Original Affected Party - EFET Allowance Provision

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2007 EFET General Agreement
Version 2.1(a) (Power)

A Jolly Contrarian owner’s manual™

Original Affected Party 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.

Original Affected Party in all its glory

Original Affected Party” means the person from whose account the first Unauthorised Transfer of any Allowance occurred;

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:

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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Original Affected Party” is part of the Unauthorised Transfers regime, which is more or less the same in all three of the emissions trading documentation suites.

Summary

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The emissions trading world is still haunted by the widescale fraud that beset it in 2010. For more on the history, see the article on emissions allowance theft.

Its reaction was to tighten up the registry system to stop miscreants nicking Allowances, and tighten up the terms in the documentation to make it harder to pass stolen Allowances, and to be more specific about the consequences of doing so. This is part of that effort. The Original Affected Party is the “OV”, so to speak: the original victim of a theft.

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
  • More detail on the background to this concept and what happens to intervening bona fide purchasers for value without notice of the fraud.

See also

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References