ESMA announces consultation on CASP staff competence under MiCA

The European Securities and Markets Authority (ESMA) has initiated a consultation on the criteria for assessing the knowledge and competence of staff at Crypto-Asset Service Providers (CASPs) who offer advice on crypto-assets or related services under the Markets in Crypto-Assets Regulation (MiCA). This announcement was made in a press release dated February 17, 2025.

According to ESMA, stakeholder input is being sought on several matters, including the minimum requirements for the knowledge and competence of staff providing information or advice on crypto-assets or crypto-asset services. Additionally, organizational requirements for CASPs to assess, maintain, and update their staff's knowledge and competence are also under consideration. Responses should address specific questions outlined in Annex I, providing clear rationale and any alternative suggestions. All comments are due by April 22, 2025, with submissions required to be made online.

All received comments will be published unless a request for non-disclosure is made. Respondents should clearly mark any confidential parts of their submissions. Personal data will be published unless confidentiality is requested; stakeholders are advised not to include personal data if they prefer privacy. ESMA encourages responses from crypto-asset service providers, investors, financial entities, and other relevant stakeholders.

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According to the European Union, MiCA establishes uniform rules for crypto-asset issuers and service providers not covered by existing EU laws. It aims to ensure transparency, consumer protection, and market stability with specific obligations for different types of crypto-assets, including e-money and asset-referenced tokens. The regulation became effective on December 30, 2024, including provisions on governance, disclosure, and preventing market abuse with oversight by EU authorities like the European Banking Authority (EBA) and ESMA.

ESMA serves as the EU's financial markets regulator focusing on investor protection, orderly markets, and financial stability. Established in 2011 following the de Larosière report recommendations, ESMA promotes consistent supervision across Member States while collaborating with banking and insurance authorities and reporting to EU institutions.