The European Banking Authority (EBA) has launched a public consultation on draft Regulatory Technical Standards (RTS) aimed at bolstering anti-money laundering (AML) and counter-terrorism financing (CFT) compliance among crypto-asset service providers (CASPs) operating in the European Union. The consultation, open until February 4, 2025, seeks feedback on the criteria for appointing central contact points (CCPs) to ensure compliance with host Member State regulations.

Addressing Supervision Challenges for CASPs

CASPs often provide services across Member States through establishments other than branches, creating challenges for AML/CFT supervision. These establishments, while not always classified as “obliged entities,” must adhere to local AML/CFT rules. The EBA’s draft RTS outlines the criteria for determining when a CCP is necessary and specifies their responsibilities.

To align CASPs with existing frameworks for electronic money issuers (EMIs) and payment service providers (PSPs), the EBA proposes extending the structure of the Commission Delegated Regulation (EU) 2018/1108 to CASPs. Additional provisions are being introduced to address the unique operational models of CASPs.

Consultation Process and Public Hearing

The EBA invites stakeholders to submit comments via its consultation page by February 4, 2025. A virtual public hearing will be held on January 16, 2024, from 15:00 to 17:00 CET. Interested participants must register by January 3, 2024. Feedback collected will be published unless confidentiality is requested.

Regulatory Background and Next Steps

The initiative builds on Article 45(10) of Directive (EU) 2015/849, which mandates the development of RTS for determining when and how CCPs should be appointed. Regulation (EU) 2023/1113, effective December 30, 2024, extends AML/CFT requirements to CASPs, necessitating updates to the existing Commission Delegated Regulation (EU) 2018/1108.

The proposed RTS aims to provide clarity and strengthen regulatory oversight, ensuring that CASPs operate within robust AML/CFT frameworks across Member States.