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Version status: Applicable, Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 29 June 2023 - 29 December 2024
Version 2 of 3

Article 105 Product intervention by competent authorities

1. A competent authority may prohibit or restrict the following in or from its Member State:

(a) the marketing, distribution or sale of certain crypto-assets or crypto-assets with certain specified features; or

(b) a type of activity or practice related to crypto-assets.

2. A competent authority shall only take a measure pursuant to paragraph 1 if it is satisfied on reasonable grounds that:

(a) a crypto-asset gives rise to significant investor protection concerns or poses a threat to the orderly functioning and integrity of markets in crypto-assets or to the stability of the whole or part of the financial system within at least one Member State;

(b) existing regulatory requirements under Union law applicable to the crypto-asset or crypto-asset service concerned do not sufficiently address the risks referred to in point (a) and the issue would not be better addressed by improved supervision or enforcement of existing requirements;