European Commission's Plan to Expand ESMA's Authority

The European Commission's plan to broaden the authority of the European Securities and Markets Authority (ESMA) regarding cryptocurrency and capital markets has ignited debate across Europe. Critics are expressing concerns that this move could stifle innovation and lead to slower decision-making processes. The European Union is reportedly considering granting ESMA direct supervisory powers over stock exchanges and crypto-asset service providers. This potential shift aims to create a centralized regulatory framework, mirroring the structure of the US Securities and Exchange Commission (SEC). A draft of this plan is anticipated from the European Commission in December. Under the existing Markets in Crypto-Assets Regulation (MiCA), which became applicable to crypto asset service providers in December 2024, firms authorized in one EU member state can utilize a 'passport' to extend their services across the 27-nation bloc.

Industry Warnings: Innovation Slowdown

However, according to Faustine Fleuret, head of public affairs at the decentralized lending protocol Morpho, granting control to ESMA could impede innovation, particularly among cryptocurrency and financial technology (FinTech) companies. "Centralizing authorization and supervision entirely within ESMA would necessitate substantial human and financial resources," she told Cointelegraph. She added, "[ESMA supervision] would likely decelerate decision-making and innovation, especially for newer players in the crypto and FinTech spaces who heavily rely on close collaboration with their domestic regulators." Fleuret suggested a more balanced approach, advocating for stronger oversight powers for ESMA over national regulators, such as the authority to suspend or revoke licenses, rather than centralizing all decision-making in Brussels. In September, France's securities regulator threatened to ban the 'passporting' of crypto licenses under the MiCA regime, raising concerns about enforcement gaps within the EU-wide regulatory framework. "The EU passport is the cornerstone of EU financial regulations, including MiCA; jeopardizing it means depriving crypto market players of the only competitive advantage that Europe currently offers them," Fleuret stated.

Experts Advocate for Balanced Supervision

Other policy experts view the expanding jurisdiction of the Paris-based ESMA as a promising indication of growing crypto regulatory maturity in the EU. Dea Markova, director of policy at digital asset custody platform Fireblocks, believes that centralizing control and standards across EU member states could address the most pressing concerns related to MiCA, including licensing, cybersecurity, and custodial risks. "At a principal level, we believe that more standard-setting and guidance is needed to address risks stemming from operational resilience of the custody function," Markova told Cointelegraph. "We can extrapolate from this specific risk that other areas of MiCA and DORA [Digital Operational Resilience Act] can benefit from supervisory convergence, be it through more guidance or through creating a single EU supervisor." Markova cautioned that the success of centralized supervision hinges on the plan's implementation and the resources allocated to it. The concept of establishing a single supervisory body, analogous to the SEC, has also been supported by European Central Bank (ECB) President Christine Lagarde, who voiced her endorsement during the European Banking Congress in November 2023.