Level 2 and Level 3 measures

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Track record.

 

  • Advised on 10+ MiCA licensing processes with the AFM.

  • Established and structured 50+ crypto businesses.

  • Advised 25+ directors on AFM or DNB fit and proper assessments.

  • Set the standard for asset segregation by CASPs.

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MiCA is not limited to the regulation itself. A substantial part of the regulatory framework is set out in Level 2 and Level 3 measures, including Regulatory Technical Standards (RTS), Implementing Technical Standards (ITS), and guidelines and Q&As issued by various supervisory authorities.

 

These measures provide the operational detail behind MiCA’s core requirements. They cover, among other things, governance, internal controls, complaints handling, conflicts of interest, record-keeping, transfer services, market abuse, prudential requirements and the content of license applications and white papers.

 

The regulatory landscape is still developing. New measures are adopted, finalised or updated on an ongoing basis. Keeping track of the full framework can therefore be challenging in practice.

 

To support clients and other market participants, we have developed the tracker below. This tracker provides a structured and up-to-date overview of all relevant Level 2 and Level 3 measures under MiCA.

MiCA level 2 and level 3 tracker

ESMA Q&A

Possibility of natural persons and trusts / trustees to be authorised as CASPs

ESMA Q&A 2342 →
2
EBA Q&A

Qualification of crypto-asset service in case of exchange of EMT for other crypto-assets

EBA Q&A 2024_7084 →
3
ESMA Q&A

Scope of public offering

ESMA Q&A 2404 →
3(1)(12), 16(1), 48(1), 143(4)(5)
ESMA Q&A

Crypto-asset lending services under MiCA

ESMA Q&A 2883 →
3(1)(16)
ESMA Q&A

How to distinguish between different execution services

ESMA Q&A 2653 →
3(1)(16)
ESMA Q&A

Commingling clients' crypto-assets with crypto-assets from other entities of the group when acting as a custodian

ESMA Q&A 2578 →
3(1)(17)
ESMA Q&A

Crypto-asset transfers as component of another crypto-asset service or as a separate crypto-asset service

ESMA Q&A 2071 →
3(1)(26), 82(2)
ESMA Q&A

Proprietary trading under MiCA

ESMA Q&A 2293 →
3(1)(15)(19)(20), 76(5)
ESMA Q&A

Perimeter of advice under MiCA compared to MiFID II

ESMA Q&A 2882 →
3(1)(24)
ESMA Q&A

Exemption from white paper requirements when offering a crypto-asset other than an ART or EMT

ESMA Q&A 2671 →
4(2), 4(3)
ESMA Q&A

Authorised CASP for providing custody and administration or transfer services for crypto-assets in relation to other crypto-assets being issued after the offer to the public

ESMA Q&A 2417 →
4(5)
ESMA, EBA ITS

Standards forms, formats and templates for the purpose of making crypto-asset white papers available in a machine-readable format

EC Implementing Regulation (EU) 2024/2984 →
6(11), 19(10), 51(10)
ESMA Q&A

Machine-readable (XBLR) format requirement for modified white papers

ESMA Q&A 2845 →
6(11), 19(10), 51(10)
ESMA, EBA RTS

Content, methodologies and presentation of the information in respect of the sustainability indicators relating to adverse impacts on the climate and other environment-related adverse impacts

EC Delegated Regulation (EU) 2025/422 →
6(12), 19(11), 51(15), 66(6)
ESMA, EBA Guideline

Guidelines so that issuers of crypto-assets can maintain systems and security access protcols to appropriate Union standards

Final report (ESMA75-223375936-6089) →
14(1)
EBA Q&A

Passporting procedure for non-CI ART issuers

EBA Q&A 2024_7167 →
18, 21, 25, 109
EBA Guideline

Guidelines to specify templates to assist competent authorities in performing their supervisory duties regarding issuers' compliance with own funds and liquidity requirements in Titles III and IV of MiCA, to address gaps in the data points required under Article 22 of MiCA

Final report (EBA/GL/2024/16) →
N/A
EBA, ECB RTS

RTS on the methodology to estimate the number and value of transactions associated to uses of ARTs, and EMTs denominated in a currency that is not an official currency of a member state, as a means of exchange within a single currency area

Commission Delegated Regulation (EU) 2025/298 →
22(6)
EBA ITS

ITS on standard forms, formats and templates for the purposes of reporting referred to in Article 22(1) and the provision of information referred to in Article 22(3) (i.e. reporting related to ARTs and EMTs denominated in a currency that is not an official currency of a member state)

EC Implementing Regulation (EU) 2024/2902 →
22(7)
EBA RTS

RTS to specify the requirements for the conflicts of interest policies and procedures, and the details and methodology for the content of the disclosure of conflicts of interest for issuers of ARTs

EC Delegated Regulation (EU) 2025/1141 →
32(5)
EBA, ESMA, ECB RTS

RTS to specify adjustment of own funds requirement and minimum features of stress testing programs for issuers of ARTs or EMTs

EC Delegated Regulation (EU) 2025/415 →
35(6)
EBA RTS

RTS further specifying the liquidity requirements, taking into account the size, complexity and nature of the reserve of assets and of the ART itself.

Final report (EBA/RTS/2024/10) →
36(4)
EBA RTS

RTS specifying the financial instruments that can be considered highly liquid and bearing minimal market risk, credit risk and concentration risk as referred to in art. 38(1)

Final report (EBA/RTS/2024/11) →
38(5)
EBA RTS

RTS to establish the detailed content of information that is necessary to carry out the assessment of proposed acquisitions of qualifying holdings in issuers of ARTs

EC Delegated Regulation (EU) 2025/413 →
42(4)
EBA, ESMA, ECB Guideline

Guidelines with view to establishing the common reference parameters of the stress test scenarios for liquidity stress tests

Final report (EBA/GL/2024/08) →
45(4)
EBA RTS

RTS specifying the minimum contents of the liquidity management policy and procedures as set out in paragraph 3, and liquidity requirements, including by specifying the minimum amount of deposits in each official currency referenced, which cannot be lower than 60% of the amount referenced in each official currency

Commission Delegated Regulation (EU) 2025/1264 →
45(7)
EBA RTS

RTS specifying the procedure and timeframe for an issuers of a significant ART to adjust the amount of its own funds as required by paragraph 5

EC Delegated Regulation (EU) 2025/419 →
45(7)
EBA Guideline

Guidelines in accordance with article 16 of Regulation (EU) No 1093/2010 with a view to establishing the common reference parameters of the stress test scenarios to be included in the stress tests referred to in paragraph 4 of this Article.

Final report (EBA/GL/2024/08) →
45(8)
EBA Q&A

Qualification of crypto-asset service in case of exchange of EMT for other crypto-assets

EBA Q&A 2024_7078 →
48(2)
EBA Q&A

Passporting procedure for Cis and EMIs issuing tokens under MiCAR

EBA Q&A 2024_7168 →
48, 146
ESMA, EBA RTS

RTS to specify information to be included by certain financial entities in the notification of intention to provide crypto-asset services

EC Delegated Regulation (EU) 2025/303 →
60(13)
ESMA ITS

ITS on standards forms, templates and procedures for the notification by certain financial entities of intention to provide crypto-asset services

EC Implementing Regulation (EU) 2025/304 →
60(14)
ESMA Q&A

CASPs providing services based on an Article 60 notification

ESMA Q&A 2125 →
60
ESMA Q&A

Provision of crypto-asset services by credit institutions

ESMA Q&A 2088 →
60
ESMA Q&A

Interaction between Article 60 notifications and the CASP transitional phase

ESMA Q&A 2069 →
60, 143
ESMA GL

Guideline to specify the situations in which a third-country firm is deemed to solicit clients established or situated in the Union (reverse solicitation)

Final guidelines (ESMA35-1872330276-2030) →
61
ESMA Q&A

Offerors and CASPs’ responsibilities with regards to white papers for Title II tokens admitted to trading prior to 30 December 2024

ESMA Q&A 2654 →
ESMA Q&A

Audit / certification of CASP financial statements

ESMA Q&A 2344 →
67
ESMA Q&A

Pre-funding clients' orders with clients' crypto-assets

ESMA Q&A 2608 →
70
ESMA Q&A

Interests earned from client funds deposited at credit institutions

ESMA Q&A 2486 →
70
EBA Opinion

Opinion of EBA on the supervisory priorities at the end of the transition period under the EBA’s No Action letter on the interplay between PSD2 and MiCA

EBA Opinion on supervisory priorities →
70(4)
ESMA Q&A

Payouts in fiat currency by CASPs in the context of exchange services

ESMA Q&A 2550 →
75
ESMA Q&A

Clarification on withdrawal requirements under article 75 of MiCA for CASPs

ESMA Q&A 2320 →
75
ESMA Q&A

Custody agreements in the exercise of rights attached to crypto-assets

ESMA Q&A 2290 →
75(4)
ESMA Q&A

Application of Title II requirements to CASPs operating a trading platform for crypto-assets

ESMA Q&A 2552 →
76
ESMA RTS

RTS to further specify the manner in which transparency data, including the level of disaggregation of the data to be made available to the public, is to be presented.

EC Delegated Regulation (EU) 2025/417 →
76(16)(a)
ESMA Q&A

Publication of information by CASPs providing the service of exchange of crypto-assets for funds or other crypto-assets

ESMA Q&A 2181 →
77(2)(4)
ESMA Q&A

Scope of the term “trading platform for crypto-assets” in Article 78(5) of MiCA (executing client orders outside of a trading platform)

ESMA Q&A 2711 →
78(5)
ESMA Q&A

Overlap between offers of crypto-assets and placing

ESMA Q&A 2551 →
79
ESMA Q&A

Prohibition of monetary and non-monetary benefits under MiCA.

ESMA Q&A 2087 →
80
ESMA Guideline

Guidelines on requirements relating to investor protection (i.e. suitability requirements and format of the periodic statement for portfolio management activities under MiCA).

Final Guidelines (ESMA35-1872330276-2031) →
81(15)
ESMA, EBA Guideline

Guidelines for CASPs on the procedures and policies, including the rights of clients, in the context of transfer services for crypto-assets.

Final Guidelines (ESMA35-1872330276-2032) →
82(2)
ESMA RTS

RTS specifying the detailed content of information necessary to carry out the assessment of a proposed acquisition of a qualifying holding in a crypto-asset service provider

EC Delegated Regulation (EU) 2025/414 →
84(4)
ESMA Q&A

Personal scope of persons professionally arranging or executing transactions under MiCA

ESMA Q&A 2769 →
92(1)
ESMA RTS

RTS specifying the arrangements, systems and procedures to prevent, detect and report market abuse, the templates to be used for reporting suspected market abuse, and the coordination procedures between the competent authorities for the detection and sanctioning of market abuse in cross-border market abuse situations

Commission Delegated Regulation (EU) 2025/885 →
92(2)
ESMA Guideline

Guidelines on supervisory practices among the competent authorities to prevent and detect market abuse.

Final Guidelines →
92(3)
ESMA, EBA ITS

ITS to develop standards to establish standard forms, templates and procedures for the co-operation and exchange of information between competent authorities and ESMA/EBA.

EC Implementing Regulation (EU) 2024/2494 →
96(3)
ESMA, EBA, EIOPA Guideline

Guidelines to specify the content and form of the explanations and opinions accompanying crypto-asset whitepapers, and the standardised test for the classification of crypto-assets.

Final Guidelines (JC 2024 28) →
97(1)
EC Delegated Act

Delegated act to specify the criteria and factors to be taken into account by ESMA, EBA and competent authorities in relation to their intervention powers.

EC Delegated Regulation (EU) 2024/1507 →
103(8), 104(8), 105(7)
ESMA RTS

RTS establishing a template document for co-operation arrangements with the supervisory authorities of third countries and competent authorities.

EC Delegated Regulation (EU) 2025/292 →
107(3)
ESMA RTS

RTS to specify data necessary for the classification of crypto-asset whitepapers and practical arrangements to ensure such data is machine-readable.

EC Delegated Regulation (EU) 2025/421 →
109(8)
EC Delegated Act

Delegated act specifying the procedural rules for the exercise of the power to impose fines or periodic penalty payments by the EBA on issuers of significant ARTs and EMTs.

EC Delegated Regulation (EU) 2024/1504 →
134(10)
ESMA Statement

ESMA Statement on MiCA Transitional Measures.

Statement on MiCA transitional measures
143
ESMA Q&A

New CASPs established before (and after) 30 December 2024

ESMA Q&A 2085 →
143
ESMA Q&A

Passporting rights for entities benefiting from grandfathering

ESMA Q&A 2086 →
143
ESMA Q&A

Status of entities providing crypto-asset services as part of the grandfathering regime

ESMA Q&A 2295 →
143
ESMA Q&A

Grandfathering clause and applicable AML laws

ESMA Q&A 2068 →
143(3)
ESMA Q&A

Entities not authorised as CASPs by the end of the transition period

ESMA Q&A 2220 →
143(3)
ESMA Q&A

Entities who have not applied for, or whose application for authorisation as CASPs has been refused by the end of the transition period

ESMA Q&A 2221 →
143(3)
EBA Guideline

Guidelines on templates to assist competent authorities in performing their supervisory duties regarding information requested by NCAs from issuers of ARTs and EMTs.

Final report on Guidelines (EBA/GL/2024/16) →
ESMA Statement

Statement to support the smooth implementation of MiCA data standards and format requirements

ESMA Statement →
AFM FAQ

FAQ on general MiCA matters, asset segregation in the Netherlands, and ICT-risk management

AFM FAQ →

Contact us.

Are you launching a crypto or blockchain-related project, assessing the regulatory treatment of a product or service, or looking for legal advice on a more complex digital finance matter?

 

Watsonlaw advises on a broad range of crypto- and blockchain-related legal issues, including MiCA, stablecoins, payment services and e-money, investment funds investing in crypto-assets, tokenisation of financial instruments, DeFi-related structures and other innovative business models.

 

We are happy to assist with the legal qualification of your activities, the structuring of your product or service, the applicable legal framework and the next steps for your business or project.

 

Would you like to know more? Please contact Willem-Jan Smits or Rens Kattenbelt.

Download Whitepaper MiCA

Download the MiCA Whitepaper.

The draft Markets in Crypto-Assets (MiCA) Regulation was released by the European Commission in September 2020. As with most markets-focused regulations, one of MiCA’s priorities is to limit the potential risks to the consumer. But the EC’s proposal also aims to address certain issues that it sees as hindering the EU crypto-asset sector. In the MiCA Whitepaper we therefore extensively discuss various topics that may be important for issuers and crypto service providers.

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