Suspension Event - IETA Provision

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IETA Emissions Trading Master Agreement

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Suspension Event in a Nutshell

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Suspension Event in all its glory

Suspension Event”: A Suspension Event occurs when, on any date, a Party to the Agreement is unable to perform its Transfer or acceptance obligations under and in accordance with a Transaction through a Relevant Registry as a result of the application of any of the following:
(a) an absence of Registry Operation; or
(b) the occurrence of an Administrator Event.

Comparison

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

Resources and Navigation

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)

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.

Overview

The obvious comparison is with Suspension Event in the ISDA EU Emissions Annex, which is strikingly similar:

Suspension Event: Means any date a party to the Agreement is unable to perform its delivery or acceptance obligations under and in accordance with an EU Emissions Allowance Transaction and the Scheme through a Relevant Registry as a result of the occurrence of any of the following events:

(i) absence of Registry Operation; or
(ii) the occurrence of an Administrator Event.

Summary

IETA Master Agreement versus ISDA Emissions Annex

The odd thing is that while the Suspension Events are virtually identical between the IETA Master Agreement and ISDA EU Emissions Annex, their Settlement Disruption Event regimes could hardly be more different — in that the ISDA annex has one, and the IETA doesn’t.

Process

Governed by Clause 13.4:
(a) Affected party gives notice.
(b) Obligations are suspended until the relevant piece of infrastructure is functioning again, after which there is a 10 Delivery Banking Days grace period — which seems rather long, truth be known, but is truncated to 3 business days before any intervening End of Validity Period Reconciliation Deadline — to resume
(c) There is a Cost of Carry Amount adjustment reflecting the delay to the scheduled delivery date. (d) If you are suspended past the Long Stop Date — as for the ISDA EU Emissions Annex, and arbitrary set of dates two or more years after the originally scheduled delivery dates — you put a line through whatever obligations are left of the trade, but don’t have to return amounts or deliveries already made (to say nothing of collateral — though possibly the return of collateral is implied by the revaluation of the net exposure under the IETA Master Agreement. Or might have been, were there a collateral annex to the IETA Master Agreement.

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See also

References