MiCA supervisory-response evidence
A source-backed, conservative evidence checklist for CASPs, issuers, offerors, and distribution teams mapping EBA temporary intervention powers for asset-referenced tokens, e-money tokens, related activities, notices, and governance response records.
Informational only. Not legal, regulatory, brokerage, underwriting, or insurance advice.
EBA temporary intervention powers: ESMA's Interactive Single Rulebook publishes Regulation (EU) 2023/1114 Article 104 with the title “EBA temporary intervention powers”. Public Article 104 text says EBA may, where stated conditions are fulfilled, temporarily prohibit or restrict the marketing, distribution, or sale of certain asset-referenced tokens or e-money tokens, or a type of activity or practice related to asset-referenced tokens or e-money tokens.
The public text refers to conditions including a significant investor-protection concern, a threat to the orderly functioning and integrity of markets in crypto-assets, or a threat to the stability of the whole or part of the Union financial system. It also refers to applicable Union regulatory requirements not addressing the threat, relevant competent authorities not acting or not adequately addressing the threat, EBA publication of a website notice, review at appropriate intervals and at least every six months, and possible annual renewal after at least two consecutive renewals based on impact analysis.
This page is a record-preparation checklist. It is not a legal interpretation, market-access instruction, supervisory-response instruction, authorisation opinion, token recommendation, provider endorsement, broker recommendation, or assurance about any token, service, activity, restriction, competent-authority action, EBA measure, notice, renewal, timing, client impact, or fact pattern.
Preserve the asset-referenced token or e-money token, feature set, marketing or distribution channel, sale route, activity or practice, affected Member States, source URL, retrieval date, owner, and unresolved external-advice questions.
Map the investor-protection concern, orderly-market or market-integrity threat, or Union financial-stability threat being monitored, plus the internal evidence that supports or challenges the relevance of the public notice.
Track relevant competent-authority actions, Article 94 response files, Article 95/96 cooperation records, EBA website-notice evidence, review interval assumptions, renewal records, timestamps, and response owners.
Document holder or client communications, distribution limitations, exception assumptions, operational dependencies, complaints handoffs, Article 100 professional-secrecy notes, and Article 109 register implications.
Article 104 is publicly titled “EBA temporary intervention powers”. Public text covers possible temporary prohibitions or restrictions by EBA for certain asset-referenced tokens or e-money tokens, or related activities or practices, where specified conditions are fulfilled.
Temporary intervention measures can affect marketing, distribution, sale, activity, or practice assumptions for asset-referenced tokens and e-money tokens. A practical evidence pack should preserve source, scope, relevant competent-authority actions, EBA notice records, review or renewal assumptions, client-impact assumptions, response owner, and unresolved external-advice questions.
No. This page does not decide applicability, validity, authority competence, market impact, client impact, or response obligations. It helps teams preserve a source-backed record for qualified legal, regulatory, competent-authority, partner, broker, insurer, auditor, or internal-risk review.