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
- Status: In force (subject to relevant transitional period)
- Source: ESAs (ESMA, EBA, and EIOPA)
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