ESMA Releases Second Consultative Paper on MiCA Mandates, Focuses on Sustainability and Transparency

At the core of the discussion is the proposal for sustainability indicators for distributed ledgers.

On October 5, the European Securities and Markets Authority (ESMA), the EU’s primary markets regulator, unveiled its second consultative paper focused on the Markets in Crypto-Assets (MiCA) mandates.

This comprehensive 307-page report is an invitation for stakeholders to share their perspectives on five specific MiCA areas.

At the core of the discussion is the proposal for sustainability indicators for distributed ledgers.

These indicators emphasize both quantitative metrics, such as energy consumption, greenhouse gas emissions, and waste production, and qualitative insights on the environmental consequences of using equipment by blockchain nodes.

Another pivotal aspect revolves around the disclosure of inside information, ensuring that relevant data stays transparent and accessible.

The ESMA has also pinpointed the necessity for technical prerequisites for white papers, which would guide the foundational design of crypto projects and their respective public presentations.

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Further, in a move to bolster trading transparency, the ESMA has recommended that Crypto-Asset Service Providers (CASPs) disclose crucial trading details.

This encompasses data like trading date and time, the specific crypto-asset involved, pricing details, transaction volume, execution location, and the unique transaction ID.

Notably, while CASPs would have flexibility in how they store transactional data, the ESMA mandates that they must be capable of converting this data into a predetermined format upon request by authorities.

As the ESMA continues to refine its approach towards regulating the burgeoning crypto market, stakeholders can anticipate another consultative paper in Q1 2024.

The culmination of these consultations will be a final report, which will serve as a foundation for the draft technical standards expected to be presented to the European Commission by June 30, 2024.

It’s worth noting that the ESMA had previously issued a consultation paper in July, where they highlighted the need for crypto companies registering under MiCA to furnish additional details to the national authorities of their registration country.

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