Article 2
Programme of operations
1. For the purposes of Article 62(2), point (d), of Regulation (EU) 2023/1114, applicants shall provide to the competent authority the programme of operations for 3 years following the authorisation, including all the following information:
(a) |
where the applicant belongs to a group as defined in Article 2, point 11, of Directive 2013/34/EU of the European Parliament and of the Council (7), an explanation of how the activities of the applicant fit within the group strategy and interact with the activities of the other entities of that group, including an overview of the current and planned organisation and structure of that group; |
(b) |
an explanation of how the activities of the entities affiliated with the applicant, including where there are regulated entities in the group, is expected to impact the activities of the applicant; |
(c) |
a list of crypto-asset services that the applicant intends to provide and the types of crypto-assets to which the crypto-asset services relate; |
(d) |
other planned activities, regulated in accordance with Union or national law or unregulated, including any services, other than crypto-asset services, that the applicant intends to provide; |
(e) |
whether the applicant intends to offer crypto-assets to the public or seeks admission to trading of crypto-assets and if so, what type of crypto-assets; |
(f) |
a list of jurisdictions, both in the Union and in third countries, in which the applicant plans to provide crypto-asset services, including information on the targeted number of clients by geographical area; |
(g) |
types of prospective clients targeted by the applicant’s crypto-asset services; |
(h) |
a description of the means of access to the applicant’s crypto-asset services by clients, including all of the following:
|
(i) |
the planned marketing and promotional activities and arrangements for the crypto-asset services, including:
|
(j) |
a detailed description of the human, financial and ICT resources allocated to the intended crypto-asset services, and their geographical location; |
(k) |
the applicant’s outsourcing policy and a detailed description of the applicant’s planned outsourcing arrangements, including intra-group arrangements, and the way that the applicant will comply with Article 73 of Regulation (EU) 2023/1114; |
(l) |
the list of entities that will provide outsourced services, their geographical location and the relevant services outsourced; |
(m) |
a forecast accounting plan including stress scenarios at an individual and, where applicable, consolidated group and sub-consolidated level in accordance with Directive 2013/34/EU; |
(n) |
any exchange of crypto-assets for funds and other crypto-asset activities that the applicant intends to undertake, including through any decentralised finance applications with which the applicant intends to interact on its own account. |
For the purposes of point (b), the explanation shall include a list of and information on the entities affiliated with the applicant, including where there are regulated entities, the services provided by those entities, including regulated services, activities and types of clients, and the domain names of each website operated by such entities.
For the purposes of point (k), the applicant shall include information on the functions or person responsible for outsourcing, human and ICT resources allocated to the control of the outsourced functions, services or activities of the related arrangements and on the risk assessment related to the outsourcing.
For the purposes of point (m), the financial forecast shall consider any intra-group loans granted or to be granted by and to the applicant.
2. Where applicants intend to provide the service of reception and transmission of orders for crypto-assets on behalf of clients, they shall provide to competent authorities a copy of the procedures and a description of the arrangements ensuring compliance with Article 80 of Regulation (EU) 2023/1114.
3. Where applicants intend to provide the service of placing of crypto-assets, they shall provide to competent authorities a copy of the procedures to identify, prevent, manage and disclose conflicts of interests and a description of the arrangements in place to comply with Article 79 of Regulation (EU) 2023/1114 and the Commission Delegated Regulation establishing technical standards adopted pursuant to Article 72(5) of Regulation (EU) 2023/1114.
(7) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19, ELI: http://data.europa.eu/eli/dir/2013/34/oj).