MiCA supervisory infrastructure

MiCA Article 99 duty of notification checklist

A source-backed, conservative evidence checklist for CASPs tracking how Member States notify the European Commission, EBA, and ESMA of Title VII implementing measures — and why that shapes the supervisory context for crypto-asset service providers operating in the EU.

Informational only. Not legal, regulatory, brokerage, underwriting, or insurance advice.

What Article 99 changes operationally

Duty of notification: Regulation (EU) 2023/1114 Article 99 is publicly titled "Duty of notification". Public MiCA article text requires Member States to notify the Commission, EBA, and ESMA of the laws, regulations, and administrative provisions they adopt to implement Title VII of MiCA — including any relevant criminal law provisions — by 30 June 2025. Member States must also notify the Commission, EBA, and ESMA without undue delay of any subsequent amendments to those implementing measures.

For CASP evidence packs, treat Article 99 as supervisory infrastructure background: it defines the information window the Commission, EBA, and ESMA hold over national supervisory regimes under Title VII (Competent authorities, EBA and ESMA). A CASP should monitor its home Member State's notified implementing measures through official EU and competent authority channels, as those measures determine how supervision actually operates in practice. Article 99 does not impose direct obligations on CASPs but is contextually relevant when reviewing the supervisory landscape, cross-border cooperation expectations under Articles 95 and 96, and the competence boundaries national supervisors operate within.

This page is a supervisory-context checklist. It is not a legal interpretation, filing instruction, supervisory-response instruction, authorisation opinion, provider endorsement, broker recommendation, or assurance about any Member State, CASP, competent authority, implementing measure, or fact pattern.

Article 99 duty of notification evidence map

Member State implementing-measure inventory

Track your home Member State's notified Title VII implementing measures: laws, regulations, administrative provisions, and relevant criminal law provisions. Record source URL (official EU or competent authority publication), retrieval date, scope of measures covered, and effective date.

Commission, EBA, ESMA notification records

Where the Commission, EBA, or ESMA publishes or acknowledges Member State notifications under Article 99, preserve the notification records, source URLs, retrieval dates, and which Title VII topics are covered (supervisory powers, investigative powers, cooperation, penalties, registers, or EBA/ESMA tasks).

Subsequent amendment tracking

Monitor home Member State and relevant Member State regulatory updates for Title VII implementing measures. Track amendment scope, notification date to Commission/EBA/ESMA, source URL, and whether the change affects CASP supervisory exposure, competent-authority powers, cooperation expectations, or register obligations.

Supervisory context and authority competence boundaries

Connect Article 99 context records to Article 93 competent-authority routing, Article 94 supervisory and investigative power evidence, Article 95/96 cooperation logs, and Article 109 ESMA register hygiene so that the supervisory landscape is traceable to official EU-level notification records.

Evidence review and operational-diligence questions

FAQ

What does MiCA Article 99 cover?

Article 99 is titled "Duty of notification" and requires Member States to notify the European Commission, EBA, and ESMA of the laws, regulations, and administrative provisions they adopt to implement Title VII of MiCA — including relevant criminal law provisions — by 30 June 2025, and without undue delay for any subsequent amendments.

Does Article 99 impose direct obligations on CASPs?

No. Article 99 is a Member State obligation to notify EU-level authorities of national implementing measures. It does not directly impose obligations on CASPs. However, the implementing measures it covers — including supervisory powers, investigative powers, cooperation requirements, administrative penalties, and EBA/ESMA tasks — shape the environment in which CASPs operate.

Why does Article 99 matter for CASP evidence packs?

Understanding how your home Member State has implemented Title VII helps CASP management bodies, compliance teams, and legal advisers map supervisory powers, cooperation expectations, register obligations, and penalty frameworks. It is background context for governance, legal, compliance, and risk review.

Does this page track all Member State MiCA implementation?

No. Article 99 covers Title VII implementation only (Competent authorities, EBA and ESMA). Title VII covers supervisory powers, cooperation, ESMA/EBA tasks, administrative penalties, and related measures. Other MiCA Titles — such as Title II (CASP authorisation), Title III (asset-referenced tokens), Title IV (e-money tokens), and Title V (market abuse) — have their own implementation and notification frameworks.

Does this page assess compliance or give regulatory advice?

No. This page does not assess compliance, recommend an authority route, or give filing instructions. It helps teams preserve source-backed supervisory context and unresolved questions for qualified legal, regulatory, governance, compliance, partner, broker, auditor, or internal-risk review.