+Article 2 Scope
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Article 2 Scope

1. Panoramica

,
Titolo Regolamentazione
Article 2 1.
This Regulation applies to natural and legal persons and certain other undertakings that are engaged in the issuance, offer to the public and admission to trading of crypto-assets or that provide services related to crypto-assets in the Union.
Article 2 2.

This Regulation does not apply to:

(a) 

persons who provide crypto-asset services exclusively for their parent companies, for their own subsidiaries or for other subsidiaries of their parent companies;

(b) 

a liquidator or an administrator acting in the course of an insolvency procedure, except for the purposes of Article 47;

(c) 

the ECB, central banks of the Member States when acting in their capacity as monetary authorities, or other public authorities of the Member States;

(d) 

the European Investment Bank and its subsidiaries;

(e) 

the European Financial Stability Facility and the European Stability Mechanism;

(f) 

public international organisations.

Article 2 3.
This Regulation does not apply to crypto-assets that are unique and not fungible with other crypto-assets.
Article 2 4.

This Regulation does not apply to crypto-assets that qualify as one or more of the following:

(a) 

financial instruments;

(b) 

deposits, including structured deposits;

(c) 

funds, except if they qualify as e-money tokens;

(d) 

securitisation positions in the context of a securitisation as defined in Article 2, point (1), of Regulation (EU) 2017/2402;

(e) 

non-life or life insurance products falling within the classes of insurance listed in Annexes I and II to Directive 2009/138/EC of the European Parliament and of the Council ( 1 ) or reinsurance and retrocession contracts referred to in that Directive;

(f) 

pension products that, under national law, are recognised as having the primary purpose of providing the investor with an income in retirement and that entitle the investor to certain benefits;

(g) 

officially recognised occupational pension schemes falling within the scope of Directive (EU) 2016/2341 of the European Parliament and of the Council ( 2 ) or Directive 2009/138/EC;

(h) 

individual pension products for which a financial contribution from the employer is required by national law and where the employer or the employee has no choice as to the pension product or provider;

(i) 

a pan-European Personal Pension Product as defined in Article 2, point (2), of Regulation (EU) 2019/1238 of the European Parliament and of the Council ( 3 );

(j) 

social security schemes covered by Regulations (EC) No 883/2004 ( 4 ) and (EC) No 987/2009 of the European Parliament and of the Council ( 5 ).

Article 2 5.
By 30 December 2024, ESMA shall, for the purposes of paragraph 4, point (a), of this Article issue guidelines in accordance with Article 16 of Regulation (EU) No 1095/2010 on the conditions and criteria for the qualification of crypto-assets as financial instruments.
Article 2 6.
This Regulation shall be without prejudice to Regulation (EU) No 1024/2013.

1.1 Riferimenti

1.2 Requisiti identificati

1.3 Standard correlati

2. Requisiti identificati

Requisiti
Fonte Requisito

3. Standard correlati

Standard
Fonte Requisito