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Push for ESMA Crypto Authority Sparks Conflict Over Centralized Supervision

The EU is considering giving ESMA direct crypto authority, moving to centralized supervision. Learn ...

Digital Era News
Digital Era News
09/10/2025
4 mins read
The European Commission is reportedly drafting a proposal that would grant the ESMA direct, centralized supervision over cryptocurrency companies

The European Commission is reportedly drafting a proposal that would grant the European Securities and Markets Authority (ESMA) direct, centralized supervision over cryptocurrency companies, a move that would fundamentally reshape the continent's regulatory landscape. The plan, which has the backing of ESMA Chair Verena Ross, aims to create a more uniform and efficient system by shifting power away from the 27 national regulators. However, the push for greater ESMA crypto authority is already facing significant backlash from smaller, crypto-friendly member states like Malta and Luxembourg, who fear it will stifle innovation and undermine their economic competitiveness.

  • A major power struggle is brewing in Brussels over who will ultimately control the regulation of crypto in the European Union.
  • Discover the argument for a single, powerful "European SEC" and why proponents say it's necessary to prevent a "race to the bottom."
  • Smaller EU nations are fiercely resisting the plan, warning that it could create a bureaucratic "monster."

This proposal re-ignites a foundational debate at the heart of the European Union's approach to financial regulation: the tension between a single, unified market and the sovereignty of its member states. The push for centralized supervision aims to create a true "Capital Markets Union" where rules are not just harmonized but are enforced consistently by a single body. Proponents argue that this is the only way to effectively police a borderless technology like crypto and to prevent the very "regulatory arbitrage" that has been a growing concern.

The case for granting greater ESMA crypto authority is primarily one of efficiency and consistency. As ESMA Chair Verena Ross pointed out, the current system requires each of the 27 national regulators to build up their own specialized crypto expertise, a massive duplication of resources. More critically, it creates the risk that firms will "shop" for licenses in jurisdictions with the most lenient oversight and then use their "passporting" rights to operate across the bloc. This very issue was recently highlighted by France's threat to challenge the MiCA "passporting" system, a clear sign of distrust among member states and a key argument for a single, impartial supervisor.

However, the move toward centralized supervision is being met with fierce resistance from several smaller EU nations that have successfully cultivated thriving financial and digital asset sectors. Countries like Malta, Luxembourg, and Ireland argue that their national regulators have the local expertise and agility to effectively supervise the market. They fear that a single, pan-European regulator would be a slow, bureaucratic "monster," as one official put it, creating a rigid, one-size-fits-all system that stifles the very innovation the EU claims to support. Malta, for instance, has been a proactive early adopter of the MiCA framework, already granting several licenses to major exchanges like Crypto.com and OKX.

This conflict directly impacts the future of the landmark MiCA framework. MiCA was originally designed as a system of harmonized rules to be enforced by national regulators, with ESMA serving in a coordinating capacity. The new proposal would fundamentally alter this balance, transforming MiCA into a system of direct centralized supervision, at least for major crypto-asset service providers. This could require reopening the original legislation for political negotiation, a process that could introduce fresh uncertainty for an industry that has only just begun to adapt to the new rules.

The outcome of this debate will have significant consequences for the entire crypto industry operating in Europe. Major European-led projects, such as the recently announced plan by major European banks to launch a euro stablecoin, would fall under the direct oversight of ESMA if this proposal is adopted. Likewise, international firms with significant European operations and their investors, like Citi Ventures with its recent backing of a global stablecoin firm, would find their entire continental strategy dictated by a single regulatory body in Paris. While this could simplify compliance in some ways, it also concentrates immense power in one authority.

In conclusion, the European Union is at a fork in the road. The path to greater ESMA crypto authority promises more consistency and efficiency but risks creating a rigid, overly bureaucratic system that alienates member states and potentially stifles innovation. The alternative, maintaining the current system of nationally-enforced harmonized rules, promotes local expertise and competition but risks the very fragmentation and regulatory arbitrage that MiCA was designed to prevent. This power struggle over who holds the leash on Europe's crypto market is far from over.

FAQs

What is the EU proposing for crypto supervision?
The European Commission is reportedly drafting a proposal to grant the European Securities and Markets Authority (ESMA) direct, centralized supervision over major crypto companies, shifting power away from the 27 national regulators.

Why is there a push for more ESMA crypto authority?
Proponents, including ESMA's Chair, argue that centralized supervision would be more efficient and would prevent "regulatory arbitrage," where firms seek licenses in EU countries with the most lenient oversight.

Why are some countries against this proposal?
Smaller, crypto-friendly EU member states like Malta and Luxembourg are pushing back. They argue it would undermine their national sovereignty, threaten their financial sectors, and create a slow, bureaucratic "one-size-fits-all" system that could stifle innovation.

How does this affect the MiCA framework?
It would fundamentally change the MiCA framework's original design, which was based on harmonized rules enforced by national regulators. This new plan would transform it into a system of direct EU-level supervision, at least for the largest firms.

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