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Home»Regulation»MiCA goes live in Europe as crypto regulatory framework begins with stablecoins
Regulation

MiCA goes live in Europe as crypto regulatory framework begins with stablecoins

January 5, 2025No Comments5 Mins Read
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MiCA is now operational across the European Union, marking a significant milestone in the surveillance of digital assets. Industry players now operate within an EU-wide framework that covers stablecoins, token issuance and services such as custody and exchange.

As the Bretton Woods Committee wrote, the process involved years of consultations and negotiations, resulting in a settlement that closed oversight gaps and promoted transparency.

Companies issuing electronic money tokens (EMT) must be incorporated in the EU or hold the appropriate e-money licenses, while asset-referenced tokens are subject to higher disclosure and governance requirements when they reach certain volume or user thresholds. The measures also include stricter rules on reserve management, redemption and disclosure, signaling the bloc’s focus on financial stability in digital asset markets.

Patrick Hansen, Policy Director at Circle, wrote a detailed article explaining how stablecoin issuers have no choice but to comply or lose access to the entire EU market. Tether, the world’s leading stablecoin issuer, chose the latter option, saying CryptoSlate that the competition is frustrated by its different approach to stablecoins. He said,

“Every day you wake up, you scratch your head and don’t understand why these two Italians are doing a much better job than you. Of course you get frustrated, right?

So, you know, if your business model is called Kill Tether, then you know, you should rethink your product.

Expectations of crypto companies in the EU

Cryptoasset service providers (CASPs) offering activities such as brokerage, trading or custody are subject to licensing requirements that allow them to operate in all member states once authorized in a jurisdiction. This change replaces the previous patchwork of national regulations, reducing barriers for businesses seeking cross-border growth and providing a passport-like mechanism similar to the approach used in traditional EU financial services.

Some businesses should consolidate or form partnerships because compliance obligations may be more difficult for smaller businesses to meet. Trading platforms must also put in place controls against market abuse and insider trading. Authorities may prohibit token offerings if disclosures or risk management procedures appear incomplete.

MiCA formally excludes from its scope protocols operating “in a fully decentralized manner”, but many operations may not meet the threshold of true decentralization.

The same ambiguity appears around large-scale NFT collections, which regulations could consider fungible, requiring compliance with the white paper and the obligations of issuers. Uncertainty also surrounds “privacy coins,” which could be delisted if full identification of the holder proves impossible.

MiCA regulations (Source: Patrick Hansen)
MiCA regulations (Source: Patrick Hansen Substack)

Overall expected impact of MiCA

Industry responses to Bretton Woods and Circle indicate a shared view that the practical success of MiCA rests on its technical standards and enforcement practices. Companies are adapting their product offerings, focusing on clarity of information provided and compliance with token issuance and reserve management rules. As Hansen observed, adopting the framework could attract projects seeking certainty, especially if concerns about enforcement elsewhere persist.

There are broader questions regarding global adoption. The United States has not yet formalized regulation of stablecoins, and enforcement models, while seemingly progressive, vary widely across Asia. The European model could influence other jurisdictions, causing a “race to the top” in consumer protection and alignment with international standards.

According to Bretton Woods, a coordinated approach would promote the passportability of stablecoins and mitigate the risks of regulatory arbitrage. Some lawmakers have discussed a MiCA 2.0, indicating that non-fungible tokens, DeFi, or additional technology features could potentially be revisited under an updated directive. Officials note that any new iterations will depend on the law’s initial results.

Hansen highlights MiCA’s similarities to other EU technology initiatives, where regional-scale standards ultimately influenced business and legal frameworks abroad. Whether MiCA becomes a global benchmark by default will depend on its real-world implementation, the role of national agencies, and how effectively the measures protect markets while enabling businesses to innovate. Meanwhile, corporate efforts to obtain a MiCA license continue, with large banks and exchanges adjusting their lines of business or acquiring smaller players.

Many expect MiCA to bring greater institutional involvement, aided by uniform licensing and consumer protections. The cost of compliance, however, remains a factor that could shift activity to well-capitalized platforms. Investors could see broader adoption of regulated services, while smaller teams could focus on specialized niches or move into regions with less stringent requirements. Policymakers have pledged to monitor the results, believing that a unified EU position on crypto can strengthen capital formation and user protection.

As the framework takes effect, stablecoin issuers and PSAPs face faster enforcement timelines than other market participants, while the rest of the rules come into force gradually over the course of the year . Regulators will also publish binding implementation standards that will clarify deadlines, technical information and operating conditions for token projects.

Hansen confirms that companies considering moving into the European landscape engage with authorities and prepare compliance strategies accordingly. He believes MiCA has created an environment of clear responsibilities for participants, and that its ability to encourage responsible growth under consistent rules will provide a measure of how it shapes crypto markets.

Implementation continues in stages as the EU refines technical guidelines and supervises approved entities. The result will reveal whether MiCA is a feasible model that balances innovation and monitoring.

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