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Article 3 - Delegated Regulation 2025/300

Article 3

Information to be exchanged in relation to e-money tokens

Where necessary for the purpose of investigation, supervision and enforcement, competent authorities shall exchange the following information about e-money tokens:

(a)

information and documents received in the context of the notification by an issuer of e-money tokens pursuant to Article 48 of Regulation (EU) 2023/1114 and, where relevant, supplemented thereafter in the framework of supervision, including:

(i)

the name of the issuer, legal entity identifier or another identifier required pursuant to applicable national law as reported pursuant to Commission Implementing Regulation (EU) 2024/2984, its registered address and, where different, head office and its contact details, as referred to in Part A, points 1, 3, 5 and 4, of Annex III to Regulation (EU) 2023/1114;

(ii)

all versions of the crypto-asset white paper referred to in Article 51 of Regulation (EU) 2023/1114;

(iii)

all versions of the marketing communications referred to in Article 53 of Regulation (EU) 2023/1114;

(iv)

information about the organisational structure, operational conditions and compliance with the requirements set out in Title IV of Regulation (EU) 2023/1114 of the issuer of the e-money token, and information provided as part of the authorisation process as credit institution pursuant to Directive 2013/36/EU of the European Parliament and of the Council (9) or as electronic money institution pursuant to Directive 2009/110/EC of the European Parliament and of the Council (10) and as updated in the framework of supervision, including:

(1)

its compliance with the requirements on the investment of funds set out in Article 54 of Regulation (EU) 2023/1114;

(2)

the recovery and redemption plans produced pursuant to Article 55 of Regulation (EU) 2023/1114 and information relating to any updates to them, as well as to any arrangements or measures of the recovery plan effectively implemented pursuant to that Article;

(3)

information on the compliance with the requirements in Article 58(1) of Regulation (EU) 2023/1114, where a competent authority has required an electronic money institution issuing non-significant e-money tokens to comply with such requirements in accordance with Article 58(2) of that Regulation;

(b)

information on any temporary suspensions by a competent authority of the redemption of e-money tokens and an identification of the circumstances that might affect the interests of the holders of e-money tokens and financial stability, pursuant to Article 55 of Regulation (EU) 2023/1114;

(c)

information on any penalty issued pursuant to Regulation (EU) 2023/1114, including criminal penalties, administrative measures or enforcement actions, in relation to an issuer of e-money tokens;

(d)

any other information necessary for cooperation among competent authorities in investigation, supervision and enforcement activities pursuant to Article 95(1) of Regulation (EU) 2023/1114.


(9)  Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338, ELI: http://data.europa.eu/eli/dir/2013/36/oj).

(10)  Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7, ELI: http://data.europa.eu/eli/dir/2009/110/oj).