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Dr Tomasz Tomczak
ORCID: 0000-0002-8499-4553

Associate Professor at the Department of Commercial and Financial Law of the University of Opole (Faculty of Law and Administration). He is an expert in the field of secured transactions, company law and capital markets (including issues related to new technologies). His PhD dissertation entitled Zabezpieczenia akcesoryjne w kredytowaniu konsorcjalnym – problem separacji podmiotowej was found outstanding (cum laude). A graduate of the University of Wrocław, Radboud University in the Netherlands (LL.M.) and the University of Ottawa (LL.M.). Author of publications in renowned Polish and foreign scientific journals. Attorney-at-law cooperating as of counsel with Wrocław law firms.

 
DOI: 10.33226/0137-5490.2026.8.5
JEL: K22, K23, K29, K32, K33, O00, O30, O31, O44, P18, P48, Q51, Q55, Q56

The aim of this article is to critically examine two statements. First, the assertion that crypto-assets consume vast amounts of energy and therefore have a negative impact on the environment. Second, the view that this issue is not addressed at all. These claims are examined primarily from the perspective of the MiCA Regulation, taking into account not only the final text of the legal act, but also its initial draft and the amendments proposed by the European Parliament during the legislative process. The paper concludes that the negative environmental impact is not so much related to cryptoassets in general, but rather to the high energy consumption of some consensus mechanisms. Furthermore, the paper notes that this issue has been widely discussed and has led to changes in the MiCAR text.

Keywords: MiCAR; MiCA Regulation; crypto-assets; distributed ledger technology; DLT; Bitcoin; environment