Template for the purposes of Article 8(4) Regulation (EU) 2023/1114

Offerors, persons seeking admission to trading, and operators of trading platforms for crypto-assets other than ARTs and EMTs (relevant persons) should use the template referred to in Annex A to provide the explanation referred to in Article 8(4) of Regulation (EU) 2023/1114.

All fields set out in the template should be completed with all information necessary to provide a clear, fair, not misleading and complete explanation of the classification of the crypto-asset. Reference should be made to the following informing the explanation of the classification of the crypto-asset:

• a. the source of the definitions taken into account for each regulatory product referred to in the template, including applicable EU and national law;
• b. all relevant:
• i. case law of the Court of Justice of the European Union and national courts;
• ii. regulatory measures, including rules and guidance, in the Member State concerned;
• iii. interpretative guidance from the European Commission and Guidelines from the European Supervisory Authorities;
• iv. interpretative guidance from competent authorities or any other source relevant to the interpretation of regulatory concepts.