GTA supporting the grain export container industry New export … · 2016-03-21 · New export...

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New export inspection &

certification arrangements for grains

GTA Container Forum 2013

Geoff Honey

Grain Trade Australia

GTA – supporting the grain export container industry

GTA Container Forum 2013

Geoff Honey

Grain Trade Australia

The GTA strategy changed

Contracts for the container industry

GTA Dispute Resolution Service

Trade & market access activities

DAFF Biosecurity – GPPEICC

NWPGP/NRS & Out Turn Tolerances

Export Contracts & Documentation Course

Aust. Grain Ind. Code of Practice

Presentation – key topics

Delivered Container Contract (2004)

AQIS Grain Industry Consultative Committee

2008 – increasing support to export activities

International Grain Trade Coalition

Chaired Grains Ministerial Task Force

CIF contract (under development)

Grain & Plant Product Export Ind. Advisory C’ttee

Trade & market access activities

The GTA strategy changed

Developed 2004 – development of

regional packers

Reviewed 2012 – all sections of the

contract reviewed

What are the major issues to be

considered when using this

contract?

Delivered Container Terminal (DCT) Contract

Geoff Farnsworth Macpherson & Kelley Lawyers

John Orr Premium Grain Handlers P/L

Matt Kelly KM & WM Kelly & Sons

Matt Tabor Blue Ribbon Seeds

Shane Wall Pea Growers Co-Operative Ltd

Under development

Cost Insurance Freight (CIF) Contract

Geoff Farnsworth Macpherson and Kelley Lawyers

John Orr Premium Grain Handlers

Nathalie Dufils GrainCorp

Josh Taylor Alfred C. Toepfer International (Australia) Pty Ltd

James Roberts CBH Group

Alister Boyd Cargill

Michael Walsh Cargill

James Maw Glencore

GTA Voyage Charterparty - AusGrain

GTA Voyage Charterparty - AusGrain

Australian Wheat Charter (Austwheat)

Commonly used but out of date.

GTA developed an updated Austwheat charterparty

Released for use by members by June 2013

Port Access Code of Conduct

Port Access Code of Conduct Late 2011 – transition to full deregulation

Port Access Undertakings – ACCC – in place

Move to voluntary Code of Conduct

Feb 2012 – Code Development Committee

Upstaged by government – now:

“Mandatory prescribed” Code of Conduct - ACCC

Becomes Code Development Advisory Committee

GTA Dispute Resolution Service

However, a rant first up

If any of your contracts say

“All other terms as per GTA”

Why?

Well what does

“All other terms as per GTA”

actually mean to a Supreme

Court Judge?

To make it absolutely crystal

clear......insert on the cover page of

the contract the following:

This contract expressly incorporates

the GTA Trade Rules in force at the

date of contract and the GTA

Dispute Resolution Rules in force at

the commencement of the arbitration.

On the website:

Arbitrations numbered: 174, 159, 152, 27, 920

Major issue has been variations on the

theme:

Trying to pass grain quality issues at export

destination back to the DCT seller.

DCT arbitrations

DCT Grain Seller Ltd

DCT Grain Buyer Ltd

Contract 1

Contract 2

Quality issue

DCT Grain Buyer Ltd

Overseas Buyer Ltd

Sells to

Sells to

Arbitrations and the issues:

174 – mouldy oats & underweight container (at final

destination)

159 – chickpeas - quality

152 – barley – quality

27 – lentils – delayed AQIS certification

920 – faba beans - quality

DCT Grain Seller Ltd

DCT Grain Buyer Ltd

Contract 1

Contract 2

Quality issue

DCT Grain Buyer Ltd

Overseas Buyer Ltd

Sells to

Sells to

Claim back to

Attempts to claim back from the

Swedish – en nolla

Italian – uno zero

German – eine Null

Finish – nolla

French – un zero

Japanese – 0

or in case languages aren’t your strong point

English - zero, zip, nought success rate to date against the DCT Seller

So what's the success rate against the DCT Seller?

DCT Grain Seller Ltd

DCT Grain Buyer Ltd

Contract 1

Contract 2

Quality issue

DCT Grain Buyer Ltd

Overseas Buyer Ltd

Sells to

Sells to

Claim back to

Attempts to claim back from the

Export Contracts Arbitration Tribunals

Australian based arbitration

Legal qualifications

Maritime law and/or export grain contracts.

Responsibilities:

Procedural Legal adviser to the Tribunal Convene the hearing/draft award

Trade & Market Access Committee (2010)

Not container specific

Supporting bulk & container exports

International Grain Trade Coalition

International phytosanitary standard

Trans Pacific Partnership

Trade & market access activities

Authorised Officers

Harmonisation pan Australia

Inspection

Certification/administration

Fees & charges

DAFF Biosecurity – GPPEICC

What are the major issues for the

container industry?

DAFF Biosecurity – GPPEICC

What are the major issues for the

container industry?

How successful has been the

introduction of the reforms?

DAFF Biosecurity – GPPEICC

NRS – all packers should be participants

Out Turn Tolerances developed by

NWPGP

GTA acts in a secretariat capacity

NWPGP/NRS & Out Turn Tolerances

Melbourne - 5 & 6 September

Export Contracts & Documentation Course

• On-Farm Activities • Sampling and Testing Grain • Storage Facilities • Chemical Use • Grain Quality Management

• Grain Receival • Grain Quality Management during Storage • Grain Outturn – Domestic • Grain Outturn – Export

• Transport • Marketing • Pools • Training • Complaints

Australian Grain Industry Code of Practice

Discussion/ questions

Concluding remarks

Peter Reading - GTA Chairman

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