D5 Crypto / Digital Assets / Financial Innovation
Crypto / Digital Assets / Financial Innovation
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Globally, the EU AML Package sets the structural direction for crypto-asset supervision through the AML Regulation, the sixth AML Directive, and the Anti-Money Laundering Authority Regulation; for the EEA itself, as a bloc-level jurisdiction, the directly relevant developments this cycle sit inside the Markets in Crypto-Assets Regulation supervisory architecture rather than the AML Package proper. The European Securities and Markets Authority issued an opinion on 8 October 2026, under MiCA Article 66(1), stating that crypto-asset service providers authorised under MiCA should cease providing services connected to non-MiCA-compliant asset-referenced tokens and e-money tokens for European Union clients. This reverses ESMA's narrower January 2025 position, which had permitted custody and transfer of non-compliant stablecoins while restricting other services. National supervisors are expected to direct remediation of pre-existing exposure within approximately three months of the opinion.
Separately, the Council of the European Union agreed a negotiating position on 9 October 2026 to bring the most significant cross-border crypto-asset service providers under direct supervision adjacent to the European Securities and Markets Authority, narrowing but not replacing the current national-competent-authority passporting model under MiCA. This sits at the proposal stage only: thresholds for what counts as a 'most significant' cross-border provider are not yet published, and the position requires European Parliament agreement before it can take effect. The source for this development is a single press account; the Council's own negotiating document was not independently located this cycle, which caps confidence at probable.
Outlook
The approximately three-month remediation window following the 8 October 2026 ESMA opinion points toward a practical deadline in the vicinity of early January 2027 for non-compliant-stablecoin service wind-down, pending the specific direction each national supervisor issues. Whether the Council's CASP-supervision proposal advances depends on European Parliament agreement; until that occurs, the national-competent-authority passporting model remains the operative structure for all but the eventual group of designated significant providers.