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Text as of 9 Jun 2023 · Original act (Official Journal of 9 June 2023) · Same wording as today’s text.Today’s text

Article 138 — Delegation of tasks by EBA to competent authorities

Financial servicesLevel 1RegulationMiCAStage: AdoptedVerifiedOfficial source

138(1)

1.Where necessary for the proper performance of a supervisory task in respect of issuers of significant asset-referenced tokens or issuers of significant e-money tokens, EBA may delegate specific supervisory tasks to a competent authority. Such specific supervisory tasks may include the power to carry out requests for information in accordance with Article 122 and to conduct investigations and on-site inspections in accordance with Article 123 or 124.

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138(2)

2.Before delegating a task as referred to in paragraph 1, EBA shall consult the relevant competent authority about:

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138(2)(a)
(a)the scope of the task to be delegated;
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138(2)(b)
(b)the timetable for the performance of the task; and
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138(2)(c)
(c)the transmission of necessary information by and to EBA.
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138(3)

3.In accordance with the delegated act on fees adopted by the Commission pursuant to Article 137(3) and Article 139, EBA shall reimburse a competent authority for the costs incurred as a result of carrying out delegated tasks.

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138(4)

4.EBA shall review the delegation of tasks at appropriate intervals. Such delegation may be revoked at any time.

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