(fra kommisjonsforordningen)

(1) Regulation (EU) 2023/1113 of the European Parliament and of the Council replaced paragraph 9 of Article 45 of Directive (EU) 2015/849 to provide Member States with the possibility to require, in addition to electronic money issuers and payment service providers, crypto-asset service providers established on their territory in forms other than a branch and whose head office is situated in another Member State, to appoint a central contact point in their territory. To ensure a consistent approach to the appointment of a central contact point and to determine the functions of a central contact point across all sectors, Commission Delegated Regulation (EU) 2018/1108 should be amended to include references to crypto-asset service providers. 

(2) To extend the scope of Delegated Regulation (EU) 2018/1108 to crypto-asset service providers and their competent authorities, the definitions of ‘competent authority’ and 'host Member State' should be amended to include references to crypto-asset service providers. 

(3) It is also necessary to introduce in Delegated Regulation (EU) 2018/1108 criteria for determining the circumstances in which host Member States may require crypto-asset service providers to appoint a central contact point. Those criteria should follow the same approach as the approach applied to electronic money issuers and payment service providers, by focusing on the size and scale of the activities carried out by the entity in the host Member State. However, those criteria should be adapted to fit the distinct nature of crypto-asset services. 

(4) As is the case for electronic money issuers and payment service providers, host Member States should be able to require crypto-asset service providers to appoint a central contact point in all cases where it is commensurate with the level of money laundering or terrorist financing risk associated with the operation of those cryptoasset service providers. 

(5) Commission Delegated Regulation (EU) 2018/1108 should therefore be amended accordingly. 

(6) This Regulation is based on the draft regulatory technical standards submitted to the Commission by the European Banking Authority. 

(7) The European Banking Authority has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council,