ESMA - Opinion on RTS specifying certain requirements in relation to conflicts of interest for crypto-asset service providers under MiCA

Article 72(5) of MiCA) requires ESMA to develop draft regulatory technical standards to further specify the requirements for the policies and procedures to identify, prevent, manage and disclose conflicts of interest, as well as the details and methodology for the content of the disclosure by crypto-asset service providers of the general nature and sources of conflicts of interest and the steps taken to mitigate them (the “RTS on CoIs”).

On 31 May 2024, ESMA published its final report on the draft RTS on CoIs and submitted it to the European Commission (the EC) for adoption. On 29 November 2024, ESMA received a letter from the EC informing ESMA that it intends to adopt the RTS on CoIs with amendments.

ESMA may amend the draft RTS on CoIs and resubmit it to the EC in the form of a formal opinion.

In this opinion, ESMA suggests a limited number of changes to the amendments proposed by the EC