EU regulatory register · MiCA
Article 103ESMA temporary intervention powers
CELEX 32023R1114 · Read on 2026-08-18
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
1. In accordance with Article 9(5) of Regulation (EU) No 1095/2010, ESMA may, where the conditions in paragraphs 2 and 3 of this Article are fulfilled, temporarily prohibit or restrict:
(a)
the marketing, distribution or sale of certain crypto-assets other than asset-referenced tokens or e-money tokens or crypto-assets other than asset-referenced tokens or e-money tokens with certain specified features; or
(b)
a type of activity or practice related to crypto-assets other than asset-referenced tokens or e-money tokens.
A prohibition or restriction may apply in certain circumstances, or be subject to exceptions, specified by ESMA.
2. ESMA shall take a measure pursuant to paragraph 1 only if all of the following conditions are fulfilled:
(a)
the proposed prohibition or restriction addresses a significant investor protection concern or a threat to the orderly functioning and integrity of markets in crypto-assets or to the stability of the whole or part of the financial system in the Union;
(b)
the regulatory requirements under Union law that are applicable to the relevant crypto-assets and crypto-asset services do not address the threat at issue;
(c)
a relevant competent authority has not taken action to address the threat at issue or the actions that have been taken do not adequately address that threat.
3. When taking a measure pursuant to paragraph 1, ESMA shall ensure that the measure does not:
The article continues in the official text.
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
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