The European Commission’s initiative to enhance the authority of the European Securities and Markets Authority (ESMA) is raising alarm over the centralization of the bloc’s licensing system, even as it indicates broader institutional aims for its capital markets framework.
On Thursday, the Commission released a proposal that seeks to grant “direct supervisory competences” to ESMA for essential market infrastructures, including crypto-asset service providers (CASPs), trading venues, and central counterparties, according to Cointelegraph.
There are concerns that ESMA’s jurisdiction would encompass both the oversight and licensing of all European crypto and financial technology (fintech) firms, which could potentially lead to prolonged licensing processes and stifle the growth of startups, as pointed out by Faustine Fleuret, head of public affairs at decentralized lending protocol Morpho.
“I am particularly worried that the proposal assigns ESMA responsibility for both the authorization and oversight of CASPs, not just monitoring,” she stated to Cointelegraph.
The proposal must still gain approval from the European Parliament and the Council, which are currently in negotiation.
If accepted, ESMA’s role in supervising EU capital markets would more closely mimic the centralized structure of the US Securities and Exchange Commission—a concept initially proposed by European Central Bank (ECB) President Christine Lagarde in 2023.
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Concerns over crypto and fintech slowdown due to EU’s ESMA licensing centralization
The proposal to “centralize” oversight under one regulatory body aims to harmonize national supervisory practices and disparate licensing processes; however, it may inadvertently slow the advancement of the crypto industry, as noted by Elisenda Fabrega, general counsel at Brickken asset tokenization platform.
“Without sufficient resources, this mandate could become overwhelming, resulting in delays or overly cautious evaluations that might disproportionately impact smaller or more innovative companies.”
“Ultimately, the success of this reform will hinge less on its legal structure and more on its practical execution,” which includes ESMA’s operational capacity, independence, and cooperative “channels” with member states, she added.
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The broader initiative aims to facilitate wealth creation for EU citizens by enhancing the competitiveness of the bloc’s capital markets against those of the US.
The US stock market is valued at approximately $62 trillion, representing 48% of the global equity market, while the EU stock market’s total value is around $11 trillion, accounting for 9% of the global share, based on data from Visual Capitalist.
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