The ECB has supported a draft to give the European Securities and Markets Authority (ESMA) the exclusive regulatory power over major crypto companies instead of each EU member state. This is in line with the main goals of supervisory convergence, reduction of fragmentation, and cross-border risk management in crypto-asset markets. Importantly, this will be achieved while fostering financial stability and the integrity of the single market.
Firstly, the ECB’s opinion, dated last Friday, completely agreed with the idea of entrusting the oversight of systemically important cross-border capital market companies, including the major crypto platforms and crypto companies, to ESMA. Besides this, the model presented includes that ESMA should not only be the authority for the authorisation of Crypto-Asset Service Providers (CASPs) but also for the ongoing supervision and enforcement of regulatory requirements.
Highly consolidating the idea, the ECB writes that it sees this as a way towards a more regulatory-enforced, unified, and coherent crypto-assets market, which in turn will make arbitrage of regulations nearly impossible.
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Some European Union nations, like Malta, have expressed concern that the scheme is not only forward-looking but also a bit too early, given the recently enforced Markets in Crypto-Assets (MiCA) regulation.
On the other hand, the ECB believes that a centralised supervisory framework at the level of the Union for CASPs will be able to effectively tackle systemic risks and prevent the migration of risks into the banking system. Besides, the ECB pointed out that ESMA must be adequately funded and given enough personnel to handle the new task.
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A change in regulatory authority as contemplated by these proposals might have a wide-ranging impact on the operation of crypto companies under the EU. Although it might pave the way to better and more uniform regulation, it is equally possible to bring about stricter oversight and more time-consuming licensing processes.
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