How should the threshold laid down in point (c) of Article 1(2) of ECSPR be calculated?

Do Financial Transmission Rights referred to in the Forward Capacity Allocation Regulation (Commission Regulation 2016/1719) qualify as financial instruments under Annex I, Section C of MiFID II (Directive 2014/65/EU)?

Does the Markets in Crypto-Assets Regulation (MiCA) permit the staking of clients’ crypto-assets by crypto-asset service providers (CASPs) for their own account?

According to the new article 7a(1) EMIR (as issued by (EU) 2024/2987) the obligation to hold an active account according to the second condition is that a Financial counterparty subject to clearing obligation exceeds the clearing threshold in any of the categories of derivative contracts referred to in paragraph 6 of this Article, in an individual category listed in that paragraph or on aggregate across all categories listed in that paragraph.

Is it only cleared paragraph 6 contracts that should be measured against the clearing threshold according to the second condition? If so, should contracts cleared with EU CCP’s, such as Nasdaq Nordiq or Eurex, or third country markets for which there are equivalence decisions granted, such as Chicago Mecantile Exchange (CME) which is relevant for STIR contracts, be excluded?

Are electronic communications or telephone conversations limited to the provision of information about different investment alternatives subject to the record keeping obligation under article 16(7) of MiFID II when there is no possibility to enter into a trade during that interaction?