EBA consults on draft methodology for fines under MiCA

The European Banking Authority (EBA) has published a consultation paper outlining a draft methodology for setting fines as part of its supervisory role under the Markets in Crypto-Assets Regulation (MiCA). The aim is to ensure fines are consistent, proportionate, transparent, and support compliance.

Under MiCA, the EBA supervises issuers of significant asset-referenced tokens (ART) or e-money tokens (EMT) issued by electronic money institutions. When classified as significant, the EBA oversees the issuer’s compliance.

The consultation details the proposed approach for calculating fines when an issuer or management body member negligently or intentionally commits an infringement. The methodology seeks to promote clear enforcement, transparency, and stakeholder understanding of fine determination.

Comments on the consultation can be submitted via the EBA’s consultation page by September 28, 2026. A virtual public hearing will be held on July 16 at 14:30 CEST, with registration open until July 13 at 16:00 CEST. Dial-in details will be provided to registered participants.

All comments received will be published after the consultation unless confidentiality is requested.

Legal basis: Under Article 134(1) of MiCA, the EBA may impose fines and periodic penalty payments if it suspects an infringement has been or may be committed, based on clear grounds.