Template:M summ EUA Annex (d)(i)(2): Difference between revisions

no edit summary
No edit summary
No edit summary
 
(6 intermediate revisions by the same user not shown)
Line 1: Line 1:
[[(d)(i)(2) - Emissions Annex Provision|All]] tediously quotidian, largely-goes-without-saying stuff, until you stumble over subparagraph (B) like an inattentive trail-runner not noticing a tree-root.
[[(d)(i)(2) - Emissions Annex Provision|All]] tediously quotidian, largely-goes-without-saying stuff, until you stumble over subparagraph (B) like an inattentive trail-runner not noticing a tree-root.


So:  
So: <br>
:(A) you have to comply with the {{euaprov|Scheme}}, and deliver from your {{euaprov|Holding Account}} to the {{euaprov|Receiving Party}}’s. (Quite why it matters ''whence'' the {{euaprov|Allowances}} come we cannot say — a vague fretfulness about theft perhaps? — but ok; let’s run with it. The transfer is done once the {{euaprov|Allowances}} hit the {{euaprov|Receiving Party}}’s account (I know, I know: ''you don’t say''.)
(A)  
:(B) Let’s skip (B) for a minute.
{{Emissions transfer of allowances summ|euaprov}}
:(C) If the {{euaprov|Receiving Party}} has designated multiple {{euaprov|Specified Holding Account}}s — as to ''why'' it would ''have'' multiple accounts, let alone specify them for a single {{euaprov|Transaction}} we can provide no answer beyond basic bloody-minded perversity — but let’s just say — Delivering Party starts at the top and, if for some reason the first-named accounts are subject to some kind of disruption and the later ones are not — again, search us what might cause that — work its way down until it has delivered all EUAs. (If it gets to the bottom unfulfilled, see {{euaprov|Settlement Disruption Event}} and {{euaprov|Suspension Event}}).
:(D) If you deliver outside the normal window during business hours, your delivery is deemed satisfied at the next moment where a window on business hours opens. Workaday stuff that will be familiar with anyone who deals with the settlement of securities for a living.


But (B) — what this is getting at is harder to figure. By simply designating a {{euaprov|Holding Account}} — thereby turning it into a {{euaprov|Specified Holding Account}} — why should a {{euaprov|Delivering Party}}’s obligation thereby be ''limited'' to delivering from that {{euaprov|Holding Account}}?
(B) <br>
We’ll talk about (B) in the {{premium}} section. <br>


If it is empty, does that create some kind of [[impossibility]] or [[frustration of contract|frustration]] as a grounds for release from the contract? That would seem a peculiar outcome. If {{euaprov|Delivering Party}} has other {{euaprov|Holding Account}}s is it not obliged to deliver from those? We cannot imagine this was intended. If the {{euaprov|Specified Holding Account}} is empty or immobilised, perhaps due to some service-provider failure elsewhere, could not the {{euaprov|Delivering Party}} nominate delivery directly from a market counterparty into the {{euaprov|Receiving Party}}’s account?
(C) <br>
If the {{euaprov|Receiving Party}} has designated multiple {{euaprov|Specified Holding Account}}s — as to ''why'' it would ''have'' multiple accounts, let alone specify them for a single {{euaprov|Transaction}} we can provide no answer beyond basic bloody-minded perversity — but let’s just say — Delivering Party starts at the top and, if for some reason the first-named accounts are subject to some kind of disruption and the later ones are not — again, search us what might cause that — work its way down until it has delivered all EUAs. (If it gets to the bottom unfulfilled, see {{euaprov|Settlement Disruption Event}} and {{euaprov|Suspension Event}}). <br>


So many questions.
(D) <br>
If you deliver outside the normal window during business hours, your delivery is deemed satisfied at the next moment where a window on business hours opens. Workaday stuff that will be familiar with anyone who deals with the settlement of securities for a living.
 
But (B)? That’s weird. For more discussion on that, and a compare and contrast with the corresponding IETA provision, see the {{premium}}.