How should the calculation mentioned in the second sentence of Article 7a(4), fifth subparagraph, of EMIR, be done, in order for counterparties to establish whether they can benefit from the derogation regarding the number of trades in each of the most relevant categories to fulfil the representativeness obligation?
Should counterparties that clear more than 85% of the relevant derivatives contracts in the EU still comply with the representativeness obligation under Article 7a(3), point d, of EMIR and the related reporting obligation under Article 7b(1) of EMIR?
Could counterparties that are subject to the active account requirements (i.e. to hold an active account, clear at least a representative number of trades in this active account and the subsequent reporting requirements) and that are part of a group subject to consolidated supervision in the Union, outsource these obligations to another entity of the group?
Could counterparties that are subject to the active account requirements and that are part of a group, outsource the notification to the relevant competent authority and ESMA, as mentioned in the second subparagraph of Article 7a(1) of EMIR, to another entity of the group subject to consolidated supervision in the Union that it belongs to ?