PARIS — France has warned it may try to block some crypto firms licenced in other EU countries from operating domestically as part of a push to get oversight transferred to the bloc’s central securities regulator, the head of its financial watchdog told Reuters.
France’s securities watchdog, the AMF, is concerned that under the EU’s new regulatory regime, crypto companies are seeking out jurisdictions with more lenient licensing standards, its president, Marie-Anne Barbat-Layani, said.
MiCA, a landmark set of digital asset rules which came into force this year, allows crypto companies to apply for licences from individual EU members, which they can use as a “passport” to operate throughout the 27-nation bloc.
The legislation has already exposed inconsistencies in how national regulators apply the rules, raising questions about whether some licences are being granted too quickly and whether cross-border firms are being adequately supervised.
At stake is oversight of the multi-trillion-dollar crypto industry, which regulators globally have long warned could destabilise markets and harm investors if not properly supervised.
On Monday, France joined Italy and Austria in calling for the European Securities and Markets Authority (ESMA), based in Paris, to take over supervision of major crypto firms, according to a position paper seen by Reuters.
In its strongest warning yet, the AMF told Reuters that France would not rule out the possibility of using the “atomic weapon” of challenging the “passporting” of a license granted by a different member state.
A hallmark of the EU’s single market for financial services, “passporting” allows companies authorised by one member state to operate across the bloc. The AMF did not give details about which companies’ licences it could consider challenging, or on what basis.
“We do not exclude the possibility of refusing the EU passport,” Barbat-Layani said. “It’s very complex legally and not a very good signal for the single market – it’s a bit like the ‘atomic weapon’ … but it’s still a possibility we hold in reserve.”
Crypto platforms “are doing their regulatory shopping all over Europe, trying to find a weak link that will give them a licence with fewer requirements than the others,” she added, without providing specific examples.
In Monday’s paper, France’s AMF, Italy’s Consob and Austria’s FMA called on European lawmakers to introduce a mechanism to transfer powers to ESMA.
