art_104__para_2

2. EBA shall take a measure pursuant to paragraph 1 only if all of the following conditions are fulfilled: the proposed prohibition or restriction addresses a significant investor protection concern or 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 in the Union; the regulatory requirements under Union law that are applicable to the relevant asset-referenced tokens, e-money tokens or crypto-asset services related to them do not address the threat at issue; a relevant competent authority has not taken action to address the threat at issue or the actions that have been taken do not adequately address that threat.

← art_104__para_1__para · All articles · (a) →

Source: EUR-Lex (Cellar) · retrieved 2026-10-10 · Text as adopted (Official Journal); later amendments are not incorporated in this text.