MiCA EBA powers and inspection evidence
A source-backed, conservative evidence checklist for Regulation (EU) 2023/1114 Article 124, where EBA may conduct on-site inspections at business premises of issuers of significant asset-referenced tokens and significant e-money tokens for Article 117 supervisory responsibilities.
Informational only. Not legal, regulatory, brokerage, underwriting, or insurance advice.
Inspection route: ESMA's Interactive Single Rulebook title for Regulation (EU) 2023/1114 Article 124 is “On-site inspections.” The public text states that, to carry out Article 117 supervisory responsibilities, EBA may conduct necessary on-site inspections at business premises of issuers of significant asset-referenced tokens and significant e-money tokens.
The public text describes authorised persons entering business premises, using Article 123(1) powers, and having power to seal any business premises and books or records for the period of, and to the extent necessary for, the inspection. It also describes competent-authority notice, possible inspection without prior notice to the issuer where proper conduct and efficiency require it after informing that authority, assistance by the Member State competent authority, and court-authorisation routes where national law requires them.
This page is an evidence-preparation checklist. It is not a legal interpretation, supervisory-response instruction, inspection strategy, authorisation opinion, provider endorsement, broker recommendation, or assurance about any issuer, authority measure, inspection, premises, sealed record, court authorisation, person, document, or fact pattern.
Preserve EBA's decision or written authorisation, subject matter, purpose, appointed start date, authorised-person identities, Article 132 periodic-penalty references where stated, legal-remedy language, source URL, retrieval date, and internal response owner.
Map each business premises, relevant issuer function, site owner, access-control route, visitor log, system or records location, safety contact, and privilege/privacy review owner before treating an inspection file as review-ready.
Track books, records, systems, rooms, devices, or repositories subject to inspection or sealing, including scope, timestamp, custodian, chain-of-custody notes, access restrictions, and Article 121 legal-privilege review status.
Record notice to the Member State competent authority, requests for active assistance or attendance, Article 119 college finding notifications, police or equivalent enforcement-authority assistance where applicable, and Article 95/96 cooperation notes.
If an inspection is carried out without prior notice to the issuer after the competent authority is informed, preserve the stated procedural route, arrival record, authorised-person identities, operational-impact notes, and qualified-review questions.
Where national law requires court authorisation, track EBA's application, precautionary-measure status, authenticity and proportionality references, and Court of Justice review-route notes without treating the checklist as a legal assessment.
Article 124 is titled “On-site inspections.” The ESMA public text says EBA may conduct on-site inspections at business premises of issuers of significant asset-referenced tokens and significant e-money tokens to carry out Article 117 supervisory responsibilities.
CASPs and service providers can be adjacent to significant-token operating models through custody, trading-platform, payment, distribution, reserve-asset, outsourcing, or evidence-production workflows, so inspection files should connect to Article 117 supervision, Article 119 college context, Article 121 privilege review, and Article 123 investigation records where relevant.
No. It only helps teams organize inspection provenance, premises and access maps, sealing registers, authority-assistance logs, court-authorisation status where relevant, and qualified-review ownership before a file is treated as review-ready.