The package contains: 

• Regulatory Technical Standards on market abuse that specify systems and procedures to prevent and detect market abuse in cryptoassets, the template for reporting suspected market abuse in cryptoassets as well as coordination procedures between competent authorities for the detection and sanctioning of cross-border market abuse situations. These rules will enable supervisors to address suspicions of market abuse and follow up with enforcement actions where necessary.
• Guidelines on reverse solicitation that confirm ESMA’s previous message that the reverse solicitation exemption should be understood as very narrowly framed and should be regarded as the exception and not be used to circumvent MiCA requirements. This exemption only applies to cases where the client is the exclusive initiator of the service. Guidance is provided on the limited circumstances where this may be the case.
• Guidelines on suitability that specify how cryptoasset service providers (CASPs) providing advice on cryptoassets or portfolio management of cryptoassets have to give suitable recommendations to their clients or make suitable investment decisions on their behalf. These rules are aligned with the MiFID II requirements so that CASPs providing advice both under MiFID II and MiCA would be subject to similar requirements.
• Guidelines on cryptoasset transfer services that aim at ensuring investor protection for clients transferring cryptoassets, by specifying the policies and procedures that CASPs should have in place.
• Guidelines on qualification of cryptoassets as financial instruments who provide conditions and criteria for the qualification of crypto-assets as financial instruments. The guidelines aim to provide more clarity about the delineation between the respective scopes of application of MiCA and other sectoral regulatory frameworks (notably MiFID II).
• Guidelines on the maintenance of systems and security access protocols that apply to offerors and persons seeking admission to trading who are not subject to the same operational resilience standards under MiCA and DORA as their CASP and issuer counterparts. Therefore, the guidelines provide for a streamlined set of principles for entities in scope to manage their ICT risks.

Links to the reports:

Final Report on the Guidelines on reverse solicitation under the Markets in Crypto Assets Regulation (MiCA)

Final Report on the Guidelines specifying certain requirements of the Markets in Crypto Assets Regulation (MiCA) on investor protection – third package

Final Report on the Guidelines specifying Union standards on the maintenance of systems and security access protocols for offerors and persons seeking admission to trading of crypto-assets other than asset referenced tokens and e-money tokens

Final Report on the Draft technical Standards specifying certain requirements in relation to the detection and prevention of market abuse under the Markets in Crypto Assets Regulation (MiCA)

Final Report on the Guidelines on the conditions and criteria for the qualification of crypto-assets as financial instruments

ESMA releases last policy documents to get ready for MiCA - Press Release