MiCA product-intervention coordination evidence
A source-backed, conservative evidence checklist for CASPs, issuers, offerors, venues, and distribution teams preserving ESMA or EBA coordination records around Article 105 competent-authority product-intervention measures.
Informational only. Not legal, regulatory, brokerage, underwriting, or insurance advice.
Coordination with ESMA or EBA: ESMA's Interactive Single Rulebook publishes Regulation (EU) 2023/1114 Article 106 with the title “Coordination with ESMA or EBA”. The public text says ESMA or, for asset-referenced tokens and e-money tokens, EBA, performs a facilitating and coordinating role for competent-authority measures under Article 105.
Public Article 106 text says ESMA or EBA should ensure that competent-authority measures are justified and proportionate and that a consistent approach is taken where appropriate. After Article 105(3) notification, ESMA or EBA issues an opinion on whether a prohibition or restriction is justified and proportionate, publishes that opinion, and a competent authority acting contrary to the opinion must publish a notice explaining its reasons.
This page is a record-preparation checklist. It is not a legal interpretation, supervisory-response instruction, market-access instruction, authorisation opinion, provider endorsement, broker recommendation, or assurance about any ESMA opinion, EBA opinion, competent-authority measure, notice, prohibition, restriction, timing, client impact, crypto-asset, service, activity, or fact pattern.
Preserve Article 105 notification references, ESMA or EBA opinion URLs, publication dates, affected crypto-assets or services, competent-authority source URLs, retrieval dates, evidence owners, and unresolved external-advice questions.
Map the published rationale, proportionality language, investor-protection or market-integrity concern, financial-stability context, affected Member State, and internal record showing how the team evaluated relevance without treating the checklist as advice.
Track any competent-authority notice explaining reasons for taking, not taking, or declining measures contrary to an ESMA or EBA opinion, plus timestamps, source URLs, response owners, and legal-review gates.
Connect the coordination file to Article 94 response records, Article 95/96 cooperation logs, Article 100 professional-secrecy notes, Article 105 product-intervention scope, and Article 109 register hygiene where relevant.
Article 106 is publicly titled “Coordination with ESMA or EBA”. Public text covers ESMA or, for asset-referenced tokens and e-money tokens, EBA, facilitating and coordinating competent-authority measures taken under Article 105.
Article 106 can create public opinion and notice records around Article 105 product-intervention measures. A practical evidence pack should preserve the source, authority, affected scope, opinion or notice, response owner, and unresolved external-advice questions.
No. This page does not decide applicability, authority competence, proportionality, market impact, client impact, or response obligations. It helps teams preserve source-backed records for qualified legal, regulatory, competent-authority, partner, broker, insurer, auditor, or internal-risk review.