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European Commission Opens MiCA Review Consultation, Responses Due 31 August 2026

On 20 May 2026, the European Commission opened a targeted consultation on the review of Regulation (EU) 2023/1114 (MiCA) on markets in crypto-assets, with responses due 31 August 2026. The Commission is assessing whether MiCA remains fit for purpose following its December 2024 full application date. Under Article 360 of MiCA, the Commission must report to Parliament and the Council by 30 June 2027 and may table a legislative proposal to amend the Regulation. Crypto-asset service providers, issuers, and technology providers are invited to submit responses to DG FISMA.

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On 20 May 2026, the European Commission opened a targeted consultation on the review of Regulation (EU) 2023/1114 (MiCA) on markets in crypto-assets, with responses due 31 August 2026. The consultation follows MiCA's December 2024 full application date and assesses whether the Regulation remains fit for purpose given market and policy developments since that date. Under Article 360 of MiCA, the Commission must submit a review report to the European Parliament and the Council by 30 June 2027 and may accompany that report with a legislative proposal to amend the Regulation.

DG FISMA's consultation document covers the scope of MiCA's provisions on asset-reference tokens (Title III), electronic money tokens (Title IV), and crypto-asset services (Title V), the interaction between MiCA and EU payments law, the regulatory treatment of decentralised finance, and the classification of non-fungible tokens under Article 2(3) of MiCA. Crypto-asset service providers authorised under Article 59 of MiCA, crypto-asset issuers, and technology providers whose products are adjacent to MiCA's scope are among those from whom DG FISMA is seeking input.

CASPs authorised under MiCA, crypto-asset issuers, and technology providers whose products sit at the boundary of the Regulation's scope should submit responses to DG FISMA's consultation before the 31 August 2026 deadline. The Commission has indicated that feedback will inform whether decentralised finance platforms, certain non-fungible token categories, staking and lending services, and crypto-to-crypto exchange services may be brought within the Regulation's scope in a potential amending proposal. Responses will feed directly into the Commission's mandatory review report to Parliament and the Council by 30 June 2027.

A legislative proposal to amend MiCA is conditional on the review findings; the Commission may conclude that the Regulation as enacted requires no amendment. All existing MiCA obligations and application dates remain in force pending any potential amendment. Businesses planning CASP authorisation applications in 2026 or 2027 should treat the current Regulation as applicable and should not assume any amendment will alter existing compliance timelines.

Licentium advises crypto-asset businesses on MiCA authorisation and regulatory strategy, including positioning ahead of the 2027 legislative review. Work we undertake includes MiCA CASP authorisation support, crypto-asset issuance structuring, DeFi regulatory assessment, and consultation response preparation for the Commission's MiCA review process.

Source: European Commission, DG FISMA, Commission seeks feedback on the functioning of EU crypto-assets rules (20 May 2026)

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