Title VII: COMPETENT AUTHORITIES, EBA AND ESMA | Chapter 5

Article 126

Administrative penalties and other administrative measures applicable to issuers of significant asset-referenced tokens and issuers of significant e-money tokens under the supervision of EBA

1.   In order to carry out its supervisory responsibilities under Article 117, EBA may conclude administrative agreements on the exchange of information with the supervisory authorities of third countries only if the information disclosed is subject to guarantees of professional secrecy which are at least equivalent to those set out in Article 129. 2.   The exchange of information shall be intended for the performance of the tasks of EBA or of the supervisory authorities referred to in paragraph 1. 3.   With regard to transfers of personal data to a third country, EBA shall apply Regulation (EU) 2018/1725.

Related Recitals (Preamble)

Recitals provide interpretive context and policy rationale for the legislative provisions.

(106)
EBA supervisory powers

Summary: To supervise issuers of significant asset-referenced tokens and of significant e-money tokens, EBA should have the powers, amongst others, to carry out on-site inspections, take supervisory measures and impose fines.