
The EU Commission asks whether the stablecoin interest ban should fall, staking and lending get rules, and access to non-EU liquidity widen. Responses due Sept 30.
The European Commission has opened a targeted consultation on the Markets in Crypto-Assets Regulation, known as MiCA, less than two years after it took full effect. The questionnaire, published May 20, 2026, asks whether the ban on interest for stablecoins should fall, whether staking and lending get their own rules, and whether trading platforms can connect customers to liquidity outside the EU more freely. Responses are due by September 30, 2026.
None of these changes have been decided. The Commission is gathering opinions. The consultation document comes from the Directorate-General for Financial Stability, Financial Services and Capital Markets Union and runs to 86 questions. The Commission asks for evidence: data, concrete examples, legal references. Only responses submitted through the online questionnaire count toward the summary report.
The review is not a surprise. MiCA wrote its own revision into the text. Article 140 requires the Commission to report on how the regulation is being applied; Article 142 covers market developments not captured when it was adopted. The consultation invokes both. The wording on the consultation page says the report may, "where justified," be accompanied by a legislative proposal. A proposal is possible, not promised.
One date detail matters. The PDF of the consultation document, dated May 20, 2026, asks for responses by August 31, 2026. The Commission's consultation page carries an extension note and lists the deadline as September 30, 2026, 23:59 CEST. The later date governs. Early analyses citing August 31 are now outdated.
What the consultation covers
MiCA recognises three categories: asset-referenced tokens (ARTs), e-money tokens (EMTs), and all other crypto-assets. Financial instruments fall under securities law. The consultation asks whether this split should stay or whether every asset on a blockchain belongs under MiCA. It names hybrid tokens, wrapped assets, tokenised fund units, tokenised money market instruments, governance tokens, synthetic positions, and NFTs issued in series as hard-to-classify cases.
For retail investors, the boundary question decides what protection applies to tokenised equities. Under securities law, prospectus requirements and investor protection rules apply that MiCA does not have in the same form.
The most investor-relevant question is on the stablecoin interest ban. MiCA prohibits issuers, offerors, and service providers from granting interest or any interest-like remuneration on stablecoins. The ban sits in Article 40 for ARTs and Article 50 for EMTs. Question 20 asks whether the ban should be amended: keep it, or permit interest outright or under defined conditions.
If the ban fell, interest-bearing stablecoins could compete directly with instant-access savings accounts and money market funds. The Commission itself raises the competitive point: the standing of EU-issued stablecoins against yield-bearing alternatives from other jurisdictions.
The reserve section asks whether the liquidity and reserve regime for ARTs should be loosened, kept, or tightened. This includes reserve-holding obligations, the prescribed minimum shares of 30 and 60 percent, audit, and custody. For e-money tokens, the question is whether the share held in bank deposits is appropriate. The consultation explores whether issuers can place reserves directly with a central bank, whether they need a resolution regime, and whether liquidity assistance should be available in an emergency.
A hard factual statement sits in Question 12: after almost two years of application, not a single ART has been authorised under MiCA in the EU. The Commission asks whether that is due to lack of market interest or to the requirements themselves.
Service providers and market access
The Commission asks which services should be added to the MiCA catalogue. One proposal affects investors directly: an appropriateness test for the reception and transmission of orders, execution, and placing of crypto-assets. This is the check on knowledge and experience before a first trade in a product type, familiar from securities.
The most important question for market structure is whether MiCA adequately enables EU consumers to reach trading and liquidity venues outside the Union, or restricts that access excessively. Anyone who has found a token thinly traded or unavailable at European providers knows the practical side.
MiCA carves out services provided in a fully decentralised manner without any intermediary. The consultation offers assessment criteria for the first time: an identifiable intermediary, control through administrator keys, concentration of voting rights, custody of user assets, code that is not open source, and marketing of a protocol by an identifiable person. For protocols that survive this test, the Commission asks whether risks should be caught indirectly through regulated service providers, with due diligence duties, liability, or warning obligations.
The furthest-reaching idea is a certification scheme for decentralised applications. The document defines certification as evidence that an application is robust against smart contract vulnerabilities and operational risks. Questions include whether the scheme should cover all MiCA services, whether private or public bodies would certify, and whether regulated service providers would be barred from connecting customers to uncertified protocols. That last variant would be the change users feel most acutely.
Staking, lending, and new developments
Question 66 asks whether the current approach of not regulating staking services separately is appropriate. At present, staking is mainly caught by general custody and organisational duties. Question 67 turns to crypto lending and borrowing, asking whether this area should be regulated and what elements such regulation would need. For non-fungible tokens, the question is simpler: does the state of the NFT market justify regulating service providers? Under Article 2(3) MiCA, unique and non-fungible crypto-assets have so far been left out.
Section 4.4 names two developments that did not exist on this scale when MiCA was adopted: blockchain-based prediction markets and perpetual futures on crypto-assets. The Commission asks whether prediction markets bring opportunities or risks for EU consumers and whether they belong under MiFID or MiCA. It puts the same classification question for perpetual futures.
With tokenised deposits, digital representations of balances at commercial banks, the issue is the interplay with banking supervision law and deposit guarantee schemes. For savers, this carries the widest implications because it is where the line runs between a bank balance and a crypto instrument.
What the timeline means
No change to your legal position today. The regulation applies unchanged. The direction of the debate is split: on scope, the tendency is towards widening because DeFi, staking, lending, prediction markets, and perpetual futures are all being examined. On the duties of already regulated providers, simplification is on the table under the heading of cutting red tape.
Two points are tangible for your portfolio. The interest ban decides whether the EU will ever see interest-bearing stablecoins from regulated issuers. The question of access to liquidity outside the Union helps decide how broad the trading offer at European platforms turns out to be.
A simple check helps when reading other articles on MiCA reform. Watch whether a piece distinguishes between a question in the consultation document and a decision by the Commission. Formulations such as "the EU will allow interest on stablecoins" are unsupported. What is supported is only that the Commission is asking about the option. A second check is the deadline: anyone citing August 31, 2026, is working from the original document.
The response phase runs until September 30, 2026. The Commission then evaluates the feedback and publishes the responses cleared for publication. Out of that material comes the report under Articles 140 and 142, with the EBA and ESMA involved. Only once that report exists and the Commission sees a need to act does a legislative proposal follow, if at all. It would then pass through the ordinary procedure with Parliament and Council, and after that transition periods start. Between today's consultation and an amended rule lies a realistic path of several years.
(As of August 18, 2026. This article is not investment advice. Prices and fee structures change; check the terms with the provider before you buy.)
Prepared with AlphaScala editorial tooling from the source reporting linked above. Indexable analysis may include a cited Alpha Score value. Publishing checks screen each story before release. Educational coverage, not personalized advice.