Briefing

The European Parliament and Council have reached a provisional agreement on the new Payment Services Regulation (PSR) and Payment Services Directive (PSD3), a crucial development that directly addresses the regulatory overlap with the Markets in Crypto-Assets (MiCA) framework. This agreement establishes a simpler authorization application process for Crypto-Asset Service Providers (CASPs) already licensed under MiCA, providing a clear regulatory bridge between digital asset services and traditional payment rails. The new framework is expected to enter into force following formal adoption, likely by the end of Q2 2026 , after which a 21-month transition period will begin.

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Context

Prior to this agreement, the existing Payment Services Directive (PSD2) created significant legal ambiguity for CASPs that offered services bordering on traditional payment activities, such as custody linked to fiat transfers. This forced firms to navigate two distinct, complex licensing regimes → MiCA for crypto services and PSD2 for payment services → leading to regulatory duplication, increased operational cost, and compliance friction across the EU’s single market. The prevailing challenge was the lack of clarity on how to leverage a MiCA license to satisfy equivalent requirements under the payments framework.

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Analysis

This regulatory alignment fundamentally alters the operational licensing strategy for CASPs aiming to integrate fiat on/off-ramps and other payment functionalities. By introducing a simpler authorization process, the PSR/PSD3 framework effectively updates the firm’s operational “OS,” reducing the resource drain associated with parallel regulatory applications. The chain of cause and effect is clear → MiCA authorization now serves as a significant input to the PSD3 application, accelerating time-to-market and lowering the capital expenditure required to achieve pan-European service passporting. This integration signals a maturation of the EU’s digital finance strategy, prioritizing regulatory efficiency for compliant entities.

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Parameters

  • Regulatory Instrument → New Payment Services Regulation (PSR) and Directive (PSD3).
  • Jurisdiction → European Union (EU).
  • Key Beneficiary → MiCA-licensed Crypto-Asset Service Providers (CASPs).
  • Transition Period → Expected 21 months after entry into force.
  • Effective Date Estimate → End of Q1 or beginning of Q2 2026 (Entry into force).

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Outlook

The immediate next phase involves the legal linguistic review and formal adoption of the agreed text by the Parliament and Council. This agreement sets a powerful precedent for regulatory equivalence, suggesting that future EU legislation will increasingly recognize and build upon the comprehensive standards established by MiCA. The second-order effect is likely to be increased institutional confidence and investment in CASPs, as the reduced friction in integrating payment services provides a clearer path to scalable, compliant business models across the EU’s 27 member states.

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Verdict

The EU’s regulatory harmonization validates the MiCA framework as the foundational standard for digital asset services, significantly de-risking the integration of crypto and traditional payment systems.

European payments regulation, MiCA authorization process, Crypto-Asset Service Providers, Regulatory passporting, PSD3 directive, Payment Services Regulation, Digital finance strategy, EU compliance framework, Reduced licensing burden, Regulatory harmonization Signal Acquired from → linklaters.com

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