Consultation on the Guidelines under MiCA establishing templates for explanations and legal opinions regarding the classification of crypto-assets

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Responding to this consultation

The European Supervisory Authorities (EBA, EIOPA and ESMA) (ESAs) invite comments on all proposals put forward in this paper and, in particular, on the specific questions summarised in 5.2. 

Comments are most helpful if they:

  • respond to the question stated;
  • indicate the specific point to which a comment relates;
  • contain a clear rationale; 
  • provide evidence to support the views expressed/ rationale proposed; and
  • describe any alternative regulatory choices the ESAs should consider.

Submission of responses

To submit your comments, click on the ‘send your comments’ button on the consultation page by 12 October 2024. Please note that comments submitted after this deadline, or submitted via other means may not be processed. 

Publication of responses

Please clearly indicate in the consultation form if you wish your comments to be disclosed or to be treated as confidential. A confidential response may be requested from us in accordance with the ESAs’ rules on public 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 the Board of Appeal of the respective ESA(s) and the European Ombudsman.

The responses are available on the EBA's website.

Data protection

The protection of individuals with regard to the processing of personal data by the ESAs is based on Regulation (EU) 1725/2018 of the European Parliament and of the Council of 23 October 2018. Further information on data protection can be found under the Legal notice section of each ESA’s website.

Consultation Paper MiCA Art 97 - flow chart