ESMA_QA_2608
Topic
Crypto-Asset Service Provider (CASP)
20/02/2025
Subject Matter
Pre-funding clients’ orders with clients’ crypto-assets
Question
Does the Markets in Crypto-Assets Regulation (MiCA) allows crypto-asset service providers (CASPs) to use clients’ crypto-assets for pre-funding client orders?
Level 1 Regulation
MiCA
ESMA_QA_2442
Topic
* EMIR Art.9 reporting
17/02/2025
Subject Matter
Reporting of Settlement Rate Options
Question
How should the Settlement Rate Option be reported for FX products, such as FX non-deliverable forwards or FX non-deliverable options?
Level 1 Regulation
European Market Infrastructure Regulation (EMIR) Regulation (EU) No 648/2012- MDP
ESMA_QA_2441
Topic
* EMIR Art.9 reporting
14/02/2025
Subject Matter
Assessment of significance for the purpose of the Error and Omission Notifications
Question
(a) How should counterparties conduct the significance assessment referred to in Articles 9(1)(a) and 9(1)(c) of Commission Delegation Regulation (EU) 2022/1860 (ITS on reporting under EMIR REFIT)?

More specifically, how should the “NumOfAffReports” and the “Average Monthly Number of Submissions” referred to in the formula for significance in Paragraph 392 of the Guidelines on reporting under EMIR REFIT be calculated?

(b) Paragraph 392 of the Guidelines for reporting under EMIR REFIT states that the actual number of reports should be based on the previous 12 months. In the context of EMIR REFIT being applicable as of 29 April 2024, should data from before 29 April 2024 be included in the 12-month calculation?
Level 1 Regulation
European Market Infrastructure Regulation (EMIR) Regulation (EU) No 648/2012- MDP
ESMA_QA_2439
Topic
Position reporting
13/02/2025
Subject Matter
Q&A on open interest thresholds in energy derivatives
Question
How do open interest thresholds that are denominated in lots such as in Article 83(1)(b) of CDR 2017/565 (10,000 lots) and in Article 57(1) of MiFID II (300,000 lots) translate into underlying units of energy derivatives such as Megawatt Hour (MWh), million British Thermal Units (MMBTU), or Therms (therm)?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets
ESMA_QA_2438
Topic
Best Execution
12/02/2025
Subject Matter
Multiple offers
Question
Can a project owner seek funding for its project through both a crowdfunding offer and an offer to the public of transferable securities which is not a crowdfunding offer?
Level 1 Regulation
Regulation 2020/1503 - European crowdfunding service providers for business