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France, Italy and Austria Urge ESMA Oversight of Major Crypto Firms as Paris Threatens to Reject Some MiCA Passports

Uneven national enforcement has prompted warnings about regulatory arbitrage, posing risks to the single market.

Overview

  • In a joint paper, the AMF, Consob and the FMA propose four changes including direct ESMA supervision of the largest crypto-asset service providers.
  • The package also seeks to curb EU intermediaries from routing client orders to non-EU platforms lacking MiCA or equivalent safeguards.
  • Regulators call for mandatory, independent cybersecurity audits at authorisation and renewal, plus a single access point to manage token white papers.
  • AMF chair Marie-Anne Barbat-Layani said France could refuse recognition of some passports as a last resort, describing it as an “atomic weapon.”
  • Malta’s MFSA opposes centralisation as burdensome, ESMA’s Verena Ross has signalled openness to expanded powers, and legal experts dispute whether unilateral passport blocking would be lawful.