Specified Holding Accounts and Modifications of Party’s Specified Holding Accounts - Emissions Annex Provision

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EU Emissions Allowance Transaction Annex to the 2005 ISDA Commodity Definitions
A Jolly Contrarian owner’s manual™

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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)

Section (d)(xii) in a Nutshell

Use at your own risk, campers!
(d)(xii) Specified Holding Accounts and Modifications of Party’s Specified Holding Accounts:
(1) Receiving Party:
(A) must specify at least one validly registered Holding Account is specified as a Specified Holding Account in the Annex or in the Confirmation; and
(B) may, for any Transaction:
(a) amend the order of its Specified Holding Accounts
(b) add new Specified Holding Accounts, or
(c) remove a Specified Holding Account
As long as it notifies Delivering Party in writing at least thirty (30) calendar days before the next Delivery Date and provided that Delivering Party consents in writing to any amendment or removal within five (5) Delivery Business Days of such notice.
(2) Delivering Party may:
(A) specify at least one validly registered Holding Account as a Specified Holding Account in the Annex or the Confirmation; and
(B) add new Specified Holding Accounts by giving written notice to Receiving Party at least ten Delivery Business Days before the next Delivery Date.

Full text of Section (d)(xii)

(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.

Comparison

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

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.

Summary

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.

See also

Template:M sa EUA Annex (d)(xii)

References