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ESMA Puts Malta’s Crypto Oversight Under the Microscope—Is MiCA at Risk?

by Catatonic Times
July 11, 2025
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The European Securities and Markets Authority (ESMA) has positioned Malta’s cryptocurrency licensing framework below overview, elevating issues about how the island nation’s monetary watchdog authorizes crypto asset service suppliers (CASPs).

The analysis, printed Thursday, facilities on the conduct of Malta’s Monetary Providers Authority (MFSA) and its processes below the Markets in Crypto-Property (MiCA) regulation, which formally took impact throughout the EU in June 2024.

Scrutiny Over Authorization Requirements

ESMA’s Peer Evaluation Committee (PRC) performed a focused evaluation of MFSA’s authorization of an unnamed CASP, figuring out areas the place the regulator fell brief. Whereas the MFSA was discovered to have enough staffing and technical infrastructure, the overview famous that it solely “partially met expectations” in the course of the approval course of.

The European watchdog emphasised that the issues prolonged past Malta, urging all EU nationwide competent authorities (NCAs) to align their oversight mechanisms to make sure consistency throughout jurisdictions below MiCA’s unified regulatory regime.

The peer overview into Malta’s supervisory practices stemmed from a call by ESMA’s Board of Supervisors (BoS) in April 2025. It adopted earlier steps taken in December 2024 when the BoS and the European Banking Authority adopted a harmonized method for overseeing CASP authorizations below MiCA.

In accordance with the ESMA report, though the overview focused one nation, its intent is to foster regulatory convergence all through the EU as MiCA implementation ramps up.

The PRC analyzed three key dimensions of Malta’s crypto regulation: supervisory construction and staffing, authorization processes, and post-licensing supervisory measures. The MFSA was praised for having a adequate degree of experience and assets to help CASP supervision.

Nevertheless, ESMA’s report pointed to gaps in how the company dealt with materials points in the course of the authorization stage. It really useful that MFSA enhance its capacity to evaluate unresolved or underexamined points that would emerge after approval.

Requires Convergence Throughout EU Supervisors

The ESMA report factors out the significance of regulatory consistency, particularly as new crypto companies search licensure below MiCA. Particularly, the PRC cautioned that nationwide regulators should adapt rapidly to rising software volumes and the evolving threat profiles of CASPs.

“Because of the novelty and nature of all these entities in addition to the inherent dangers of their enterprise mannequin, the PRC recommends to all NCAs…to pay specific consideration to sure points of the authorization,” the committee said.

Whereas Malta has traditionally positioned itself as a crypto-friendly jurisdiction throughout the EU, the ESMA’s overview illustrates the shifting expectations going through all member states.

With MiCA designed to get rid of regulatory arbitrage and create a degree enjoying area, NCAs might want to align not simply their licensing processes, but additionally their supervisory capability and enforcement methods.

Shifting ahead, regulatory coordination and transparency will possible turn into core benchmarks for assessing the effectiveness of nationwide crypto oversight.

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