Regulators say new EU cryptoasset rules may be needed

By Huw Jones

LONDON (Reuters) – New European Union rules may be needed to better protect consumers from cryptoasset risks, prevent money laundering and stop diverging national regulations from creating unfair competition, EU regulators said on Wednesday.

Regulators have warned investors since 2013 they could lose their shirts by investing in virtual currencies such as Bitcoin and ether, or in initial coin offerings (ICOs) that raise money for companies in return for tokens.

Bitcoin rocketed close to $20,000 in late 2017, sweeping up investors from across the world, but it has since lost three-quarters of its value.

The value of cryptoassets globally peaked at $830 billion a year ago, but fell to $210 billion by October, equivalent to less than 3 percent of the gold market.

The European Banking Authority (EBA) said in a report on cryptoassets that they typically fall outside the scope of EU financial rules, making it harder to build a detailed picture.

EU regulators have identified financial institutions owning cryptoassets directly, making a market in them, lending against cryptoasset collateral, and exchanging cryptoassets for cash, but have little data on these activities.

Market developments also point to the need for a further review of EU anti-money laundering legislation, the EBA said.

A comprehensive cost-benefit analysis would determine what, if any, action is required to regulate “opportunities and risks” from cryptoasset activities and related technologies, EBA said.

The watchdog said a broad approach should be taken, including how high amounts of energy used to mint cryptoassets impact EU climate change and sustainable development goals.

An EU analysis could assess the impact of cryptoasset activities on financial sector resilience, and the links between cryptoassets and traditional banking.

“Given the pace and complexity of change, it would be desirable for a technologically neutral and future-proof approach to be adopted in developing any proposals should it be concluded that EU-level action is needed,” EBA said.

FINDING CONSENSUS

Separately, the European Securities and Markets Authority (ESMA) said some cryptoassets fall under EU securities’ trading rules, but that supervisors face challenges in applying them.

“Meanwhile, a number of crypto-assets fall outside the current financial regulatory framework. This poses substantial risks to investors who have limited or no protection when investing in those crypto-assets,” said Steven Maijoor, ESMA chair.

There is no legal definition of cryptoassets, and gaps in rules would be best addressed at the European level, he added.

The EBA and ESMA recommendations mark a step closer to regulating the sector in Europe after attempts to find global consensus for rules have failed so far to go beyond monitoring the industry more closely.

But finding consensus within the EU may not be easy either.

While most national supervisors in the EU agree that cryptoassets should be subject to regulation, ESMA said, there is little consensus on whether new rules should fall within the bloc’s main “MiFID” securities law.

“There were as well diverging views regarding the extent of that regulatory regime,” ESMA said.

ESMA said it would develop a common “monitoring template” that national regulators can require firms to complete in order to obtain better data. It will also study each business model involving cryptoassets to see if they should be complying with any EU rules.

Regulators already have a range of “robust supervisory powers” to mitigate risks, EBA said. They should take a conservative approach in forcing financial firms to hold capital to cover risks until there is a clear set of accounting rules to help value cryptoassets, it added.

Although the crash in cryptocurrencies’ value has put off some investors, French “Tabac” shops are now selling bitcoins alongside cigarettes and lottery tickets.

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