France's potential move to block EU crypto licenses raises regulatory concerns.

2 min read

France Considers Blocking EU Crypto Licenses Amid Regulatory Concerns

France has signaled its intention to potentially block cryptocurrency firms from operating within its borders under licenses issued by other European Union member states, a move that could challenge the EU’s unified regulatory framework for digital assets. This development comes as France’s financial watchdog, the Autorité des Marchés Financiers (AMF), expresses concerns over companies exploiting regulatory differences within the EU.

EU’s MiCA Regulation Under Scrutiny

Related: Bybit's Strategic Exit from the French Market: A Deep Dive into Regulatory Pressures

The EU’s Markets in Crypto-Assets Regulation (MiCA) was introduced to establish a cohesive regulatory environment across the 27-nation bloc, aiming to prevent regulatory arbitrage. However, France’s recent stance has raised questions about the effectiveness and enforcement of MiCA, particularly its “passporting” provision, which allows firms licensed in one EU country to operate across all member states.

According to a report by Reuters, the AMF is concerned that some crypto firms are seeking licenses in jurisdictions with more lenient regulations. This has led to discussions about whether France’s move aligns with MiCA’s objectives or if it could undermine the regulation’s intent.

Legal and Regulatory Implications

Related: BPCE Group and Hexarq Attain Regulatory Authorization for Crypto Services from AMF

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Legal experts are divided on the feasibility of France’s proposed action. While some argue that France’s approach may contravene MiCA’s principles, others believe it is technically possible, albeit with significant legal challenges. Edwin Mata, a lawyer and CEO of the asset tokenization platform Brickken, stated that the AMF lacks the authority to unilaterally block MiCA-licensed entities from operating in France. Instead, the regulator can only monitor and report concerns to the European Securities and Markets Authority (ESMA).

Marina Markezic, executive director of the European Crypto Initiative (EUCI), highlighted the growing tensions around MiCA’s enforcement. She noted that different national authorities have varying interpretations of key supervisory issues, which could lead to legislative changes and further uncertainty in the industry.

Calls for Centralized Supervision

Related: France Imposes Ban on Cryptocurrency Betting Platform PolyMarket

In response to these challenges, France has joined Austria and Italy in advocating for ESMA to assume a more prominent role in supervising major crypto companies. This proposal, if pursued, could necessitate amendments to MiCA, potentially reopening political negotiations and impacting the regulatory landscape.

As the debate continues, the future of MiCA and its promise of a single, harmonized market for crypto-assets in Europe remains uncertain. Stakeholders across the industry are closely monitoring developments to assess the potential implications for their operations and compliance strategies.

For more details on the evolving regulatory landscape, visit Finextra and CoinDesk.

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