EU Emissions Allowance Transaction Annex to the 2005 ISDA Commodity Definitions
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(d)(xii) in a Nutshell™
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(d)(xii) in all its glory
|(d)(xii) Specified Holding Accounts and Modifications of Party’s Specified Holding Accounts
Each party agrees with the other, so long as either party has or may have any obligation under an EU Emissions Allowance Transaction, as follows:
- (1) In respect of Receiving Party:
- (A) Receiving Party shall ensure that one or more of such Holding Accounts registered in accordance with Part (d)(vi)(Requirements under the Scheme) above are specified in the Annex to this Part or in the relevant Confirmation; and
- (B) Receiving Party may from time to time (a) amend the order in which its Specified Holding Accounts are listed, (b) add a new Specified Holding Account as the last on the list of Specified Holding Accounts, and/or (c) remove a Specified Holding Account from those listed, in each case in respect of an EU Emissions Allowance Transaction, provided that it notifies Delivering Party in writing of such amendment, addition and/or removal (including the provision of the relevant account details) no less than thirty (30) calendar days prior to the next Delivery Date under that EU Emissions Allowance Transaction, and provided further that in the case of (a) and / or (c), Delivering Party notifies Receiving Party in writing that it consents to such changes within five (5) Delivery Business Days of receiving such notice from Receiving Party;
- (2) In respect of Delivering Party:
- (A) Delivering Party may specify one or more of such Holding Accounts registered in accordance with Part 7 (d)(vi)(Requirements under the Scheme) above in the Annex to this Part or in the relevant Confirmation; and
- (B) Delivering Party may from time to time, add a new Holding Account or an additional Holding Account to those listed in the Annex to this Part or in the relevant Confirmation provided that it notifies Receiving Party in writing of such addition (including the relevant account details) on or before the day that is ten (10) Delivery Business Days before the next Delivery Date under that EU Emissions Allowance Transaction.
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Fun fact: one of the few significant points of difference between the EUA Annex and the UK Emissions Annex, in that this section does not appear in the UK Emissions Annex.
So many words.
Ok: so to deliver and receive EUAs you need to have approved registered accounts in side the EU ETS. these, once approved, qualify as Holding Accounts. Right. Then in order to perform an EUA Transaction, you need to tell your counterparty — specify to it, in the ’squad’s tedious argot — from which Holding Account you will be delivering EUAs, or into which Holding Account you will be receiving them. These are your Specified Holding Accounts. You can change these from time to time, as long as you give enough notice. You can specify your Specified Holding Accounts either in your Emissions Annex — in which case those designations will apply to all your emissions transactions — or in a Confirmation, in which case it will apply to that Transaction only.
Proper “gives you a thrill to be alive” stuff.
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Template:M sa EUA Annex (d)(xii)