Polish crypto-asset service providers risk being locked out of the EU single market because Poland has not yet adopted national legislation to implement the Markets in Crypto-Assets (MiCA) regulation, warns MEP Marcin Sypniewski (ESN) in a parliamentary question submitted on 19 May 2026. The question targets the European Commission, urging it to monitor the situation and consider measures to ensure a level playing field.
Sypniewski highlights that under MiCA, crypto-asset service providers (CASPs) operating under national law before 30 December 2024 may continue until 1 July 2026 or until they are granted or refused authorisation, whichever comes first. However, Poland has not yet enabled its Financial Supervision Authority to receive and process CASP authorisation applications. Even if legislation were adopted immediately, the supervisor would likely be unable to process all requests before the deadline. This could leave Polish providers unable to obtain authorisation, while providers from other Member States can offer services in Poland via the European passport.
Concrete asks and policy orientation The question contains three concrete requests: first, whether the Commission is monitoring Member States' implementation of MiCA and is aware of Poland's lack of an operational authorisation procedure; second, whether the Commission is examining legal, interpretative, or legislative measures to ensure business continuity for entities that cannot obtain authorisation by 1 July 2026 through no fault of their own; and third, what action the Commission intends to take to ensure a level playing field between Polish crypto firms and those from other Member States using the passport.
Impact on stakeholders The situation primarily affects Polish crypto-asset service providers, who face an existential risk of losing their ability to operate legally after the transition period. Polish consumers may also be impacted if domestic providers are forced to cease operations, reducing choice and potentially increasing reliance on foreign providers. The Polish Financial Supervision Authority would face a sudden surge in applications if legislation is passed late. Meanwhile, crypto firms from other Member States stand to benefit from the passporting regime, potentially gaining market share in Poland.
Expected follow-up The Commission is required to respond to the question within approximately six weeks. Its answer will signal whether it views the situation as a national implementation failure to be addressed through infringement proceedings, or whether it is open to interpretative or legislative flexibility to protect affected firms. The response will also indicate the Commission's stance on maintaining a level playing field in the crypto-asset market across Member States.
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