Crypto Law Profile

EU DLT Pilot Regime (Regulation (EU) 2022/858)

EU pilot regime for DLT market infrastructures handling crypto-assets that qualify as MiFID II financial instruments, with supervised exemptions from parts of MiFID II, MiFIR and CSDR.

European Union In force Regulation Mar 23, 2023

At a glance

Status In force in the EU; main pilot regime applies since 23 March 2023.
Infrastructure types Covers DLT MTFs, DLT settlement systems and DLT trading-and-settlement systems.
Instrument scope Limited to eligible shares, debt or money-market instruments and UCITS under thresholds.
Review context ESMA reported in 2025; Commission proposed DLT Pilot amendments in Dec. 2025.

Overview

Regulation (EU) 2022/858, known as the EU DLT Pilot Regime, is an in-force European Union regulation for market infrastructures using distributed ledger technology. The regime applies mainly from 23 March 2023 and is designed for crypto-assets that qualify as financial instruments under MiFID II, rather than for the broader consumer crypto-asset market covered by MiCA.

The DLT Pilot Regime creates a controlled framework in which approved operators may test trading, settlement, or combined trading-and-settlement models for eligible DLT financial instruments. It is directly applicable across EU Member States and sits alongside existing financial-market legislation, including MiFID II, MiFIR and the Central Securities Depositories Regulation.

EU DLT Pilot Regime overview

The regulation recognises three categories of DLT market infrastructure: a DLT multilateral trading facility, a DLT settlement system and a DLT trading and settlement system. Authorised investment firms and market operators may apply to operate a DLT MTF, authorised central securities depositories may apply to operate a DLT SS, and both groups may apply for a combined DLT TSS. ESMA also notes that new entrants may seek temporary authorisations alongside a DLT Pilot application.

The regime is aimed at tokenised financial instruments. Article 3 limits eligible instruments to shares below a market-capitalisation threshold, certain bonds and money-market instruments below an issue-size threshold, and certain collective investment undertakings below an assets-under-management threshold. It also imposes aggregate market-value caps for instruments admitted to trading or recorded on a DLT market infrastructure.

Key provisions of Regulation (EU) 2022/858

  • Specific permissions: Operators need a specific permission from the relevant national competent authority to run a DLT MTF, DLT SS or DLT TSS under the pilot framework.
  • Targeted exemptions: Competent authorities may grant exemptions from selected MiFID II, MiFIR or CSDR requirements where the operator justifies the exemption and appropriate safeguards are attached.
  • Operational safeguards: Operators must publish clear operating rules, document the DLT used, maintain IT and cyber arrangements, segregate client assets where relevant and address liability for losses.
  • Supervisory reporting: Operators report to competent authorities, while ESMA performs coordination and convergence functions and publishes information on authorised infrastructures.

Jurisdictional impact for DLT market infrastructures

For the European Union, the regime is a market-structure experiment rather than a broad crypto licensing law. It does not replace MiCA, securities law or national company-law rules. Instead, it creates a limited mechanism for supervised market infrastructures to test DLT where standard financial-market rules may not fit the technology. The regulation also preserves investor-protection, market-integrity and financial-stability objectives, including through compensatory measures and withdrawal powers.

As of ESMA's January 2026 authorised-infrastructure list, the EU had authorised DLT market infrastructures in several Member States, including the Czech Republic, Germany, Lithuania, France and Spain. The listed permissions cover DLT settlement systems, DLT multilateral trading facilities and DLT trading-and-settlement systems, with exemptions depending on the operator and infrastructure type.

Status, review and amendment context

The regulation was adopted on 30 May 2022, published in the Official Journal on 2 June 2022, entered into force on 22 June 2022, and applies mainly from 23 March 2023. Some provisions applied earlier, including specified articles from 22 June 2022 and Article 16 from 4 July 2021.

Article 14 required ESMA to report to the Commission on the functioning of the pilot regime. ESMA published its review report on 25 June 2025, finding limited uptake but noting that the regime had encouraged experimentation in DLT-based trading, settlement and compliance. On 4 December 2025, the Commission adopted a Market Integration and Supervision Package that includes proposed amendments to Regulation (EU) 2022/858. As of 14 July 2026, the base regulation remains in force while that broader legislative proposal remains a separate amendment process for editor monitoring.

Key provisions

Specific DLT permissions

Operators may seek permission to run a DLT MTF, DLT settlement system or combined DLT trading-and-settlement system under national supervision.

Licensing Mar 23, 2023 Source

Targeted regulatory exemptions

Competent authorities may grant justified exemptions from selected MiFID II, MiFIR or CSDR requirements with conditions and compensatory measures.

Market structure Mar 23, 2023 Source

Eligible DLT financial instruments

Article 3 limits eligible instruments by type and size, including thresholds for shares, debt or money-market instruments and UCITS.

Securities Mar 23, 2023 Source

Aggregate value thresholds

DLT market infrastructures cannot admit or record new instruments once aggregate value would reach EUR 6 billion; EUR 9 billion triggers transition planning.

Thresholds Mar 23, 2023 Source

Operational and custody safeguards

Operators must document rules, DLT design, IT and cyber controls, asset records and segregation, and mechanisms for complaints and redress.

Custody Mar 23, 2023 Source

ESMA review and coordination

ESMA coordinates supervisory convergence, publishes authorised infrastructure information and reports on the pilot's operation and future options.

Supervision Mar 23, 2023 Source

Timeline

  1. Digital finance package proposed

    The Commission presented legislative proposals forming part of its digital finance package, including the DLT Pilot proposal.

    Proposed Source
  2. Regulation adopted

    The European Parliament and Council adopted Regulation (EU) 2022/858.

    Enacted Source
  3. Published in Official Journal

    Regulation (EU) 2022/858 was published in OJ L 151, pp. 1-33.

    Enacted Source
  4. Entered into force

    The regulation entered into force 20 days after Official Journal publication; certain provisions also applied from this date.

    In force Source
  5. Main application began

    The DLT Pilot Regime began applying across the EU for DLT market-infrastructure permissions.

    In force Source
  6. ESMA Article 14 report

    ESMA published its report on the functioning and review of the DLT Pilot Regime.

    Enacted Source
  7. Amendment package proposed

    The Commission adopted a market integration package proposing amendments to Regulation (EU) 2022/858.

    Proposed Source

Who it affects

Actors

Council of the European Union, ESMA, European Commission, European Parliament, National competent authorities

Asset classes

Crypto assets, DLT financial instruments, Tokenized securities

Official sources

Editorial note

Use neutral legal-reference framing. The base regulation is in force; pending Market Integration and Supervision Package amendments should be monitored separately.