Delivery Location - Emissions Annex Provision: Difference between revisions

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Latest revision as of 08:25, 16 October 2023

EU Emissions Allowance Transaction Annex to the 2005 ISDA Commodity Definitions

A Jolly Contrarian owner’s manual™

Delivery Location in a Nutshell

The JC’s Nutshell summary of this term has moved uptown to the subscription-only ninja tier. For the cost of ½ a weekly 🍺 you can get it here. Sign up at Substack. You can even ask questions! Ask about it here.

Delivery Location in all its glory

Delivering Party’s Delivery Business Day Location: Means, in respect of an EU Emissions Allowance Transaction, the place specified as such in the Confirmation for the relevant EU Emissions Allowance Transaction or, if a place is not so specified:
(i) the place specified in the Annex to this Part [7] as the Delivery Business Day Location for Delivering Party; or
(ii) if no such place is specified, the place in which Seller’s address for purposes of receiving notices connected with the relevant EU Emissions Allowance Transaction is located; or
(iii) if no such address has been given, the place in which Delivering Party has its registered office.

Receiving Party’s Delivery Business Day Location: Means, in respect of an EU Emissions Allowance Transaction, the place specified as such in the Confirmation for the relevant EU Emissions Allowance Transaction or, if a place is not so specified:

(i) the place specified in the Annex to this Part as the Delivery Business Day Location for Receiving Party; or
(ii) if no such place is specified, the place in which Receiving Party’s address for purposes of receiving notices connected with the relevant EU Emissions Allowance Transaction is located; or
(iii) if no such address has been given, the place in which Receiving Party has its registered office.

Comparison

See our natty emissions comparison table between the IETA, EFET and ISDA versions of emissions trading docs

Resources and Navigation

Index: Click to expand:

Pro tip: for tons of information about EU ETS and EU financial services regulation see Michał Głowacki’s magnificent emissions-euets.com website.

Emissions trading documentation
ISDA: EU AnatomyEU Wikitext EU Nutshell (premium) • UK AnatomyUK Wikitext (to be merged into EU Anatomy)
IETA: IETA Master AgreementIETA WikitextIETA Nutshell (premium)
EFET: EFET Allowances AppendixEFET Allowances WikitextEFET Nutshell (premium)

Overview

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Not the sort of verbiage that could be helped by comparison. It would only offend the draftsperson whose innocent text you are comparing it with.

Summary

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To be clear at the outset: There is no actual term “Delivery Location” — to designate a place whence and whither an EUA is delivered — in the Emissions Annex. But there should be, and to make things easier for you, we are going to just carry on as if there were.

The actual terms that cover this idea — yes; plural — are “Delivering Party’s Delivery Business Day Location” and/orReceiving Party’s Delivery Business Day Locationas the case may be.

From the “So, you think you have lost the will to live? Hold my beer” file, firstly who in their right mind, when form,ulating a snappy way of saying Delivery Location, comes up with two separate defined terms each of whicht is six words long?

Secondly, the defined terms are only used once each, ostensibly to “simplify” the concept of “Delivery Business Day”, which itself is barely in need of simplification, meaning as it does:

Delivery Business Day means a business day in both parties’ specified delivery location.[1]

All we are talking about here is ensuring it is a business day in the place whence and whither an EUA is delivered.

Premium content

Here the free bit runs out. Subscribers click 👉 here. New readers sign up 👉 here and, for ½ a weekly 🍺 go full ninja about all these juicy topics 👇
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  • The JC’s famous Nutshell summary of this clause
Template:M premium EUA Annex Delivery Location

See also

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References

  1. Technically, the Delivering Party’s Delivery Business Day Location and the Receiving Party’s Delivery Business Day Location, but this is really too tiresome for words.