On 2 June 2022, Regulation (EU) 2022/858 on a pilot regime for market infrastructures based on distributed ledger technology (DLT Pilot Regime Regulation) was published in the Official Journal of the EU.
The DLT Pilot Regime Regulation provides a legal framework for the trading and settlement of transactions in cryptoassets that qualify as financial instruments within the meaning of the MiFID II Directive (2014/65/EU) to allow for the trading and settlement of "tokenised" securities. Cryptoassets that are not financial instruments will fall to be regulated under the regulatory framework established under the proposed Markets in Cryptoassets (MiCA) Regulation.
The DLT Pilot Regime Regulation also makes certain amendments to the MiFID II Directive (2014/65/EU), the Markets in Financial Instruments Regulation (600/2014) (MiFIR) and the Central Securities Depositories Regulation (909/2014) (CSDR). This is necessary as pre-existing financial services legislation was not created with DLT and cryptoassets in mind and includes provisions that could potentially limit the use of blockchain technology.
The DLT Pilot Regime Regulation came into force on 22 June 2022. It will apply in EU member states from 23 March 2023, except for Articles 8(5), 9(5), 10(6) and 17, which apply from 22 June 2022, and Article 16, which will apply (retrospectively) from 4 July 2021.