Standard conditions in the German grain trade
The standard conditions in the German grain trade ( EHB ) are an agreement of trading conditions, clauses and conditions in the German grain trade . They are negotiated and determined jointly by the working group of the German grain and product exchanges with interested business circles and adapted to the more recent legislation and case law. The standard conditions arose in the early 20th century, between the world wars. An edited version of the standard terms and conditions was presented on August 1, 1980 and revised several times. A version from December 1, 2017 is currently available.
Scope and meaning
The standard conditions are the typical contractual basis for the grain trade in Germany and in other countries near the border. The target market is specified in the introduction to the standard conditions as:
- a) Business with agricultural products and products made from them
- b) Business with feed and fertilizers
- c) Business related to the packaging, transport, insurance and storage of the above goods, as well as
- d) Commission and brokerage business.
The standard terms and conditions become part of the general terms and conditions of German grain traders for agricultural trade . According to technical opinion, the standard terms and conditions are the most important contractual basis for the grain and feed trade as well as for the trade in pulses . The standard conditions are therefore also part of the DLG seminar program on grain marketing by farmers , the advisory services offered by consulting firms in the agricultural environment or by lawyers . The Bundesverband der Agargewerblichen Wirtschaft describes the standard conditions as a tacit part of every grain trade .
Internationalization efforts
Under the direction of the European Commodities Exchange in Strasbourg and with the participation of representatives from other European countries, efforts are being made to work out European standard conditions for the grain trade. For this purpose, the standard conditions of Germany, Austria, Italy and France were compared and compared.
Overseas trade, Austria and Switzerland
In overseas trade, the standard terms are largely meaningless. There, the contracts of the Grain and Feed Trade Association (GAFTA) are preferred for grain and the contracts of the Federation of Oils, Seeds and Fats Associations (FOSFA) for oilseeds . Coming from the English legal system , these are based heavily on decisions from practice and in some cases differ from the standard conditions.
In Switzerland, instead of the standard conditions, mainly the customs of the Swiss grain exchange are used, in Austria mainly the customs of the exchange for agricultural products in Vienna , part A general provisions and part B special provisions for trading in individual goods .
The Dutch VERNOF ( Vereniging van Nederlandse Fabrikanten van Eetbare Oliën en Vetten ) represents a further influence with its own customs, as the customs often apply to goods that are traded from the Dutch ports to inland Europe, for example soy , palm oil products and other oil seeds .
literature
- German commodity exchange (ed.): Standard conditions in the German grain trade, Agrimedia Verlag, Clenze, revised new edition 2017, ISBN 978-3-86263-135-3
Individual evidence
- ↑ a b c d e German commodity exchange (ed.): Uniform conditions in the German grain trade. New edition 2017.
- ↑ a b c Tristan Wegner (2013) Overseas Purchase in Agricultural Trade - The Contract Practice According to GAFTA and Standard Conditions, A Comparative Legal Presentation ; International law studies; Vol. 66; PL Acad. Research, Frankfurt am Main;
- ↑ a b Seminar program 2012/13 of the German Agricultural Society , online ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (PDF; 3.9 MB)
- ↑ Information on the website of the lawyers Osterwald and Wegner , accessed on August 8, 2013
- ↑ 2012 seminars offered by the German Lawyers' Association, online ( Memento of the original from July 14, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 1.4 MB)
- ↑ Brochure offered by the Federal Association of Agricultural Industry e. V., accessed on August 9, 2013
- ↑ a b Raiffeisen-News commodity exchanges push ahead with work on EU grain standard contract. ( Memento of August 10, 2013 in the archive.today web archive ) In: raiffeisen.com , February 7, 2006, accessed on August 6, 2013.
- ↑ Usages of the Swiss Grain Exchange ( Memento of the original dated December 13, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 281 kB) in Lucerne, accessed on August 9, 2013
- ^ Regulations for business dealings on the stock exchange for agricultural products in Vienna (Usages) - Part B: Special regulations for trading in individual goods.
Web links
- Standard conditions in the German grain trade. Working Group of the German Grain and Product Exchanges, April 1, 2007.