​The European Banking Authority consults on a draft methodology for setting fines under the Markets in Crypto-Assets Regulation (MiCA)

​The European Banking Authority (EBA) published today a Consultation Paper with a draft methodology for setting fines in its role as supervisor under MiCA. The objective is to ensure that fines imposed on issuers of significant crypto-assets are consistent, proportionate and transparent, and effectively support compliance with the regulatory framework.

​​Under MiCA, where an asset-referenced token (ART), or an e-money token (EMT) issued by an electronic money institution, is classified as significant by the EBA, the EBA is responsible for supervising the issuer. 

​The Consultation sets out the EBA’s proposed approach to calculating fines where an issuer of significant tokens, or a member of its management body, has negligently or intentionally committed an infringement.

​This methodology aims at providing a clear and a consistent approach for enforcement, enhancing transparency and accountability in supervisory decisions and helping stakeholders understand how fines are determined in individual cases.  

​​Consultation process

Comments to the consultation paper can be sent by clicking on the “send your comments” button on the EBA's consultation page. The deadline for the submission of comments is 28 September 2026.

The EBA will hold a virtual public hearing on 16 of July from 14.30 CEST. The EBA invites interested stakeholders to register using this link by 13 of July, 16.00 (CEST). The dial-in details will be communicated to those who have registered for the meeting.

All comments received will be published following the end of the public consultation, unless requested otherwise.

Legal basis

In accordance with Article 134(1) of MiCA where the EBA in carrying out its supervisory responsibilities of issuers of significant tokens, identifies clear and demonstrable grounds to suspect that an infringement has been, or may be, committed, it may adopt one or more of the supervisory measures listed in Article 130(1) and (2) of MiCA. These measures include the imposition of fines and periodic penalty payments.