.
  • The timeline for the implementation of these guidelines and any adjustments based on market feedback will be critical to monitor for industry stakeholders.
§ 07

Frequently Asked Questions

What is the purpose of the consultation on guidelines for crypto-assets classification under MiCAR?

The consultation aims to address the regulatory framework for crypto-assets, impacting compliance and market development in Europe.

Who is involved in the response to the consultation on crypto-assets?

The response involves FECIF (European Federation of Financial Intermediaries and Financial Advisers) and ESAs (European Supervisory Authorities).

How does FECIF view the standardised test for crypto-assets?

FECIF finds the standardised test useful but suggests it should include examples and clarify the definitions of crypto-assets and their classifications.

What are the potential risks mentioned regarding the classification of crypto-assets?

Potential regulatory risks arise from the evolving nature of crypto-assets and the difficulties in defining and enforcing classifications without clear guidelines.

§ 08

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