Article 2
Scope
1.
This Regulation applies to natural and legal persons and certain other undertakings that are engaged in the issuance, offer to the public and admission to trading of crypto-assets or that provide services related to crypto-assets in the Union.
2.
This Regulation does not apply to:
(a)
persons who provide crypto-asset services exclusively for their parent companies, for their own subsidiaries or for other subsidiaries of their parent companies;
(b)
a liquidator or an administrator acting in the course of an insolvency procedure, except for the purposes of Article 47;
(c)
the ECB, central banks of the Member States when acting in their capacity as monetary authorities, or other public authorities of the Member States;
(d)
the European Investment Bank and its subsidiaries;
(e)
the European Financial Stability Facility and the European Stability Mechanism;
(f)
public international organisations.
3.
This Regulation does not apply to crypto-assets that are unique and not fungible with other crypto-assets.
4.
This Regulation does not apply to crypto-assets that qualify as one or more of the following:
(b)
deposits, including structured deposits;
(c)
funds, except if they qualify as e-money tokens;
(d)
securitisation positions in the context of a securitisation as defined in Article 2, point (1), of Regulation (EU) 2017/2402;
(e)
non-life or life insurance products falling within the classes of insurance listed in Annexes I and II to Directive 2009/138/EC of the European Parliament and of the Council ( 1 ) or reinsurance and retrocession contracts referred to in that Directive;
(f)
pension products that, under national law, are recognised as having the primary purpose of providing the investor with an income in retirement and that entitle the investor to certain benefits;
(g)
officially recognised occupational pension schemes falling within the scope of Directive (EU) 2016/2341 of the European Parliament and of the Council ( 2 ) or Directive 2009/138/EC;
(h)
individual pension products for which a financial contribution from the employer is required by national law and where the employer or the employee has no choice as to the pension product or provider;
(i)
a pan-European Personal Pension Product as defined in Article 2, point (2), of Regulation (EU) 2019/1238 of the European Parliament and of the Council ( 3 );
5.
By 30 December 2024, ESMA shall, for the purposes of paragraph 4, point (a), of this Article issue guidelines in accordance with Article 16 of Regulation (EU) No 1095/2010 on the conditions and criteria for the qualification of crypto-assets as financial instruments.
6.
This Regulation shall be without prejudice to Regulation (EU) No 1024/2013.
( 1 ) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).
( 2 ) Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) (OJ L 354, 23.12.2016, p. 37).
( 3 ) Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan-European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1).
( 4 ) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).
( 5 ) Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).