According to Odaily, the majority of the European Union's Markets in Crypto-Assets Regulation (MiCAR) is set to take effect by the end of this year. However, German companies are currently unable to obtain MiCAR cryptocurrency licenses from the local regulatory authority, BaFin, due to the failure of certain legislative measures. In contrast, foreign companies that have secured licenses elsewhere can operate freely within Germany and across the EU.
The MiCAR framework includes country-specific details, such as the requirement for each nation to designate a regulatory body to issue licenses to crypto-asset service providers (CASPs). In Germany, this responsibility falls to the Federal Financial Supervisory Authority (BaFin). However, the designation of BaFin is part of a legislative draft that has yet to be approved. Given the collapse of the coalition government, the likelihood of this bill passing in the near term is slim. This situation also impacts banks, as institutions like banks or securities companies can extend their licenses to qualify for MiCAR CASP status, a process BaFin currently cannot facilitate.
Germany had existing cryptocurrency regulations prior to MiCAR. The legislative draft stipulates that authorized companies can continue their operations and reapply for MiCAR licenses next year. The initial draft of the Financial Market Digitization Act (FinmadiG) was released in October 2023, introducing the Crypto Market Regulation Act (KMAG), which aims to replace Germany's old crypto rules with MiCAR.
Earlier this week, a group of German scholars addressed a letter to the Finance Committee of the German Bundestag, highlighting Germany's breach of EU law. The German implementation law was supposed to take effect on June 30, coinciding with the enactment of stablecoin (electronic money token) legislation.