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Publication 05 Dec 2024 · International

Understanding MiCAR’s transitional regimes and its implications for EU crypto businesses

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05.12.2024

The Markets in Crypto-Assets Regulation (MiCAR) represents a pivotal development for crypto-asset service providers (CASPs) across the European Union. Designed to harmonise regulations, MiCAR introduces transitional regimes that bridge the gap between existing national frameworks and its full implementation by 30 December 2025. These transitional measures provide market participants with the necessary time to secure authorisation and align their operations with MiCAR's requirements.

The pace and specifics of implementation, however, vary significantly across Member States, creating both challenges and opportunities. Countries like Austria, Germany, and the Netherlands exemplify proactive regulatory support, while Croatia, France, Italy, Luxembourg, and Spain are advancing frameworks tailored to their national contexts. Meanwhile, jurisdictions like Poland and the Czech Republic, where regulations are still being finalised, underscore the complexity of adopting a harmonised EU-wide standard.

For CASPs, early strategic planning is essential. Businesses must assess their operational readiness, legal compliance, and local market conditions to effectively navigate MiCAR and leverage the transitional periods to secure a competitive advantage in the regulated EU market.

This article offers a detailed analysis of how jurisdictions including Austria, Croatia, the Czech Republic, France, Germany, Italy, Luxembourg, the Netherlands, Norway, Poland, Slovenia, and Spain are addressing MiCAR’s transitional periods and implementation.

Click on the section blocks below to learn more about the regulators, their readiness, and the transitional periods that apply across different jurisdictions.

Section 1 - MiCAR authorisations: regulators and readiness

Section 2 - Transitional period

This article reflects the collective expertise and experience of crypto-savvy associates of CMS and of its associated firms, offering actionable insights for stakeholders across the crypto industry.

For tailored legal advice on MiCAR authorisations or related matters, contact crypto@cmslegal.com.

CMS Expert Guide to Crypto Regulation

Crypto, FinTech & Digital Assets Area of Law

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14.1. Section 1 - MiCAR authorisations: regulators and readiness


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