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EU Digital Finance Package��Cryptoassets & Markets: an Overview

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Agenda

  1. About crypto-assets
  2. About the crypto-assets market
  3. About the crypto-assets use cases
  4. Considerations for the policy framework

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About crypto-assets

A new assets class with tremendous potential

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Crypto-assets

A new asset class with specific characteristics

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Securities

DAO tokens

Utility tokens

Stablecoin

Synthetic assets

Digital objects (NFTs)

Other

Protocol tokens

Very diverse range of assets

What they have in common is that they are all registered on a blockchain, which allows, under some conditions:

  • permanence;
  • direct appropriation, with no intermediary;
  • uniqueness; i.e. prohibition of duplication.

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Crypto-assets

Proposed Taxonomy

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MiCA and Pilot Regime

Illustration of the scope - Assets

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Crypto-assets

Key components

  • A virtual Machine executes the business logic of transactions, referred to as Smart Contracts, the result of which are registered on the blockchain.�
  • Blockchain is the ledger where all the data is stored. This ledger is distributed to all the participants. �
  • Consensus protocol ensures that all the participants are behaving in good faith and the blockchain is consistent between all the participants.

Virtual machine

Consensus protocol

Blockchain

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Crypto-assets

The game-changer: programmability & autonomous execution (“smart-contracts”)

Simple transaction

  • Mr. A creates and sends a simple transaction:

Transfer X crypto-assets to Ms. B

  • The Virtual Machine executes the transaction.

  • The result of the transaction is registered on the blockchain.

Smart-contracts

  • Actor deploys a complex business logic / program on the blockchain that creates a new use case.

  • The protocol adds the smart-contract to the blockchain.�
  • The smart-contract is part of the blockchain and any authorized party can use the smart-contract later on. It will be executed by the Virtual Machine.

=> “Decentralized” use cases

Lending platform

Token

Exchange platform

Stablecoin

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About the crypto-assets market

Booming newcomers, looming incumbents

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Crypto-assets

Constant growth and opportunities

Source: Coinmarketcap

7,500+ crypto-assets

$400 billion marketcap

�300+ exchanges

Numbers: October 2020

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Crypto-assets

Crypto-assets market vs. traditional markets

Source: Coinmarketcap

S&P 500

Bitcoin

Ethereum

Total Crypto

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Crypto-assets

Crypto-assets remain marginal compared to other financial assets in terms of total cap

Source: SLIC

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Crypto-assets

The biggest crypto-exchanges are located out of the EU

Source: Kaiko

Bitflyer

BTC/USD - Traded volume and market share �(first 2 weeks of October 2020)

BTC/EUR - Traded volume and market share

(first 2 weeks of October 2020)

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Crypto-assets

The absence of the EU on the funding stage of the crypto industry

Source: CB Insights, The Blockchain Report 2020

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Crypto-assets

Incumbents’ growing interest

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About the crypto-assets use cases

Centralized or decentralized?

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Crypto-assets

Use cases: centralized or decentralized ?

Centralized

  • Most significant actors
  • Operating through a dedicated legal entity which keeps control on tokens / protocols��
  • Activities :�
    • Issuer of crypto-assets
    • Custodian
    • Multilateral trading facility
    • Broker
    • Portfolio manager
    • Adviser…

Decentralized

  • Most innovative players
  • Deploying smart-contracts on the blockchain, that are ultimately operated by the final clients who are in control of the protocol / tokens
  • Activities�
    • Decentralized Finance (DeFi) - loans, exchanges…
    • Video games
    • Art
    • Coordination mechanisms
    • Insurance...

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A significant distinction: centralized (“traditional”) and decentralized projects

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Crypto-assets

Use cases: centralized or decentralized ?

Centralized

Example:

  • Exchange platform / Multilateral trading facility��
  • Operated and controlled by a company (incorporated in Luxembourg)�
  • IT: A centralized database of trades connected to the blockchain for deposits / withdrawals

Decentralized

Example:

  • Exchange with radically innovative liquidity pools (no orderbooks)�
  • Operated by smart-contracts deployed by a company but not under its control
  • IT: Deployed on the blockchain, transactions are sent directly by the user to the smart-contracts.

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A significant distinction: centralized (“traditional”) and decentralized projects

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Crypto-assets

Use cases: what are crypto-assets used for?

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Established

Emergent

Protocols�

Market-related services (primary and secondary market, custody, portfolio management, advice)�

Security hardware and �software�

Data collection and treatment

Mining / Staking

Decentralized Finance

Creation, distribution, sale of NFTs (unique digital assets)

Collective organizations on blockchain (DAOs)

Stablecoin issuance

Payment in crypto-assets

Activities related to security tokens (custody, issuance, secondary markets, etc.)

Digital identity

RegTech

Central Digital Bank Currencies

Privacy preserving protocols

Decentralized data storage

Decentralized computing power

Primitives

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Considerations for the policy framework

Crypto-assets regulation as a catalyst for safer innovation

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Encourage the benefits while addressing the risks: staying competitive

Growth and jobs

Citizen empowerment

Cost reduction

Trust and transparencies

Alternative fundings

Benefits

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Encourage the benefits while addressing the risks: staying competitive

Security �Infrastructures have been subject to numerous cyberattacks

=> addressed with DORA proposal

Risks

Money laundering & terrorism financing �Limited identification / check requirements of participants, lack of clarity behind compliance, supervision of transactions

=> addressed with 5th AML Directive (extension currently discussed) and FATF recommendations

Investor & consumer protection�Investors/consumers may be exposed to unprotected, speculative and opaque markets & fundraisings

= > addressed by MICA

Financial Stability �The development of this new class of assets and potential alternative means of payments could represent a threat to financial stability

= > addressed by MICA

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MiCA and Pilot Regime

Content of the Draft EU regulation

Two foundational texts to regulate crypto-assets in the EU...

MiCA Regulation �(“Markets in crypto-assets”)

Pilot regime for DLT market infrastructures

Scope - Crypto-assets

Utility tokens, cryptocurrencies and stablecoins (asset-referenced tokens & e-money tokens)

Security tokens (= transferable securities on blockchain)

Scope - Activities

Issuance, exchange, custody, and other “investment services”

Trading on an MTF

Authorised actors

All�except for e-money tokens - restricted to credit institutions

Investment firms

Delivery-�settlement

Central Security Depositories

Regime

Mandatory bespoke regime

Transitional regime towards definitive rules, granting exemptions to financial regulations under conditions

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MiCA and Pilot Regime

Illustration of the scope - Assets

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MiCA and Pilot Regime

Illustration of the scope - Assets

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MiCA and Pilot Regime

Illustration of the scope - Activities

Decentralized

  • Not excluded => in the scope?�
  • Can not respect obligations that imply a control over the assets listed, the operations, etc.�
  • Illegal in the EU?

Centralized

  • Covered by the regulation�
  • Can comply with no major issue�
  • Article 68: ban from listing assets that have been issued with no whitepaper

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The current scope

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MiCA and pilot regime

What’s missing - entirely or in part - for a perfect EU regime?

Allowance for DeFi and other decentralized use cases�Innovation takes place through increasingly decentralised use cases (e.g. so-called decentralised finance, or “DeFi”). Current drafting does hinder or ban those use cases - probably as an unwanted side effect.

Authorization of public blockchains�Public blockchains are not recognized as platform for most innovative use cases.

Equal opportunities between incumbents and newcomers�Barriers to entry high for newcomers, and low for incumbents.

Adapted operational requirements�Certain operational requirements are very costly and out of sync with market practice.

Proportionality�The proportionality is insufficient to cater for different business models in the sector

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THANK YOU

Florian Glatz, President, German Blockchain Association

florian@bundesblock.de

Simon Polrot,

President, ADAN

simon.polrot@adan.eu

Amandine Doat, President of EU Affairs Committee, ADAN

amandine.doat@adan.eu

Marina Markežič, Board member, Blockchain Think Thank Slovenia

marina.markezic@�blockchainthinkthank.si