(3)TLPT authorities should assess, in light of an overall assessment of the ICT risk profile and maturity, of the impact on the financial sector, and of related financial stability concerns, whether any type of financial entity other than credit institutions, payment institutions, electronic money institutions, central counterparties, central securities depositories, trading venues, insurance and reinsurance undertakings should be subject to TLPT. The assessment of whether such financial entities meet those qualitative criteria should aim at identifying financial entities for which TLPT is appropriate by using cross-sector and objective indicators. At the same time, the assessment of whether a financial entity meets those qualitative criteria should limit the entities subject to TLPT to those for which the testing is justified. Whether a financial entity meets those qualitative criteria should also be assessed in the light of new markets development and of the increasing importance of new market participants for the financial sector in the future, including crypto asset service providers authorised in accordance with Article 59 of Regulation (EU) 2023/1114 of the European Parliament and of the Council 2 .
Recital 3
- 2 Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 ( OJ L 150, 9.6.2023, p. 40 , ELI: http://data.europa.eu/eli/reg/2023/1114/oj ). ↩