On 5 October 2023, ESMA published its second consultation package under MiCAR. ESMA consults on the following:

  • 2.1 RTS on content, methodologies and presentation of sustainability indicators on adverse impacts on the climate and the environment
  • 2.2 RTS on measures that crypto-asset service providers must take to ensure continuity and regularity in the performance of services
  • 2.3 RTS on trade transparency
  • 2.5 RTS on content and format of order book records
  • 2.6 RTS on record-keeping by crypto-asset service providers
  • 2.7 RTS on the data necessary for the classification of white papers
  • 2.8 ITS on standard forms and templates for the crypto-asset white paper
  • 2.9 ITS on technical means for appropriate public disclosure of inside information

The deadline for the consultation is 14 Dec 2023. All contributions should be submitted online at http://www.esma.europa.eu/ under the heading ‘Your input – Consultations’. The ESMA consultation page on the second package under MiCAR can be found here. ESMA expects to publish a final report and submit the draft technical standards to the Commission for endorsement by June 2024.

ESMA’s third consultation package under MiCAR is expected to be published in Q1 2024 and will likely cover all the remaining mandates with an 18-month deadline.