+TITLE IX TRANSITIONAL AND FINAL PROVISIONS
---+Article 140 Reports on the application of this Regulation
------+Article 140 1.
------+Article 140 2.
------+Article 140 3.
---+Article 141 ESMA annual report on market developments
---+Article 142 Report on latest developments in crypto-assets
------+Article 142 1.
------+Article 142 2.
---+Article 143 Transitional measures
------+Article 143 1.
------+Article 143 2.
------+Article 143 3.
------+Article 143 4.
------+Article 143 5.
------+Article 143 6.
------+Article 143 7.
---+Article 144 Amendment to Regulation (EU) No 1093/2010
---+Article 145 Amendment to Regulation (EU) No 1095/2010
---+Article 146 Amendment to Directive 2013/36/EU
---+Article 147 Amendment to Directive (EU) 2019/1937
---+Article 148 Transposition of amendments to Directives 2013/36/EU and (EU) 2019/1937
------+Article 148 1.
------+Article 148 2.
---+Article 149 Entry into force and application
------+Article 149 1.
------+Article 149 2.
------+Article 149 3.
------+Article 149 4.

TITLE IX TRANSITIONAL AND FINAL PROVISIONS

TITLE IX TRANSITIONAL AND FINAL PROVISIONS

1. Panoramica

,
Titolo Regolamentazione
Article 140 Reports on the application of this Regulation
Article 141 ESMA annual report on market developments

Article 141

ESMA annual report on market developments

By 31 December 2025 and every year thereafter, ESMA, in close cooperation with EBA, shall submit a report to the European Parliament and to the Council on the application of this Regulation and developments in markets in crypto-assets. The report shall be made publicly available.

The report shall contain the following:

(a) 

the number of issuances of crypto-assets in the Union, the number of crypto-asset white papers submitted or notified to the competent authorities, the type of crypto-asset issued and their market capitalisation, and the number of crypto-assets admitted to trading;

(b) 

the number of issuers of asset-referenced tokens, and an analysis of the categories of reserve assets, the size of the reserves of assets and the volume of transactions in asset-referenced tokens;

(c) 

the number of issuers of significant asset-referenced tokens, and an analysis of the categories of reserve assets, the size of the reserves of assets and the volume of transactions in significant asset-referenced tokens;

(d) 

the number of issuers of e-money tokens, and an analysis of the official currencies referenced by the e-money tokens, the composition and the size of the funds deposited or invested in accordance with Article 54, and the volume of payments made in e-money tokens;

(e) 

the number of issuers of significant e-money tokens, and an analysis of the official currencies referenced by the significant e-money tokens, and, for electronic money institutions issuing significant e-money tokens, an analysis of the categories of reserve assets, the size of the reserves of assets, and the volume of payments made in significant e-money tokens;

(f) 

the number of crypto-asset service providers, and the number of significant crypto-asset service providers;

(g) 

an estimate of the number of Union residents using or investing in crypto-assets issued in the Union;

(h) 

where possible, an estimate of the number of Union residents using or investing in crypto-assets issued outside the Union and an explanation of the availability of data in that respect;

(i) 

a mapping of the geographical location and level of know-your-customer and customer due diligence procedures of unauthorised exchanges providing services in crypto-assets to Union residents, including the number of exchanges without a clear domiciliation and the number of exchanges located in jurisdictions included in the list of high-risk third countries for the purposes of Union rules on anti-money laundering and counter-terrorist financing or in the list of non-cooperative jurisdictions for tax purposes, classified by the level of compliance with adequate know-your-customer procedures;

(j) 

the proportion of transactions in crypto-assets that occur through a crypto-asset service provider or unauthorised service provider or peer-to-peer, and their transaction volume;

(k) 

the number and value of fraud, scams, hacks, the use of crypto-assets for payments related to ransomware attacks, cyber-attacks, thefts or losses of crypto-assets reported in the Union, types of fraudulent behaviour, the number of complaints received by crypto-asset service providers and issuers of asset-referenced tokens, the number of complaints received by competent authorities and the subjects of the complaints received;

(l) 

the number of complaints received by crypto-asset service providers, issuers and competent authorities in relation to false and misleading information contained in crypto-asset white papers or in marketing communications, including via social media platforms;

(m) 

possible approaches and options, based on best practices and reports by relevant international organisations, to reduce the risk of circumvention of this Regulation, including in relation to the provision of crypto-asset services by third-country actors in the Union without authorisation.

Competent authorities shall provide ESMA with the information necessary for the preparation of the report. For the purposes of the report, ESMA may request information from law enforcement agencies.

Article 142 Report on latest developments in crypto-assets
Article 143 Transitional measures
Article 144 Amendment to Regulation (EU) No 1093/2010

Article 144

Amendment to Regulation (EU) No 1093/2010

In Article 1(2) of Regulation (EU) No 1093/2010, the first subparagraph is replaced by the following:

‘The Authority shall act within the powers conferred by this Regulation and within the scope of Directive 2002/87/EC, Directive 2008/48/EC ( *1 ), Directive 2009/110/EC, Regulation (EU) No 575/2013 ( *2 ), Directive 2013/36/EU ( *3 ), Directive 2014/49/EU ( *4 ), Directive 2014/92/EU ( *5 ), Directive (EU) 2015/2366 ( *6 ), Regulation (EU) 2023/1114 ( *7 ) of the European Parliament and of the Council and, to the extent that those acts apply to credit and financial institutions and the competent authorities that supervise them, within the relevant parts of Directive 2002/65/EC, including all directives, regulations, and decisions based on those acts, and of any further legally binding Union act which confers tasks on the Authority. The Authority shall also act in accordance with Council Regulation (EU) No 1024/2013 ( *8 ).

Article 145 Amendment to Regulation (EU) No 1095/2010

Article 145

Amendment to Regulation (EU) No 1095/2010

In Article 1(2) of Regulation (EU) No 1095/2010, the first subparagraph is replaced by the following:

‘The Authority shall act within the powers conferred by this Regulation and within the scope of Directives 97/9/EC, 98/26/EC, 2001/34/EC, 2002/47/EC, 2004/109/EC, 2009/65/EC, Directive 2011/61/EU of the European Parliament and of the Council ( *9 ), Regulation (EC) No 1060/2009 and Directive 2014/65/EU of the European Parliament and of the Council ( *10 ), Regulation (EU) 2017/1129 of the European Parliament and of the Council ( *11 ), Regulation (EU) 2023/1114 of the European Parliament and of the Council ( *12 ) and to the extent that those acts apply to firms providing investment services or to collective investment undertakings marketing their units or shares, issuers or offerors of crypto-assets, persons seeking admission to trading or crypto-asset service providers and the competent authorities that supervise them, within the relevant parts of, Directives 2002/87/EC and 2002/65/EC, including all directives, regulations, and decisions based on those acts, and of any further legally binding Union act which confers tasks on the Authority.

Article 146 Amendment to Directive 2013/36/EU

Article 146

Amendment to Directive 2013/36/EU

In Annex I to Directive 2013/36/EU, point 15 is replaced by the following:

‘15. 

Issuing electronic money including electronic-money tokens as defined in Article 3(1), point (7), of Regulation (EU) 2023/1114 of the European Parliament and of the Council ( *13 ).

16. 

Issuance of asset-referenced tokens as defined in Article 3(1), point (6), of Regulation (EU) 2023/1114.

17. 

Crypto-asset services as defined in Article 3(1), point (16), of Regulation (EU) 2023/1114.

Article 147 Amendment to Directive (EU) 2019/1937

Article 147

Amendment to Directive (EU) 2019/1937

In Part I.B of the Annex to Directive (EU) 2019/1937, the following point is added:

‘(xxii) 

Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (OJ L 150, 9.6.2023, p. 40).’.

Article 148 Transposition of amendments to Directives 2013/36/EU and (EU) 2019/1937
Article 149 Entry into force and application

1.1 Riferimenti

1.2 Requisiti identificati

1.3 Standard correlati

2. Requisiti identificati

Requisiti
Fonte Requisito

3. Standard correlati

Standard
Fonte Requisito