Featured Product

    ECB Issues Opinion on Proposal to Regulate Crypto-Asset Markets in EU

    February 22, 2021

    In response to a request from the European Council and Parliament, ECB published an opinion on the proposed regulation on markets in crypto-assets. In the opinion, ECB welcomed the EC initiative to establish an EU-level harmonized framework for regulating crypto-assets and related activities and services. However, ECB opines that further adjustments are warranted with respect to certain aspects of the proposed regulation; some of these aspects relate to the responsibilities of ECB, Eurosystem, and the European System of Central Banks in the context of the prudential supervision of credit institutions and financial stability. Where ECB has recommended amendments to the proposed regulation of EC, specific drafting proposals have been set out in a technical working document that accompanies the opinion.

    The initiative on the harmonized framework for regulating crypto-assets and related services forms a part of the digital finance package adopted by EC in September 2020. ECB believes that the harmonized framework is critical to prevent fragmentation in the Single Market. In its opinion, ECB welcomed the aim of the proposed regulation, which is to address the different levels of risk posed by each type of crypto-asset, balanced with the need to support innovation. With regard to the definition of crypto-asset introduced by the proposed regulation, ECB notes that the proposed regulation contains a wide, catch-all definition. However, to avoid diverging interpretations at the national level on what may or may not constitute a crypto-asset under the proposed regulation, the scope of application of the proposed regulation should be further clarified. This would help to support the provision of crypto-asset services on a cross-border basis and to establish a truly harmonized set of rules for crypto assets. In its opinion, ECB also sets out the following recommendations on financial stability and prudential supervisory aspects of the proposals:

    • Supervisory arrangements for issuers of significant e-money tokens. The proposed regulation establishes a dual supervisory arrangement for issuers of significant e-money tokens, jointly supervised by the responsible national competent authority and EBA. When the issuer of the significant e-money tokens is a credit institution, dual supervision would give rise to further complications. Specifically, where the issuer of significant stablecoins is a significant credit institution, the supervisory responsibilities and tasks of EBA and ECB should also be clarified to avoid potential duplications and conflicts. In such a scenario, the EBA obligation to enforce the compliance of an issuer with the requirements laid down in the proposed regulation should not encroach on the supervision of prudential requirements enforced by the ECB in its banking supervisory role.
    • Requirements for own funds and the investment of reserve assets. The prudential and liquidity requirements imposed on issuers of stablecoins should be proportionate to the risks that those tokens could pose to financial stability. However, these additional requirements may not be sufficient to address growing risks in certain cases. In this context, additional Pillar-2-type powers should be accorded to the supervisor, especially for significant issuers, given the higher risks to financial stability. Specifically, significant stablecoin issuers should be required to conduct, on a regular basis, stress testing that takes into account severe but plausible financial and non-financial stress scenarios. Additionally, ECB points out that issuers of both asset-referenced and e-money tokens may be equally exposed to the risk of "runs," with possible contagion risks to the rest of the financial system and attendant risks to financial stability. It is, therefore, important that such issuers are subjected to harmonized requirements concerning the investment of the reserve assets, to ensure a level playing field. Finally, ECB states that the proposed regulation does not impose any restrictions to prevent a possible concentration of custodians or investment of the reserve assets. The lack of limits to possible concentration could undermine the safety of the reserve assets and subject them to idiosyncratic risks of particular custodians and debt issuers. Thus, the proposed regulation should provide for the introduction of safeguards to prevent such concentration, to be developed in regulatory technical standards.
    • Prudential supervisory aspects. Where significant credit institutions issue significant asset referenced tokens and e-money tokens, the dual supervisory arrangement between the relevant national competent authority and EBA would apply. In this context, it is necessary to further explain what the EBA supervision would entail in practice. Furthermore, this dual supervisory arrangement would also need to consider the supervisory role of ECB as far as significant credit institutions are concerned, with clearer coordination mechanisms, including a clear notification framework, and inclusion of ECB in its role as prudential supervisor in the college. Finally, the proposed regulation should refer explicitly and consistently to the prudential supervisory authorities for both significant asset-referenced tokens and e-money tokens.

     

    Related Link: Opinion (PDF)

     

    Keywords: Europe, EU, Banking, Securities, Cryptoassets, Stablecoin, Distributed Ledger Technology, Opinion, Digital Finance Strategy, EC, ECB

    Related Articles
    News

    PRA and FPC Finalize Changes to Leverage Ratio Framework in UK

    The Prudential Regulation Authority (PRA) published the final policy statement PS21/21 on the leverage ratio framework in the UK. PS21/21, which sets out the final policy of both the Financial Policy Committee (FPC) and PRA

    October 08, 2021 WebPage Regulatory News
    News

    CFPB Proposes Rule on Small Business Lending Data Collection

    The Consumer Financial Protection Bureau (CFPB) proposed to amend Regulation B to implement changes to the Equal Credit Opportunity Act (ECOA) under Section 1071 of the Dodd-Frank Act.

    October 08, 2021 WebPage Regulatory News
    News

    PRA Decides to Maintain O-SII Buffers for Another Year

    The Prudential Regulation Authority (PRA) decided to maintain, at the 2019 levels, the buffer rates for the Other Systemically Important Institutions (O-SII) for another year, with no new rates to be set until December 2023.

    October 08, 2021 WebPage Regulatory News
    News

    FSB Report Assesses Implementation of Recommendations on Stablecoins

    The Financial Stability Board (FSB) published a progress report on implementation of its high-level recommendations for the regulation, supervision, and oversight of global stablecoin arrangements.

    October 07, 2021 WebPage Regulatory News
    News

    APRA Updates Loan Serviceability Expectations for Home Lending

    In a letter to the authorized deposit taking institutions, the Australian Prudential Regulation Authority (APRA) announced an increase in the minimum interest rate buffer it expects banks to use when assessing the serviceability of home loan applications.

    October 06, 2021 WebPage Regulatory News
    News

    CPMI and IOSCO Consult on Guidance on Stablecoin Arrangements

    The Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) are consulting on the preliminary guidance that clarifies that stablecoin arrangements should observe international standards for payment, clearing, and settlement systems.

    October 06, 2021 WebPage Regulatory News
    News

    EBA and EIOPA Set Out Work Priorities for 2022

    The European Banking Authority (EBA) and the European Insurance and Occupational Pensions Authority (EIOPA) have set out their respective work priorities for 2022.

    October 05, 2021 WebPage Regulatory News
    News

    MFSA Issues Reporting Updates and Guidance for Banks

    The Malta Financial Services Authority (MFSA) updated the guidelines on supervisory reporting requirements under the reporting framework 3.0, in addition to the reporting module on leverage under the common reporting (COREP) framework.

    October 05, 2021 WebPage Regulatory News
    News

    EC Publishes Decision on List of Equivalent Third Countries Under CRR

    The European Commission (EC) published the Implementing Decision 2021/1753 on the equivalence of supervisory and regulatory requirements of certain third countries and territories for the purposes of the treatment of exposures, in accordance with the Capital Requirements Regulation or CRR (575/2013).

    October 04, 2021 WebPage Regulatory News
    News

    EC Rule on Contractual Recognition of Write-Down and Conversion Powers

    EC published the Implementing Regulation 2021/1751, which lays down implementing technical standards on uniform formats and templates for notification of determination of the impracticability of including contractual recognition of write-down and conversion powers.

    October 04, 2021 WebPage Regulatory News
    RESULTS 1 - 10 OF 7552