|
|
| (8 intermediate revisions by the same user not shown) |
| Line 1: |
Line 1: |
| [[Settlement Disruption - Emissions Annex Provision|Oft]] mentioned in a similar breath to a {{euaprov|Suspension Event}} and a {{euaprov|Failure to Deliver}}, a Settlement Disruption Event is one of the external events which leads to a suspension of obligations, pending the lifting of the disruption, that are set out in the {{euaprov|Settlement Disruption}} provisions of Paragraph {{euaprov|(d)(i)(4)}} of the {{emissionsannex}}.
| | {{euaprov|Settlement Disruption}} and {{euaprov|Suspension}} beg for comparison, so [[Settlement Disruption and Suspension - Emissions Annex Provision|here]] is one: {{compare|65842|65840}} them. See also our laborious, but probably wasted effort, of a table parsing when, and when not, to apply them: |
| ===For the avoidance of doubt, this is intended to avoid doubt===
| | {{imageflex|name=Disruption Venn|extension=png|47|frame=frameless|align=center|caption=|size=47}} |
| There is a wonderful [[nested uncertainty avoidance device]] buried in the redundant second paragraph, which effectively says, for the avoidance of doubt, this avoidance of doubt paragraph is intended to avoid doubt, and not actually change anything. Here [[Ourobos]] reaches around and eats its own tail: a clause which appears to do something — for why else in a competently-composed passage would it be there? — appears to be there simply to deny its own ''raison d’etre''.
| | ===Traumnovelle=== |
| | | {{Emissions force majeure termination summ|euaprov}} |
| The odd thing is, however that this passage does not ''avoid'' doubt so much as create it, for what ''is''
| |
| :“... the low or non-allocation of {{euaprov|Allowances}} by a {{euaprov|Member State}} or ... the delay or failure of a Member State or Central Administrator to replace Allowances of the {{euaprov|Third Compliance Period}} with {{euaprov|Allowances}} for the {{euaprov|Fourth Compliance Period}}...”
| |
| if it is not “an event or circumstance beyond the control of the party affected that cannot, after the use of all reasonable efforts, be overcome and which makes it impossible for that party to perform its obligations”?
| |
| | |
| Why should that not be a {{euaprov|Settlement Disruption}}?
| |
| ===Settlement Disruption and Suspension=== | |
| {{Suspension v Settlement Disruption}} | |
| | |
| {{M summ EUA Annex (d)(i)(4)(D)}}
| |