MiCA: Classification of Cryptoassets

An overview of delegated acts, technical standards, and guidelines regarding classifying cryptoassets.
Last updated 9 October 2026.

ESMA response to the European Commission consultation on the review of MiCA — proposals for legal certainty on classification in Level 1, binding ESMA opinions on token classification, clarification of the treatment of derivatives settled in ARTs and EMTs, and a legal definition of DeFi

  • Status: N/A
  • Source: ESMA

AMLA response to the European Commission targeted consultation on the review of MiCA — recommendation to define “DeFi arrangement” and set common criteria for effective control

  • Status: N/A
  • Source: AMLA

EBA response to the European Commission targeted consultation on the review of MiCA — input on cryptoasset classification challenges, including commodities-linked tokens, wrapped tokens, hybrid tokens, and synthetic exposures

  • Status: N/A
  • Source: EBA

Guidelines on templates for explanations and opinions, and the standardised test for the classification of cryptoassets including ARTs

Guidelines on the conditions and criteria for the qualification of cryptoassets as financial instruments

  • Status: In force (subject to relevant transitional period)
  • Source: ESMA

SMSG advice to ESMA on its consultation papers on reverse solicitation and the qualification of cryptoassets as financial instruments under MiCA

  • Status: N/A
  • Source: SMSG