MiCA and Article 115: Everything You Need to Know About the Communication of Administrative and Criminal Sanctions in the EU

Why Article 115 of MiCA Matters ?

The MiCA Regulation is not all about crypto innovation—sometimes it’s about rules, records, and accountability. Article 115 might not sound glamorous, but it’s a cornerstone of EU crypto compliance.In short, it defines how administrative and criminal sanctions are reported, centralized, and published by two key regulatory bodies: ESMA (European Securities and Markets Authority) and the EBA (European Banking Authority).

Annual Reporting of Sanctions: Transparency Required

Every year, national regulators must send ESMA and the EBA :

• Administrative sanctions imposed under Article 111.

• Other administrative measures related to breaches.

• Anonymized data on criminal investigations and sanctions, when Member States have chosen criminal penalties as provided by Article 111.

The outcome ? ESMA compiles these into an annual report—think of it as the EU’s official “report card” on who followed the rules and who slipped up.

Public Sanctions = Immediate Communication

Whenever a national authority makes a sanction public—be it administrative, criminal, or another measure—it must simultaneously notify ESMA. No delays, no shortcuts: publishing and reporting go hand in hand.

Non‑Public Sanctions: Still No Escape

What about sanctions left unpublished, maybe for confidentiality or ongoing proceedings ? They’re still on the radar. National authorities must report:

• Non‑published administrative sanctions.

• Appeals filed against sanctions and their outcomes.

• Final criminal judgments, once available.

Translation: even what isn’t visible to the public gets captured within the EU’s compliance system.

The Central Sanctions Database : MiCA’s Vault

All this data feeds into a central EU sanctions database managed by ESMA.But don’t get too curious—it’s not public. Instead, it’s an exclusive tool for supervisors : ESMA, the EBA, and national authorities use it to share intelligence and keep oversight watertight. Updated continuously, it ensures regulators always work with up‑to‑date information.

In Short: Article 115 as MiCA’s Transparency Backbone

Behind its technical jargon, Article 115 ensures that all MiCA administrative sanctions and even criminal cases are tracked, centralized, and reported.It’s proof that in the European crypto landscape, transparency is not optional—it’s mandatory.

❓ FAQ: MiCA Article 115 and Sanctions Reporting

1. What is the purpose of Article 115 of MiCA?It governs the reporting of administrative and criminal sanctions to EU authorities (ESMA and the EBA), ensuring transparency and coordination.

2. What sanctions must be reported to ESMA and the EBA ? Administrative sanctions, other regulatory measures, and anonymized/aggregated data on criminal sanctions.

3. What is the EU central sanctions database ? It’s a confidential database managed by ESMA, containing all reported sanctions and measures, accessible only to regulators.

4. Are these sanctions made public ? Some are, through ESMA’s annual report. Others remain confidential and are stored only for supervisory use.