Grading & Warehousing
Grading & Warehousing
Grading & Warehousing
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London Notice No. 2892, issued on 18 May 2007, refers.
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
CONTENTS
Section A Introduction
Section B Interpretation
1. General
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
2. Cocoa
3. Robusta Coffee
1. General
2. Cocoa
2.1 General
2.2 Grading Process
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
Schedule 1
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
Section A
Introduction
4. Authority to amend these Procedures has been delegated by the Board to the
Membership, Rules and Trading Committee. Any such amendments will be
published by London Notice.
5. These Procedures should be read in conjunction with the Rules and the
relevant contract terms and Administrative Procedures for the Cocoa or
Robusta Coffee Futures Contracts, as the case may be. In the event of a
conflict between a provision of these documents, the order of precedence shall
be: the Rules, the relevant contract terms and Administrative Procedures and
then these Procedures.
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
Section B
Interpretation
1. Terms defined in the Rules and the relevant contract terms shall have the same
meaning in these Procedures, except where otherwise specified or defined in
Procedure B 2.
2. In these Procedures:
“bean cluster” means, in respect of the Cocoa Futures Contract, two (or more)
Cocoa beans which are joined together and which are unable to be split into
two (or more) whole single Cocoa beans as a result of the exertion of
reasonable hand pressure.
“block stow” means the storage of a fifty tonne pile of bagged Cocoa on a
single layer of pallets such that all sides of the stack are accessible for
sampling
“Converted Delivery Unit” means a new Delivery Unit which is formed upon
the conversion of part or all of a Nominated Delivery Unit.
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
“GATS” means the electronic grading, tender and delivery system, or any
successor thereto, administered by the Clearing House.
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
“Original Delivery Unit” means a Delivery Unit which is converted into one
or more Converted Original Delivery Units, and shall include, unless the
context otherwise requires, a Nominated Delivery Unit in accordance with the
Cocoa contract terms.
provided that, where the Warrant holder does not have the entire
beneficial interest in the Goods:
“Preliminary sample” is the material initially drawn from the Parcel, Lot or
Delivery Unit.
“Published List of Rent and Movement Out Charges” means a list so titled and
published by the Exchange from time to time on the Euronext.liffe website
containing, by delivery area or port as applicable, details of the maximum
Rent and Movement Out Charges per tonne levied by Warehousekeepers in
respect of Robusta Coffee in bags and for Cocoa in both bags and/or in bulk.
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
“Rent” means a periodic fee (not including any other charges) which a
Warehousekeeper shall be entitled to charge in respect of the storage of a lot
of Robusta Coffee (in bags) or a Delivery Unit (either in bags and/or in bulk)
of Cocoa in a Warehouse and which is levied pursuant to the Grading and
Warehousekeeping Procedures.
“Reporting Day” means the last business day in February and August
respectively, being the day by which Warehousekeepers must inform the
Exchange in writing of, or any changes to, their maximum Rent and
Movement Out Charges in respect of each delivery area or port as applicable
for the next Charge Period following such Reporting Day,
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(a) the singular includes the plural and vice versa (unless the context
otherwise requires);
(e) a Rule, unless the context otherwise requires, refers to a Rule of the
Exchange’s Rules as modified from time to time.
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
Section C
3. A Warehousekeeper:
(a) shall at all times observe high standards of integrity and shall not
perform any actions which may disadvantage any current or potential
Owner of Goods stored within his Warehouse;
(c) should either avoid any conflict of interest or, where conflict arises,
should ensure fair treatment to any Owner of Goods stored within his
Warehouse;
(e) should ensure that all Goods stored for potential delivery against the
Cocoa or Robusta Coffee Futures Contract are properly segregated and
identified, and that proper action has been taken to protect such Goods
against potential risks to their security and integrity;
(f) should organise and control its internal affairs in a responsible manner,
keeping proper records, and should have adequate arrangements to
ensure that persons employed by the Warehousekeeper to perform
duties relating to the storage of Goods are suitable, adequately trained
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
and properly supervised and that well-defined procedures exist for all
relevant duties; and
(g) shall deal with the Exchange in an open and co-operative manner and
keep the Exchange promptly informed of anything concerning the
Warehousekeeper or, Goods stored within his Warehouse which might
reasonably be expected to be disclosed to the Exchange.
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Grading and Warehousekeeping Procedures in respect of
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Section D
1. GENERAL
(a) to satisfy the Exchange that a Warehouse is in good order and to verify
that any faults previously identified have been corrected;
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(b) to ensure that the storage of Goods for delivery against the Cocoa or
Robusta Coffee Futures Contract comply with the relevant contract
terms and these Procedures;
1.2.5 The Exchange will give instructions to the Warehousekeeper in respect of the
rectification of any faults that are found and of any subsequent inspection
considered necessary.
1.2.8 A Warehousekeeper shall allow the Owner to inspect the Goods referred to
therein during normal working hours.
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Grading and Warehousekeeping Procedures in respect of
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1.3.3 A Warehousekeeper shall ensure that all details relating to Goods held by him
in respect of GATS are correctly entered and, when necessary, updated
promptly. Such updates may include, without limitation, revised weights and
date of weighing, sampling details, revisions in respect of re-piling or
conversion of the Goods and removal of Parcels, Lots or Delivery Units from
the system following the removal of any part of a Parcel, Lot or Delivery Unit
from the Warehouse.
1.4.1 If either the member or, if he is not the Owner of the Goods, the Owner on
whose behalf the member is making an application for grading under
Procedures D 2.4.1 or D 3.4.1, and E 1.10:
the Warehousekeeper who issued the warrants in respect of the Parcel, Lot or
Delivery Unit, the member, or the Owner of the Goods, as the case may be,
shall inform the Warehousekeeper and the Exchange of that fact. Where the
Warehousekeeper has knowledge of any beneficial interest it shall be obliged
to inform the Exchange.
1.5.1 The Exchange may at its absolute discretion, supervise, or have supervised by
a Supervision Company the sampling of any Parcels, Lots or Delivery Units.
1.5.2 Following the notification of sampling under Procedures D 2.4.2 or D 3.4.2 the
Exchange may request a Supervision Company to appoint a Supervisor to
supervise the drawing (and if required quartering) and sealing of the sample at
the Exchange’s expense subject to the provisions of Procedure D 1.5.7.
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Grading and Warehousekeeping Procedures in respect of
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1.5.3 Where the Exchange has determined in accordance with Procedure D 1.5.2
that sampling notified under Procedures D 2.4.2 or D 3.4.2 will be supervised
and has notified the Warehousekeeper of such determination, the
Warehousekeeper shall provide the Exchange with information as requested
and in a form determined by the Exchange from time to time.
1.5.4 The Exchange will advise the Supervision Company and the Warehousekeeper
of the appointment and the Exchange reference number. The Exchange
reference number may be for Goods which are:
(c) covered by one or more Bill(s) of Lading or similar document and are
due to be stored by the Warehousekeeper
1.5.5 The Warehousekeeper shall advise the Exchange and Supervision Company of
any changes to the details supplied in accordance with Procedure D 1.5.2 and
D 1.5.3 immediately upon the Warehousekeeper becoming aware of such
changes.
1.5.6 On occasions where the Exchange has advised the Warehousekeeper that
supervision of a sampling operation is to occur under these Procedures, the
Warehousekeeper shall allow Supervisors and/or Exchange officials, access to
the relevant Goods and documents for the purpose of supervising the
sampling.
1.5.8 The Exchange may, and at its sole discretion, specify the start time and date of
any sampling operation. If the Exchange specifies a start time and date for a
sampling operation which is outside of normal Port or Delivery Area working
hours, any additional costs incurred by the Warehousekeeper shall be for the
account of the Exchange.
1.5.9 In the event that the Supervisor is not in attendance at the specified time and
place, the Warehousekeeper shall immediately advise the Exchange and may
start sampling at the agreed time.
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
1.6.1 Without prejudice to any exclusion of liability provision in the Rules, neither
the Exchange nor the Board shall be liable for any loss or damage whatsoever,
whether for negligence, breach of contract, misrepresentation or otherwise, in
respect of:
1.6.2 Nothing in this provision shall operate to exclude or restrict the liability of the
Exchange or the Board for fraud or wilful default.
1.6.3 Parties placing Goods into a Warehouse or taking delivery of Goods in or from
such Warehouse shall accordingly have no claim against either the Board, the
Exchange, or any committee or employee thereof.
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Grading and Warehousekeeping Procedures in respect of
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(e) shall organise and control his affairs in a responsible manner, keep
proper records, have well defined procedures for handling and storing
Cocoa and Robusta Coffee and ensure that his employees, contractors
or agents are suitable, adequately trained and properly supervised;
(f) has in place such insurance as shall be specified by the Exchange in its
absolute discretion from time to time;
(h) has satisfactory communication and office facilities for the production
of Warrants, Lotting Account details and such other documents
relating to delivery;
(k) satisfies any other requirements that the Exchange may prescribe from
time to time.
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Grading and Warehousekeeping Procedures in respect of
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senior management, which for the purposes of this Procedure includes any
director, partner, sole practitioner, senior manager or any other individual
whose position enables them to assert a material influence over the
management of the Warehousekeeper’s operation. Such procedures shall
include, but are not limited to, an assessment against the criteria detailed
below:
(a) whether any such person has been convicted of any criminal offence.
Particular consideration should be given to offences of dishonesty, fraud,
financial crime or other offences relating to companies, insolvency,
money laundering, market manipulation or insider dealing;
(b) whether any such person has been the subject of an adverse finding or
any settlement in civil proceedings particularly in connection with the
formation or management of a body corporate;
(c) whether any such person has been the subject of, or has been interviewed
in the course of, any existing or previous investigation or disciplinary
proceedings by a regulatory authority, clearing house or exchange,
professional or trade body, or government body or agency;
(d) whether any such person has been the subject of any proceedings of a
disciplinary or criminal nature, or has been notified of any potential
proceedings or of any investigation which might lead to those
proceedings;
(e) whether any such person has been involved with a company, partnership
or other organisation that has been refused registration, authorisation,
membership or a licence to carry out a trade, business or profession, or
has had that registration, authorisation, membership or licence revoked,
withdrawn or terminated, or has been expelled by a regulatory or
government body;
(f) whether any such person has been a director, partner, or has been
concerned in the management, of a business that has gone into
insolvency, liquidation or administration while the person has been
connected with that organisation or within one year of that connection;
(g) whether any such person has been dismissed, or has been asked to resign
and resigned, from employment or from a position of trust, fiduciary
appointment or similar;
(h) whether any such person has ever been disqualified from acting as a
director or from acting in any managerial capacity; and
(i) whether any such person being an individual has ever been declared
bankrupt or has made any arrangement or composition with his creditors.
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Grading and Warehousekeeping Procedures in respect of
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(a) meet the criteria for approval specified in Procedure D 1.7 for the
classification of Warehousekeeper in respect of which he is applying;
(c) register at least one Warehouse suitable for the storage of Goods listed
on GATS. For the avoidance of doubt, a Warehousekeeper wishing to
remain on the list of Nominated Warehousekeepers will be required to
have at least one Warehouse in respect of which he is the Nominated
Warehousekeeper.
1.8.3 The Exchange will, when considering an application or readmission, and at the
applicant’s expense, inspect the facilities which are the subject of the
application.
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Grading and Warehousekeeping Procedures in respect of
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1.8.4 A successful applicant will be required to sign the Terms and Conditions of
Appointment of Nominated Warehousekeepers.
1.8.5 Subject to Procedure D 1.8 being completed satisfactorily and upon payment
of both the annual Nominated Warehousekeeper Fee and the annual
Nominated Warehouse Fee, as determined by the Exchange from time to time,
and having made such other financial provisions as may be prescribed by the
Exchange from time to time for the protection of an Owner’s interests, the
applicant will be added to the List of Nominated Warehousekeepers and
Nominated Warehouses published by the Exchange from time to time.
1.9.1 To have a Warehouse approved and for such Warehouse to remain approved,
the applicant Warehousekeeper must ensure that it meets the requirements
specified in Procedure D 1.16 for the classification of Warehouse in respect of
which he is applying.
1.9.3 The Exchange will, at the applicant’s expense, inspect the facilities which are
the subject of the application when considering the application.
1.9.4 Subject to Procedure D 1.9 being completed satisfactorily, the Warehouse will
be added to the List of Nominated Warehousekeepers and Nominated
Warehouses.
1.10.3 A Warehousekeeper shall pay to the Exchange both the annual Nominated
Warehousekeeper Fee and the annual Nominated Warehouse Fee, as
determined by the Exchange, by no later than 31 March each year, or on such
other date as may be notified by the Exchange.
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Grading and Warehousekeeping Procedures in respect of
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1.11 Resignation
1.11.1 A Warehousekeeper wishing to resign from his nominated status shall give 6
months notice in writing to the Exchange.
(a) he has received the consent of all current holders of the relevant
Warrants for the Goods to be transferred in accordance with Procedures
D 1.19 and D 1.20, D 1.23 D 1.24 or D 1.25, as the case may be, into
the control of another Warehousekeeper; or
(b) he has received the agreement of the current holders of the relevant
Warrants that the Goods will no longer be stored in a Warehouse.
1.11.3 Any movement or change in control of Goods which have a Valid Grading
Result which are required to be made by the Warehousekeeper must comply
with Procedures D 1.19 and D 1.20, D 1.21 D 1.23 or D 1.24, as the case may
be.
1.11.4 Any costs incurred in connection with the movement or change in control of
Goods listed on GATS necessitated by the resignation of the Warehousekeeper
shall be for the account of the Warehousekeeper.
1.12 Insolvency
1.12.1 The Exchange must be informed immediately, in writing, either directly by the
Warehousekeeper or via the appointed liquidator or receiver, as the case may
be:
(c) if the Warehousekeeper fails to pay any sum due and payable or
suspends any payment;
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Grading and Warehousekeeping Procedures in respect of
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1.12.2 Upon receiving a notification under Procedure D 1.12.1, the Exchange will
immediately suspend the Warehousekeeper from the List of Nominated
Warehousekeepers and Nominated Warehouses and shall publish such
information by London Notice. The suspended Warehousekeeper will
continue to be bound by the Exchange’s requirements and the Exchange may
give directions as to the status and disposal of Warrants issued by the
suspended Warehousekeeper which relate to Goods stored for potential
delivery against the Cocoa or Robusta Coffee Futures Contract.
1.12.3 Following the suspension of the Warehousekeeper the Exchange will where
possible and at its absolute discretion transfer the registration of the
Warehouse(s) from the Warehousekeeper who has been suspended to another
Warehousekeeper who has made an application to the Exchange to register
such Warehouse(s) and to assume control of any Goods listed on GATS
contained in such Warehouse(s). Any Goods listed on GATS which are stored
in the Warehouse(s) will, with the consent of the Owner of the Goods, pass
into the control of the Warehousekeeper to whom the registration of the
Warehouse(s) has been transferred.
1.12.4 In the event that Goods listed on GATS which are under the control of a
Warehousekeeper who has been suspended are being stored in a Warehouse
registered to another Warehousekeeper, the control of the Goods will, with the
consent of the Owner of the Goods and of the Warehousekeeper to whom the
Warehouse is registered, be assumed by such Warehousekeeper.
1.12.5 In the event that the transfer of registration of a Warehouse under Procedure
D 1.12.3 does not occur, the movement of any Goods from that Warehouse to
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Grading and Warehousekeeping Procedures in respect of
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1.12.6 In the event that the Owner of the Goods does not consent to the control of the
Goods passing, under Procedure D 1.12.4, to the Warehousekeeper in whose
Warehouse the Goods are stored, or in the event that the Warehousekeeper in
whose Warehouse the Goods are stored does not consent to the Goods passing
into his control, the movement of any Goods from that Warehouse to the
Warehouse(s) of another Warehousekeeper shall be in accordance with the
instructions of the Owner of the Goods.
1.12.7 Any movement undertaken under Procedure D 1.12.5 and D 1.12.6 must
comply with Procedures D 1.19 and Procedures D 1.20, D 1.23, ,
D 1.24, or D 1.25 as the case may be, or as otherwise instructed by the
Exchange in its absolute discretion.
1.12.8 Any movement undertaken under Procedure D 1.12.5 and D 1.12.6 shall be the
responsibility of, and for the account of the Owner of the Goods. Upon
completion of the movement of the Goods, the Owner shall present to the
Exchange a detailed account of the costs incurred in the movement of the
Goods. The Exchange may, in its absolute discretion, utilise the performance
bond of the Warehousekeeper who has been suspended to contribute to the
costs incurred by the Owner in the movement of Goods which are listed on
GATS as having a Valid Grading Result or an expired Valid Grading Result.
Any such funds made available by the utilisation of the performance bond in
accordance with these Procedures can only be used to contribute to the costs of
the movement of Goods within the same Delivery Area.
1.12.9 For the purpose of these Procedures the cost of the movement of Goods will be
limited to:
(a) the cost of loading of the Goods onto the means of transportation;
(c) the cost of unloading of the Goods into the receiving Warehouse; and
1.12.10 In the event that the Owner of the Goods does not consent to the control of the
Goods passing to another Warehousekeeper in accordance with Procedures
D 1.12.3 and D 1.12.4, any costs incurred in the movement of the Goods will
be for the account of the Owner. In such instances the Exchange will not
utilise the performance bond of the Warehousekeeper who has been
suspended.
1.12.11 The Exchange, once satisfied that it is in possession of all requests for funds in
accordance with Procedure D 1.12.8, in relation to the suspension of a
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(a) where sufficient funds are available, the cost of moving all relevant
Goods listed on GATS as having a Valid Grading Result or expired
Valid Grading Result will be met. Any surplus funds will be returned
to the issuer of the performance bond; or
(b) where the funds are not sufficient to meet the costs of moving all
Goods listed on GATS as having a Valid Grading Result or expired
Valid Grading Result then the funds will be allocated to meet the cost
of moving:
(ii) if any further funds are available, such funds will be allocated
pro-rata by Owner across all relevant Goods listed on GATS as
having an expired Valid Grading Result.
The Owner may seek to recover any remaining costs from the
Warehousekeeper, his liquidator or receiver as the case may be.
1.12.13 Following any suspension under Procedure D 1.12.2 samples may only be
drawn from Goods currently listed on GATS and shall be drawn under the
supervision of the Exchange or a Supervision Company.
1.12.14 A tender against a position held in the Cocoa or Robusta Coffee Futures
Contract of a Warrant issued by a Warehousekeeper which is made prior to the
suspension of that Warehousekeeper shall not be invalidated, but no further
tenders of Warrants issued by the suspended Warehousekeeper may be made
after his suspension.
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Grading and Warehousekeeping Procedures in respect of
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1.13.4 Subject to Procedure D 1.13.19 in the event that Goods listed on GATS which
are under the control of a Warehousekeeper whose nomination has been
terminated under Procedure D 1.13.2 are being stored in a Warehouse
registered to another Warehousekeeper, the control of the Goods will, with the
consent of the Owner of the Goods and of the Warehousekeeper to whom the
Warehouse is registered, be assumed by such Warehousekeeper.
1.13.5 Subject to Procedure D 1.13.19 in the event that the transfer of registration of a
Warehouse under Procedure D 1.13.3 does not occur, the movement of any
Goods from that Warehouse to the Warehouse(s) of another Warehousekeeper
shall be in accordance with the instructions of the Owner of the Goods.
1.13.6 In the event that the Owner of the Goods does not consent to the control of the
Goods passing, under Procedure D 1.13.4, to the Warehousekeeper in whose
Warehouse the Goods are stored, or in the event that the Warehousekeeper in
whose Warehouse the Goods are stored does not consent to the Goods passing
into his control, the movement of any Goods from that Warehouse to the
Warehouse(s) of another Warehousekeeper shall be in accordance with the
instructions of the Owner of the Goods.
1.13.7 Any movement undertaken under Procedure D 1.13.5 and D 1.13.6 must
comply with Procedures D 1.19, D 1.20, D 1.23, D 1.24 or D 1.25 as the case
may be, or as otherwise instructed by the Exchange in its absolute discretion.
1.13.8 Any movement undertaken under Procedure D 1.13.5 and D 1.13.6 shall be the
responsibility of the Owner of the Goods. Any costs incurred in the movement
of the Goods shall be for the account of the Warehousekeeper whose
nomination has been terminated. Should the Warehousekeeper refuse to co-
operate with the Owner of the Goods with regard to meeting any reasonable
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Grading and Warehousekeeping Procedures in respect of
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costs incurred in the movement of the Goods, the Owner shall inform the
Exchange of this in writing and provide a detailed account of the costs
incurred in the movement of the Goods.
1.13.9 Where the Exchange considers, that such costs as may be advised to it in
accordance with Procedure D 1.13.8 are reasonable, the Exchange may, in its
absolute discretion, utilise the performance bond of the Warehousekeeper
whose nomination has been terminated to contribute to the costs incurred by
the Owner in the movement of Goods listed on GATS as having a Valid
Grading Result or an expired Valid Grading Result. Any such funds made
available by the utilisation of the performance bond in accordance with these
Procedures can only be used to contribute to the costs of the movement of
Goods within the same Delivery Area.
1.13.10 For the purpose of these Procedures the cost of the movement of Goods will be
limited to:
(a) the cost of loading of the Goods onto the means of transportation;
(c) the cost of unloading of the Goods into the receiving Warehouse; and
1.13.11 In the event that the Owner of the Goods does not consent to the control of the
Goods passing to the Warehousekeeper in accordance with Procedures
D 1.13.3 and D 1.13.4, any costs incurred in the movement of the Goods will
be for the account of the Owner. In such instances the Exchange will not
utilise the performance bond of the Warehousekeeper whose nomination has
been terminated.
1.13.12 The Exchange, once satisfied that it is in possession of all requests for funds in
accordance with Procedure D 1.13.8, in relation to the termination of
nomination of a particular Warehousekeeper, will allocate to the Owners of the
Goods the funds deriving from utilisation of the performance bond in the
following manner:
(a) where sufficient funds are available, the cost of moving all relevant
Goods listed on GATS as having a Valid Grading Result or expired
Valid Grading Result will be met. Any surplus funds will be returned
to the issuer of the performance bond; or
(b) where the funds are not sufficient to meet the costs of moving all
Goods listed on GATS as having a Valid Grading Result or expired
Valid Grading Result then the funds will be allocated to meet the cost
of moving:
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(ii) if any further funds are available, such funds will be allocated
pro-rata by Owner across all relevant Goods listed on GATS as
having an expired Valid Grading Result.
The Owner may seek to recover any remaining costs from the
Warehousekeeper.
1.13.13 Under circumstances other than those referred to in Procedure D 1.13.2, either
the Exchange or Warehousekeeper may terminate the nomination of a
Warehouse of the Warehousekeeper or that of the Warehousekeeper by giving
reasonable notice in writing to the other party. Reasonable notice shall be
considered to be six full calendar months or until such time as any Parcel, Lot
or Delivery Unit listed on GATS has been removed from the Warehouse,
whichever is the sooner. The Exchange may from time to time declare what is
to be taken as reasonable notice for the purposes of this Procedure, and
different periods may be so declared for different cases.
1.13.14 Any costs incurred in connection with the movement or change in control of
Goods listed on GATS necessitated by the termination of the nomination of a
Warehouse or Warehousekeeper under circumstances other than those referred
to in Procedure D 1.13.2 shall be for the account of the Warehousekeeper
regardless of whether that termination was at instigation of the Exchange or
the Warehousekeeper.
1.13.15 Where:
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Grading and Warehousekeeping Procedures in respect of
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1.13.17 The Exchange may from time to time give directions as to the status and
disposal of outstanding Warrants where the nominated status of a Warehouse
or a Warehousekeeper has been terminated.
(a) the period of twelve months from the date on which he ceased to be a
Warehousekeeper in relation to such Warehouse; or
(b) the period during which any disciplinary proceedings continue against
him, being proceedings started by the Exchange no later than twelve
months after the date on which he ceased to be a Warehousekeeper
subject to any extension of the period.
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Grading and Warehousekeeping Procedures in respect of
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(a) any contrary provision mutually agreed upon by the Exchange and the
relevant Warehousekeeper; or
(a) to provide and properly maintain facilities for the receipt, storage,
sampling and delivery out of Goods from a Warehouse in accordance
with the Rules, the relevant contract terms and these Procedures for the
classification of Warehousekeeper for which he is nominated;
(c) to enter onto GATS and properly maintain details of Goods held
against Warrant in store as required by the relevant contract terms and
these Procedures;
(d) to ensure that Goods are at all times correctly stored and identified as
required by:
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(g) to pay to the Exchange such registration and other fees as are
provided for in or under the Rules and in the Nominated
Warehousekeeper’s Application Form or as prescribed by the
Exchange from time to time. Such fees shall not be refundable in the
event of resignation or termination of nomination;
(j) to act in such a way that ensures that any landlord, authority or other
person will not acquire a lien, right of pledge or similar charge over
the Goods stored in the Warehouse, and to agree not to exercise any
lien, right of pledge or similar charge in relation to the Goods save in
respect of charges owed to him in relation to the storage of those
Goods. If, notwithstanding this Procedure a lien or other right does
arise the Warehousekeeper shall notify the Exchange in writing
immediately. Where the Warehousekeeper could discharge the lien
he must do so immediately or where this is not possible he must
arrange for all the Goods stored in the Warehouse to be transferred to
another Warehouse, or as the Exchange shall direct, and upon such
transfer shall ensure that the provisions of Procedures D 1.19 , D
1.20, D 1.23, D 1.24 and D 1.25 are complied with; and
(k) to abide by any other Procedures published by the Board from time to
time.
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Grading and Warehousekeeping Procedures in respect of
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1.16.2 Goods listed on GATS must be stored in accordance with Procedures D 2.1
and D 2.2 in respect of Cocoa and Procedures D 3.1 and D 3.2 in respect of
Robusta Coffee.
(c) the Warehousekeeper who has issued the warrants in respect of the
Goods will be responsible for any failure to maintain those Goods to
the standard required by these Procedures and will be sanctioned
accordingly, even though such a failure may be as a result of the
actions of another Warehousekeeper in whose Warehouse the Goods
are stored or the failure of that Warehousekeeper to maintain that
Warehouse to the standard required by these Procedures;
(d) any sampling, weighing or other activity required by the Owner of the
Goods listed on GATS in relation to Goods stored in the Warehouse of
another Warehousekeeper shall be carried out by the Warehousekeeper
who issued the warrants in respect of those Goods; and
32
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
1.16.4 Each Warehouse shall be clearly identified with a name, letter or number and
such designation shall be recorded in the List of Nominated Warehousekeepers
and Warehouses.
(b) keep ground around the outside of a Warehouse free from waste,
lumber, weeds and other debris, to discourage pests and reduce the risk
of fire. The immediate area should also be kept free of trees and other
vegetation whose growth could present a threat to the structure of the
Warehouse;
(c) provide effective lighting in all areas where Goods are stored or
handled. In respect of Warehouses approved for the storage of Bulk
Delivery Units, such lighting should be protected to prevent breakages
falling upon the Goods;
(d) keep pest control logs and records of visits made by the pest control
company;
(g) ensure that all animals, both domestic and wild, are excluded from the
Warehouse; and
(h) bear the cost of maintaining the Goods to the standard required in
Procedure D 1.15.2. In respect of Cocoa, it is understood that the
Warehousekeeper shall make a periodic charge to cover the cost of
fumigation and fogging, in addition to rent that is charged.
1.16.6 In respect of Cocoa or Robusta Coffee, Goods shall be stored in sound bags in
external good order and meeting the criteria prescribed by the Exchange from
time to time.
33
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
1.16.7 In respect of Warehouses nominated for the storage of Goods in bags the
following requirements shall apply:
(a) the following substances must not be stored with Cocoa or Robusta
Coffee stored in a Warehouse:
(v) any other materials that the Exchange may deem to be harmful
to the Goods; and
Robusta Coffee and Cocoa may only be stored in the same Warehouse
when they are piled in such a manner that they could not be affected by
taint e.g. segregated in separate areas of the shed;
(c) a Warehouse shall be kept broom clean, with cleaning materials close
to hand. All spillages shall be tidied up promptly;
(d) a Warehouse and any Goods contained therein shall be kept clear of
infestation by:
34
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
1.16.8 In respect of Warehouses nominated for the storage of Cocoa in bulk, the
following requirements shall apply in addition to those in Procedure D 1.16.7:
(a) the Warehouse shall either be used solely for the purpose of storing
bulk Cocoa, or be fitted with a permanent or temporary screen across
the full height and width of the Warehouse segregating the bulk Cocoa
from all other Goods, including bagged Cocoa, stored within the
Warehouse;
(b) the Warehouse, or area intended for the storage of bulk Cocoa within
the Warehouse, shall be of a size capable of accommodating a
minimum of two Bulk Delivery Units;
(d) equipment should be readily available for the stowage into, loading out
from or movement of Cocoa within the Warehouse;
(e) equipment should be readily available for the batch weighing of Cocoa
stored in bulk. Where the equipment is used to weigh quantities of 5
tonnes or less of Cocoa it shall weigh to a minimum interval of 5 kg
with a tolerance of 7.5 kg above or below the true weight. Where the
equipment is used to weigh quantities of more than 5 tonnes of Cocoa
it shall weigh to a minimum interval of 20 kg with a tolerance of 30 kg
above or below the true weight. The equipment shall be regularly
serviced and re-calibrated at least once a year and tested ever shift
prior to use or following any change in location of the equipment.
Service records shall be available to demonstrate compliance with
these requirements. In the event that a public weighbridge is used,
such weighbridge must comply with these requirements and be
appropriately certified by the local authorities;
(h) bags meeting the criteria prescribed by the Exchange from time to time
must be readily available in sufficient quantities to allow for the
bagging of a Bulk Delivery Unit.
35
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(a) that are arranged, filed and indexed so as to allow prompt access to any
particular record;
(c) which provide a complete audit trail of the Goods from the time that
they were taken into store by the Warehousekeeper.
1.17.2 Subject to Procedure D 2.8.2 (d) and D 2.8.2 (i) in respect of Cocoa, the
records that a Warehousekeeper shall maintain on file:
(a) as proof of identity of Goods shall include, but is not limited to, Bills
of Lading, Warehouse receipts, storage instructions received from the
Owner of the Goods and any other such documents which may aid in
identifying the relevant Goods and their date of shipment from Origin;
and
1.17.3 The position of each Parcel, Lot or Delivery Unit within the warehouse shall
be recorded and maintained by the warehousekeeper on a storage plan of the
warehouse or on a list of storage zones or locations of the Warehouse in a
manner that will allow an Exchange official or other third party readily to
locate and identify the Parcel, Lot or Delivery Unit.
1.17.5 All records relating to Goods shall be retained for a minimum of two years
following delivery out of the Goods and shall be held in such a manner that
they may be promptly accessed upon request and are reasonably safeguarded
against loss, alteration or destruction.
36
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
1.17.6 A Warehousekeeper shall keep all the records specified in Procedure D 1.17
and all information held in its capacity as Warehousekeeper confidential at all
times except where directed to disclose such information by the Exchange in
its absolute discretion or where otherwise required by these Procedures.
1.18.2 At a time and in such a manner as may be prescribed by the Exchange from
time to time, any Warehousekeeper having a Warehouse nominated for the
storage of:
(a) Cocoa shall advise the Exchange of the number of Standard, Large and
Bulk Delivery Units which are in store in the Warehouse and are the
subject of:
or
(b) Robusta Coffee, shall advise the Exchange of the number of Parcels
and the number of Lots which are in store in the Warehouse and are the
subject of:
1.18.3 The Exchange will use such information to compile data relating to the total
number of Lots of Robusta Coffee or Delivery Units of Cocoa, as the case may
be, stored in Warehouses. The Exchange may, in its absolute discretion,
publish information relating to the total number and type of Lots of Robusta
Coffee or Delivery Units of Cocoa, which are the subject of Valid Grading
Results, expired Grading Results, or which are not tenderable, stored in each
port or Delivery Area.
37
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
1.19.3 For the purpose of these Procedures, control of the Goods shall be deemed to
be exercised by the Warehousekeeper issuing the Warrant for the Goods.
1.19.4 In respect of Goods having a Valid Grading Result and which do not,
according to these Procedures, require regrading before they may be tendered,
then:
(a) prior to the change of control and where relevant, movement, of Goods
between different Warehousekeepers, the current and new
Warehousekeepers shall jointly inspect the Goods at the Warehouse of
the current Warehousekeeper to verify the identity of the Goods which
are the subject of the change in control, and to determine the external
good order of such Goods; and
38
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
1.19.5 The Exchange shall have the discretion to require independent supervision of
the movement of Goods having a Valid Grading Result.
1.19.6 All costs incurred in following the requirements laid out in Procedure D 1.1.19
to D 1.24, as the case may be, and including, inter alia, the costs of
independent supervision, where relevant, shall be for the account of the:
1.19.7 In order to ensure the integrity of the audit trail in circumstances where
movement of Goods occurs, the following shall be provided by the current
Warehousekeeper to the new Warehousekeeper:
(c) any other information as the Exchange may require from time to time.
39
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(b) require the regrading of any Goods having a Valid Grading Result
under circumstances where it is the subject of a movement or change in
control; or
(i) the reason for the intended change in control of the Goods; and
(ii) where the change in control of the Goods is at the request of the
Warehousekeeper, evidence that the written consent of the
Owner of the Goods has been obtained.
(i) either re-weigh the Goods and, unless otherwise agreed with
the Owner, take responsibility for any loss in weight, if
applicable, or accept the weights recorded in GATS;
(ii) advise the Exchange of the new Lotting Account details (the
Exchange shall give directions as to which details shall be input
40
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(iii) issue new Warrants against the Goods in exchange for all
existing Warrants, and advise the Exchange of the new Warrant
numbers and the numbers of the Warrants which they replace.
1.20.2 Change in control of the Goods may not take place until such time as the
Exchange has received the above and any additional information it may
require, and has given its written consent. The new Warehousekeeper shall
inform the Exchange upon completion of the change in control.
1.21.1 Prior to any movement of Goods from one Warehouse directly to another
Warehouse within the same Delivery Area and under the control of the same
Warehousekeeper, the Warehousekeeper shall make a written application to
the Exchange, giving the following information:
1.21.2 Movement of the Goods may not commence until such time as the Exchange
has received the above and any additional information it may require and has
given its written consent. The Warehousekeeper shall inform the Exchange
upon completion of the movement of the Goods and shall advise the Exchange
of the new Lotting Account details (the Exchange shall give directions as to
which details shall be input into GATS by the Exchange, and which by the
Warehousekeeper).
1.21.3 A Bulk Delivery Unit which has been moved from one Warehouse to another
pursuant to Procedure D 1.21 may not be tendered until it has been regraded as
tenderable.
41
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
1.22 Movement of Goods within the same Delivery Area for the purpose of
fumigation
(a) gives the Exchange two working days’ notice of the intended
movement of the Goods; and
(ii) he will re-weigh the Goods and, unless otherwise agreed with
the Owner, take responsibility for any loss in weight, if
applicable.
1.23 Movement of Goods within the same Delivery Area - Warehouses under
the control of different Warehousekeepers
(i) the reason for the intended movement and change in control of
the Goods; and
(i) either re-weigh the Goods and, unless otherwise agreed with
the Owner, take responsibility for any loss in weight, if
applicable, or accept the weights recorded in GATS;
(ii) advise the Exchange of the new Lotting Account details (the
Exchange shall give directions as to which details shall be input
into GATS by the Exchange, and which by the
Warehousekeeper); and
42
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(iii) issue new Warrants against the Goods in exchange for all
existing Warrants, and advise the Exchange of the new Warrant
numbers and the numbers of the Warrants which they replace.
1.23.2 Movement and change in control of the Goods may not commence until such
time as the Exchange has received the above and any additional information it
may require, and has given its written consent. The new Warehousekeeper
shall inform the Exchange upon completion of the movement and change in
control of the Goods.
1.23.3 A Bulk Delivery Unit which has been moved from one Warehouse to another
pursuant to Procedure D 1.23 may not be tendered until it has been regarded as
tenderable.
1.24.1 In the event that movement of Goods from one Warehouse to another in a
different Delivery Area under the control of:
1.24.2 Any such Goods having a Valid Grading Result may not be tendered following
such movement until the Goods have been regraded as tenderable.
(a) do not move out of a Warehouse but the control of the Goods changes
from one Warehousekeeper to another Warehousekeeper; or
then the Exchange may require that the Goods are regraded as tenderable
before they may be tendered if the Exchange concludes that the specific
circumstances warrant such an approach.
43
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
1.26.2 The details of Rent and Movement Out Charges notified to the Exchange
pursuant to Procedure 1.26.1 above shall state the maximum amount
(inclusive of any applicable taxes) which the Warehousekeeper may charge by
the applicable delivery area and/or port in respect of a lot of Robusta Coffee
(in bags) or a Delivery Unit of Cocoa (in bags and/or in bulk) stored in any of
the applicable delivery areas and/or ports during the next Charge Period
following the Reporting Day.
1.26.3 A Warehousekeeper may not impose any charges in relation to the delivery of
goods out of a Warehouse on to a truck or a lorry other than a Movement Out
Charge. However, nothing in this Procedure D 1.26 shall prevent a
Warehousekeeper from agreeing with an Owner:
44
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(b) to charge a different amount from the Movement Out Charge for the
delivery of goods from within a Warehouse on to a different means of
transport; or
(c) for the provision of additional services, and additional charges for such
services, in addition to those services covered by the Rent and
Movement Out Charge,
1.26.4 The Exchange will publish, in respect of each Charge Period, details of Rent
and Movement Out Charges notified to the Exchange pursuant to Procedure
D 1.26.1 in the Published List of Rent and Movement Out Charges on the
Euronext.liffe website.
(a) the applicable delivery area(s) and/or port(s) and the charge(s) to
which the application applies;
(c) the reason for, and evidence in support of, the application.
1.26.7 The Exchange shall give its consent to any such application for an increase to
its charges to the extent it considers, in its absolute discretion, that the
Warehousekeeper has given reasonable evidence that the reasons cited in
45
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
Procedure D 1.26.6 have given, or will give, rise to a significant increase in its
costs in providing the services covered by the relevant charge.
46
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
2. COCOA
(d) where a Delivery Unit is composed of palletised bags the bags on each
pallet shall relate only to that Delivery Unit. Where there is a balance
of bags making up a Delivery Unit which is insufficient to fill a pallet
to capacity, those remaining bags shall be exclusively stored on a pallet
which shall be marked in accordance with Procedure D 2.2 and placed
either on top of the column of pallets comprising the majority of the
Delivery Unit or at the end of the row in which the Delivery Unit is
piled;
(iii) from any other Cocoa or other goods to allow compliance with
Procedure D 2.1 (f); or
(f) at least 40% of the bags in a Delivery Unit or non –adjoining row or
pile of a Large Delivery Unit must be accessible for sampling. Where
the Delivery Unit is composed of palletised bags stored in columns or
rows, at least one side of each pallet shall be readily accessible for
sampling. Where the Parcel, Lot or Delivery Unit forms all or part of a
block stow, or is composed of two block stows, all sides of the block
stow shall be readily accessible for sampling;
2.1.2 In respect of Cocoa stored in bulk, the following storage requirements shall be
observed in addition to those in Procedure D 1.16.8:
47
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(i) in one pile segregated from all other Bulk Delivery Units or,
other Cocoa stored in bulk, by temporary or permanent
partitioning as detailed in Procedure D 1.16.8 (c) and in such a
way as to ensure the Goods are secure from theft; or
2.1.3 A Delivery Unit may not, in whole or in part, be comprised of Cocoa which
previously comprised a Delivery Unit graded as not tenderable.
2.2.1 Subject to Schedule 1 of these Procedures, each Delivery Unit shall be readily
identifiable by the warehousekeeper and the Exchange officials. The
following minimum requirements for the identification of a Delivery Unit
shall apply:
(a) where a Delivery Unit is composed of bags placed on pallets which are
stored in rows and/or columns;
(i) a hard wearing and durable label, visible from the aisle side of
the column and/or row shall be securely fastened to either a bag
lying on the first of the storage sequence or the pallet itself and
shall show, as minimum, the warrant number relating to the
48
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(ii) a bag on the bottom layer of bags of each pallet and visible
from the aisle side of the column and/or row shall be marked
clearly, legibly and indelibly on the fabric of the bag with the
warrant number of the Delivery Unit;
(c) for a Bulk Delivery Unit a label, showing as a minimum the warrant
number, shall be attached to the front wall or edge of the storage area.
In addition, an A4 size label attached to a post and showing as a
minimum the warrant number, shall be placed no further than two
metres into the front of the bulk pile.
(a) when the Cocoa is combined to form the Delivery Unit in accordance
with Procedure D 2.1;
(b) each time Cocoa contained in the Delivery Unit is bagged, rebagged or
debagged in accordance with Procedures D 2.10 to D 2.13, as the case
may be;
(d) each time the Delivery Unit is moved or is the subject of a change in
control, in accordance with Procedures D 1.19 to D 1.25, as the case
may be; and
(e) in respect of a Bulk Delivery Unit, each time the Bulk Delivery Unit is
re-piled, including, without limitation, when it is re-piled in order to be
sampled for grading under Procedure D 2.6.
49
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
2.3.2 The tare weight of the bags shall be that ascertained when goods were
originally entered into GATS.
(b) upon completion of drawing the sample, send the sample direct to the
Grading Room, for assessment by a Grading Panel appointed by the
Exchange; and
(c) input the Lotting Account details onto GATS dated no later than two
business days after the date of the drawing of the sample, or in respect
of a Bulk Delivery Unit, upon completion of the drawing of the sample
in accordance with Procedure D 2.6; and
(d) if the Delivery Units sampled have been formed of Cocoa newly
arrived at the Warehouse and have been sampled under the provisions
of Procedure D 1.5, inform the Exchange no later than two business
days after the date of the drawing of the sample of the numbers of the
warrants which represent those Delivery Units.
2.4.4 Before sampling, the Delivery Unit identified correctly in accordance with
Procedure D 2.2 shall be inspected by the Warehousekeeper and, if nominated,
the Supervisor shall confirm that;
(a) the Goods comply with Procedures D 2.1.1 and D 2.2; and
(b) all sampling apparatus is clean, dry and free from foreign odours.
50
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
2.4.5 Where the conditions of Procedure D 2.4.4 are not met the Warehousekeeper
or, if nominated, the Supervisor shall immediately contact the Exchange which
shall determine what action shall be taken before sampling can commence.
2.4.6 Any sample which is to be presented to the LIFFE Grading Room and
represents either a Standard or Large Delivery Unit shall be drawn (and if
required quartered) and sealed, on the same day. Any sample which is to be
presented to the LIFFE Grading Room and represents a Bulk Delivery Unit
shall be quartered and sealed on the day on which the last portion of cocoa
which is part of the Bulk Delivery Unit is stored.
(b) the sample bag shall be sealed with the Warehousekeeper’s seal and
also if supervised the Supervision Company’s seal and the sample bag
shall be marked with the following as a minimum:
(c) the grading sample material shall be placed in a cotton or linen sample
bag with a tare not exceeding 150g. The grading sample bag shall be
51
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(d) the sampling, quartering and sealing of each sample from a Large
Delivery Unit shall be completed on the same day that sampling
started: and
(e) the Warrant and Lotting Account details shall record that the 3 kg
sample has been drawn.
(d) the grading sample shall be placed in a clean, dry, empty and odourless
cotton or linen sample bag with a tare not exceeding 250 g. The
sample bag shall be sealed with the Warehousekeeper’s seal, and also
if supervised the Supervision Company’s seal and the sample bag shall
be marked with the details specified in Procedures D 2.5.1 (b);
(e) the Warrant and Lotting Account details shall record that the 5 kg
sample and the net weight that has been drawn; and
52
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(f) the Warehousekeeper shall maintain a record of the equipment used for
the repiling and sampling, the speed of the Cocoa flow and the
intervals during which the incremental samples were drawn, and the
individual dates on which each incremental sample, or consecutive
incremental samples, were drawn.
2.7.2 Samples for grading, and the related application for grading, must be
submitted directly to the Grading Room:
(c) in respect of a Bulk Delivery Unit, within 60 calendar days of the date
on which the first incremental sample forming part of the preliminary
sample was drawn.
2.7.3 The Exchange may at its sole discretion, designate the time or day at which
samples may be delivered to the Grading Room.
2.7.4 A member may request the Exchange to withdraw a sample submitted to the
Grading Room for grading in accordance with the Procedures detailed in
Section E of the G&WPs. Any such request must be made to the Grading
Room, and may be made orally, provided written confirmation is received by
the Exchange by no later than the close of business on the day on which the
request was made. Requests to withdraw samples submitted to the Grading
Room for grading may be made at any time prior to the day on which the
Grading Panel, convened for the purpose of grading the sample in question, is
scheduled to grade the sample.
2.7.5 Where a valid request to withdraw a sample submitted to the Grading Room
for grading has been received, the Exchange may charge the member
requesting the withdrawal a fee as prescribed from time to time by the
Exchange.
53
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
2.8.1 In respect of Standard Delivery Units and Large Delivery Units, Lotting
Account details shall include the following:
(a) Origin;
(b) Name of vessel, flight number, or identity of land carriage, as the case
may be;
(h) Gross weight, tare, total weight of sample, or samples, drawn, net,
weight and date on which last weighed;
(k) Date of issue of the Bill(s) of Lading for the shipment of the Cocoa
from Origin, subject to Procedure D 2.8.3;
(n) Where the Delivery Unit is subject to preferential duty, that the
documents referred to in the relevant contract terms are available in
accordance with those terms.
2.8.2 In respect of Bulk Delivery Units, Lotting Account details shall include the
following:
(a) Origin;
54
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(g) Gross weight, tare, total weight of sample, or samples, drawn, net
weight and date on which last weighed;
(i) Date of issue of the Bill(s) of Lading for the shipment of the Cocoa
from Origin, subject to Procedure D 2.8.3;
(m) Where the Delivery Unit is subject to preferential duty, that the
documents referred to in the relevant contract terms are available in
accordance with those terms.
2.8.3 In respect of Procedures D 2.8.1. (k) and D 2.8.2. (i), where Cocoa has a final
day of landing on or prior to 31 March 2000, and where the date of issue of the
Bill(s) of Lading is unknown, such date shall be determined as being 30 days
prior to the final day of landing shown in the Lotting Account details. For the
avoidance of doubt, in respect of Cocoa having a final day of landing on or
after 1 April 2000, the actual date of issue of the Bill(s) of Lading must be
included in the Lotting Account details.
2.8.4 All Lotting Account details shall be input by the Warehousekeeper issuing the
Warrant in respect of that Parcel, Lot or Delivery Unit.
2.9.1 Pursuant to Procedure D 1.15.2 (e), the cost of fumigating and fogging Cocoa
stored in accordance with the Cocoa contract terms shall be for the account of
the Warehousekeeper. It is understood that the Warehousekeeper shall charge
a periodic fee, to cover the cost of fumigation and/or fogging, in addition to
the Rent that is charged.
55
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
2.9.2 In the event of LIFFE Registered Cocoa Graders finding live infestation in a
sample, the applicant member may submit a new sample together with
documentary evidence from the Warehousekeeper that the relevant Parcel, Lot
or Delivery Unit has been fumigated.
2.9.3 All Warrants tendered shall be endorsed by the Warehousekeeper to the effect
that fumigation and/or fogging fees have been paid in respect of the period up
to and including the Settlement Day and in the case of a Nominated Bulk
Delivery Unit up to the Conversion Settlement Day or the Extended
Conversion Settlement Day as the case may be.
2.9.4 Once the Warehousekeeper has charged a fumigation and/or fogging fee on
Cocoa, a fee may continue to be charged regardless of whether or not a current
Grading Result is in effect. Movement of the Cocoa for fumigation purposes,
shall be subject to Procedure D 1.22.
2.9.5 An Owner of Cocoa may only cease to pay the fumigation and/or fogging fee
if the Cocoa:
2.9.6 If, within 28 days of being de-listed under the circumstances outlined in
Procedure D 2.9.5, the Cocoa is found to be infested, the cost of fumigation
shall be borne by the Warehousekeeper.
2.9.7 The cost of such fumigation and/or fogging shall be for the Owners account
where:
(a) the Cocoa stored in a Warehouse is sold other than under a Contract;
2.9.8 If, under these Procedures, the Owner of the Cocoa is of the opinion that
fumigation is necessary to eradicate current infestation but the
Warehousekeeper disagrees, then, in order to establish the need for
fumigation, the Owner must provide either:
(a) an order from a local official body (e.g. Port Health Authority) that
fumigation must be carried out; or
56
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
If the local official body or the competent independent authority should deem
it unnecessary for the Cocoa to be fumigated all charges and fees in respect of
such inspections/reports will be for the account of the Owner of the Cocoa,
otherwise such costs, if any, shall be borne by the Warehousekeeper.
2.10.2 The Owner of the Cocoa comprising a Delivery Unit listed on GATS may
instruct a Warehousekeeper to convert such a Delivery Unit provided that:
(a) the prior written consent of the Exchange is obtained and, subject to
Cocoa Contract Term 12.04(a), such Delivery Unit is not the subject of
a Tender; and
(b) such conversion is made in accordance with these Procedures and the
status of the Warehousekeeper.
(a) convert a Bulk Delivery Unit to Large and/or Standard Delivery Units,
or a Large Delivery Unit to Standard Delivery Units either:
57
Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(b) the formation of a Bulk Delivery Unit from any other Cocoa (subject to
Procedures D 2.10.11 and D 2.10.12), for delivery under a Contract,
shall only be undertaken by a Dual Capacity Warehousekeeper.
(b) the formation of a Standard or Large Delivery Unit from any other
Cocoa (subject to Procedures D 2.10.11 and D 2.10.12),
2.10.6 A Warehousekeeper storing a Bulk Delivery Unit shall ensure the availability
of bags meeting the criteria prescribed by the Exchange, in order to meet the
requirements to convert a Bulk Delivery Unit if so required by the Clearing
House in accordance with Cocoa Contract Term 12.03.
(a) the Valid Grading Result for the Original Delivery Unit shall
immediately lapse, unless the Original Delivery Unit is a Nominated
Delivery Unit, in which case the Valid Grading Result for the
Nominated Delivery Unit shall, subject to Cocoa Contract Term 16.11,
apply to each Converted Delivery Unit;
(c) a new Warrant number for each Converted Original Delivery Unit shall
be issued by the Warehousekeeper in accordance with these
Procedures; and
(d) new Lotting Account details shall be input into GATS for each
Converted Original Delivery Unit in accordance with Procedure D 2.8.
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
2.10.8 A Converted Original Delivery Unit, which is not a Converted Delivery Unit,
may only be delivered under a Contract if it has been regraded in accordance
with these Procedures and a Valid Grading Result has been issued upon such
regrading.
(a) if it is reweighed and revised Lotting Account details are input into
GATS prior to the day specified in the Administrative Procedures in
the Cocoa contract terms for the relevant Delivery Month; or
2.10.10 If, as a result of conversion, a Delivery Unit is moved out of the control of a
Warehousekeeper, such Delivery Unit may only be delivered against a
Contract if it is reweighed at the Warehouse of the new Nominated
Warehousekeeper or otherwise in accordance with these Procedures, revised
Lotting Account details are input into GATS, and it is regraded as tenderable.
2.10.11 The costs of converting a Delivery Unit shall be borne by the Owner of the
Cocoa comprising such Delivery Unit.
2.10.12 The Exchange may, at its absolute discretion, supervise the conversion of a
Delivery Unit.
2.11.1 Where the Owner of Cocoa comprising a Bulk Delivery Unit instructs a
Warehousekeeper to convert such Delivery Unit to Large and/or Standard
Delivery Units, the following Procedures shall apply:
(a) the Owner of the Cocoa shall advise the Warehousekeeper of the
identity of the Bulk Delivery Unit to be converted, and the type of
Delivery Units to which it is to be converted;
(b) the Warehousekeeper shall give the Exchange a minimum of one clear
business day notice of the commencement of the conversion process;
(c) during conversion, Cocoa comprising the Bulk Delivery Unit shall be
packed into bags meeting the criteria prescribed by the Exchange from
time to time. The bags shall be marked with the following
information:
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
2.11.2 Where the Owner of the Cocoa comprising a Large Delivery Unit instructs a
Warehousekeeper to convert such Delivery Unit to Standard Delivery Units,
the following Procedures shall apply:
(a) the Owner of the Cocoa shall advise the Warehousekeeper of the
identity of the Large Delivery Unit to be converted;
(b) the Warehousekeeper shall give the Exchange a minimum of one clear
business day notice of the commencement of the conversion process;
(c) the Cocoa shall be weighed and piled into the appropriate Delivery
Units in accordance with the requirements prescribed by the Exchange
from time to time and otherwise conforming with the requirements of
the Cocoa contract terms and these Procedures; and
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Grading and Warehousekeeping Procedures in respect of
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2.12.1 Where the Owner of Cocoa comprising a Bulk Delivery Unit instructs a
Warehousekeeper to convert such Delivery Units to Large and/or Standard
Delivery Units, the following Procedures shall apply:
(a) the Warehousekeeper shall inform the Exchange of the details of the
instructions and request approval to convert the Delivery Unit;
(b) the Exchange shall not approve such conversion if the Delivery Unit
has been previously graded as not tenderable, or for any other reason at
the absolute discretion of the Exchange;
(c) the Warehousekeeper shall give the Exchange a minimum of one clear
business day notice of the commencement of the conversion process;
(d) during conversion, Cocoa comprising the Bulk Delivery Unit shall be
packed into bags meeting the criteria prescribed by the Exchange from
time to time. The bags shall be marked with the following
information:
(i) Origin;
The Cocoa shall be weighed and piled into the appropriate Delivery
Units conforming with the requirements of the Cocoa contract terms
and these Procedures; and
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
2.12.2 Where the Owner of Cocoa comprising a Large Delivery Unit instructs a
Warehousekeeper to convert such Delivery Unit to Standard Delivery Units,
the following Procedures shall apply:
(a) the Warehousekeeper shall inform the Exchange of the details of the
instructions and request approval to convert the Delivery Unit;
(b) the Exchange shall not approve such conversion if the Delivery Unit
has previously been graded not tenderable, or for any other reason at
the absolute discretion of the Exchange;
(c) the Warehousekeeper shall give the Exchange a minimum of one clear
business day notice of the commencement of the conversion process;
and
2.12.3 Where the Owner of Cocoa comprising a Standard or Large Delivery Unit
instructs a Warehousekeeper to convert such Delivery Units to Large or Bulk
Delivery Units, the following Procedures shall apply:
(b) the Exchange shall not approve such conversion if any of the relevant
Delivery Units has previously been graded not tenderable, or for any
other reason at the absolute discretion of the Exchange; and
(c) upon receipt of the Exchange’s approval to convert the Delivery Unit,
the Warehousekeeper shall:
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Grading and Warehousekeeping Procedures in respect of
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2.13.1 In respect of a Standard Delivery Unit or Large Delivery Unit which is listed
on GATS and which is, or has been, the subject of a Valid Grading Result, the
Cocoa may be rebagged at the discretion of the Exchange where the fabric of
the bags comprising all or part of the Delivery Unit has become unsound or
damaged, providing the Cocoa contained in such bags remains sound.
2.13.2 In the event that such rebagging is required, the Warehousekeeper storing the
Cocoa shall inform the Exchange of the details, including the following
information:
(a) proof of the instructions from the Owner of the Cocoa to rebag such
Cocoa;
2.13.3 In considering such a request, the Exchange may require further information to
be provided by the Warehousekeeper. In the event that such rebagging is
authorised by the Exchange, it may, at its absolute discretion, supervise such
rebagging.
2.13.4 Where such rebagging occurs, the Warehousekeeper shall rebag the Cocoa into
bag(s) meeting the criteria prescribed by the Exchange from time to time.
Where the Exchange has appointed a supervisor, the rebagging shall only take
place in the presence of such supervisor.
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
2.13.5 The bag(s) into which the Cocoa is rebagged shall be marked with the mark or
marks of the original bag(s).
2.13.6 The Warehousekeeper shall amend the details on the Warrant for the Delivery
Unit to show the number of original bags which have been rebagged.
2.13.7 Upon the rebagging of any such Cocoa comprised in a Delivery Unit, any
Valid Grading Result for such Delivery Unit shall, subject to Cocoa contract
term 3.05(d), immediately lapse, unless the Exchange determines, in its
absolute discretion, that the Valid Grading Result shall continue to apply to
Cocoa contained in a Delivery Unit which has been rebagged in whole or in
part:
2.13.8 The costs of rebagging Cocoa comprised in a Delivery Unit shall be borne by
the Owner of the Cocoa.
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
3. ROBUSTA COFFEE
(a) Each Parcel or Lot shall be stored on pallets at ground level, with the
exception of multi-storey Warehouses with wooden floors where the
bags of Robusta Coffee may be stored directly on the floor;
(b) The Robusta Coffee comprising a Parcel or Lot shall be stored, subject
to Procedure D 3.1.1(c) together in a single row or pile;
(e) at least 50% of the bags in a Parcel or Lot must be accessible for
sampling. Where the Parcel or Lot is composed of palletised bags
stored in columns or rows, at least one side of each pallet shall be
readily accessible for sampling.
3.1.2 A Lot may not, in whole or in part, be comprised of Robusta Coffee which
previously comprised a Lot graded as not tenderable.
3.2.1 Subject to Schedule 1 of these Procedures each Parcel or Lot shall be readily
identifiable by the Warehousekeeper and the Exchange officials. The
following minimum requirement for the identification of a Parcel or Lot shall
apply:
(a) A label, visible from the aisle side of the column and/or row shall be
securely fastened to either a bag lying on the first pallet of the storage
sequence or the pallet itself and shall show, as a minimum, the warrant
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(b) A bag on the bottom layer of bags of each pallet and visible from the
aisle side of the column and/or row shall be marked clearly, legibly and
indelibly on the fabric of the bag with the warrant number of the Parcel
or Lot.
(b) each time the Robusta Coffee contained in the Parcel or Lot is
rebagged in accordance with Procedure D 3.8; and
(c) each time the Parcel or Lot is moved or is the subject of a change in
control, in accordance with Procedures D 1.19 to D 1.24, as the case
may be.
3.3.3 The tare weight of the bags shall be that ascertained when the goods were
originally entered into GATS.
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(b) upon completion of drawing the sample, send the sample direct to the
Grading Room, for assessment by a Grading Panel appointed by the
Exchange;
(c) input the Lotting Account details onto GATS dated no later than two
business days after the date of the drawing of the sample; and.
(d) if the Parcel or Lot has been formed from Robusta Coffee newly
arrived at the Warehouse and has been sampled under the provisions of
Procedure D 1.5, inform the Exchange no later than two business days
after the date of the drawing of the sample of the number of the
warrant which represents that Parcel or Lot.
.
3.4.3 Subject to Procedure D 1.5.7 and D 1.5.8, if sampling is to occur outside of
normal Port working hours and that the sampling is deemed to require
supervision, then this is to occur at times mutually agreed between the
Warehousekeeper and the Exchange.
3.4.4 Before sampling, the Parcel or Lot identified correctly in accordance with
Procedure D 3.2 shall be inspected by the Warehousekeeper and, if supervised,
the Supervision Company shall confirm:
(b) all sampling apparatus is clean, dry and free from foreign odours.
3.4.5 Where the conditions of Procedure D 3.4.4 are not met the Warehousekeeper
or, if supervised, the Supervision Company shall immediately contact the
Exchange which shall determine what action shall be taken before sampling
can commence.
3.4.6 Any sample to be presented to the Grading Room shall be drawn and sealed,
all of which is to occur on the same day.
3.4.7 Each Lot shall comprise of not more than two Parcels of Robusta Coffee.
Where a Lot is to be formed of two Parcels, a sample from each Parcel must be
submitted for grading and both samples must be covered by a Valid Grading
Result for the Lot to be tenderable. Where a sample relating to a Parcel is
graded not tenderable then the whole Lot comprising of both Parcels shall be
not tenderable. The Parcel comprising such Lot which was graded as
tenderable may not be combined with another tenderable Parcel to form a
tenderable Lot.
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Grading and Warehousekeeping Procedures in respect of
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(b) The sample bag shall be sealed with the Warehousekeeper’s seal and
also if supervised the Supervision Company’s seal. The following
minimum details shall be marked on the bag:
(iii) Port;
3.5.2 Samples for grading, and the related application for grading, must be
submitted directly to the Grading Room within 28 calendar days of the date on
which they were drawn.
3.5.3 The Exchange may at its sole discretion, designate the time or day at which
samples may be delivered to the Grading Room.
(a) Origin;
(b) Name of vessel, flight number, or identity of land carriage, as the case
may be;
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(h) Gross weight, tare, total weight of sample, or samples, drawn, net
weight and date on which last weighed;
(m) Where the Parcel or Lot is subject to preferential duty, that the
documents referred to in the contract terms are available in accordance
with those terms.
3.6.2 All Lotting Account details shall be input by the Warehousekeeper issuing the
Warrant in respect of that Parcel or Lot.
3.7.1 Pursuant to this Procedure D 1.15.2 (e), the cost of fumigating and fogging of
Robusta Coffee stored in accordance with the Robusta Coffee contract terms
shall be for the account of the Warehousekeeper.
3.7.2 In the event of LIFFE Registered Robusta Coffee Graders finding live
infestation in a sample, the Owner of the Robusta Coffee may submit a new
sample together with documentary evidence from the Warehousekeeper that
the relevant Parcel or Lot has been fumigated.
3.7.3 The cost of such fumigation and/or fogging shall be for the Owners account
Where:
(a) the Robusta Coffee stored in a Warehouse is sold other than under a
Contract; or
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
3.7.4 If, under these Procedures, the Owner of the Robusta Coffee is of the opinion
that fumigation and/or fogging is necessary to eradicate current infestation but
the Warehousekeeper disagrees, then, in order to establish the need for
fumigation and/or fogging, the Owner must provide either:
(a) an order from a local official body (e.g. Port Health Authority) that
fumigation must be carried out; or
If the local official body or the competent independent authority should deem
it unnecessary for the Robusta Coffee to be fumigated and/or fogged all
charges and fees in respect of such inspections/reports will be for the account
of the Owner of the Robusta Coffee, otherwise such costs, if any, shall be
borne by the Warehousekeeper.
3.8.1 Robusta Coffee stored in a Parcel or Lot which is listed on GATS and which
is, or has been, the subject of a Valid Grading Result may be rebagged at the
discretion of the Exchange where the fabric of the bags comprising all or part
of the parcel has become unsound or damaged, providing the Robusta Coffee
contained in such bags remains sound. Rebagging shall only be permitted in
circumstances where the Robusta Coffee has been shipped in bags from origin.
3.8.2 In the event that such rebagging is required, the Warehousekeeper storing the
Robusta Coffee shall inform the Exchange of the details, including the
following information:
(a) proof of the instructions from the Owner of the Robusta Coffee to
rebag such Robusta Coffee;
3.8.3 In considering such a request, the Exchange may require further information to
be provided by the Warehousekeeper. In the event that such rebagging is
authorised by the Exchange, it may, at its absolute discretion, supervise such
rebagging.
3.8.4 Where such rebagging occurs, the Warehousekeeper shall rebag the Robusta
Coffee into bag(s) meeting the criteria prescribed by the Exchange from time
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
to time. Where the Exchange has appointed a supervisor, the rebagging shall
only take place in the presence of such supervisor.
3.8.5 The bag(s) into which the Robusta Coffee is rebagged shall be marked with the
mark or marks of the original bag(s).
3.8.6 The Warehousekeeper shall amend the details on the Warrant for the Parcel or
Lot to show the number of original bags which have been rebagged.
3.8.7 Upon the rebagging of any such Robusta Coffee comprised in a Parcel or Lot,
any Valid Grading Result for such Parcel or Lot shall immediately lapse,
unless the Exchange determines, in its absolute discretion, that the Valid
Grading Result shall continue to apply to Robusta Coffee comprised in a
Parcel or Lot which has been rebagged in whole or in part:
3.8.8 The costs of rebagging Robusta Coffee comprised in a parcel shall be borne by
the Owner of the Robusta Coffee.
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Grading and Warehousekeeping Procedures in respect of
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Section E
1. GENERAL
1.1.1 The grading operations necessary to support the LIFFE Cocoa Futures and
Robusta Coffee Futures Contracts are managed by the Exchange’s Market
Operations Department.
1.2.3 Registered Cocoa or Robusta Coffee graders, who may be employees of the
Exchange, must on completion of the grading course, undertake the written
and practical examinations prescribed by the Exchange.
1.2.4 All applicants who successfully complete the examination process must sign a
Grader’s Letter of Undertaking before undergoing a series of “grading
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
1.3.1 A Grader must act in accordance with the standards required by these
Procedures and the Grader’s Letter of Undertaking.
1.3.2 During the course of grading, whilst conducting other duties pertaining to their
office or while on the Exchange’s premises, a Grader shall maintain the
highest standards of professional conduct and orderly behaviour.
1.3.3 Where a Grader is called to join a Grading Panel or Appeal Panel, as the case
may be, and the Grader is, or becomes, aware that the company of which he is
an employee, or any Related Company, has an interest in Cocoa or Robusta
Coffee that is the subject of the relevant application for grading, he shall
inform the Exchange of such interest immediately. The Exchange shall either:
(a) arrange for the Grading Panel or Appeal Panel, as the case may be, of
which such Grader is a member, to grade samples in which there is no
such interest; or
(b) defer grading until such time as another Grading Panel or Appeal
Panel, as the case may be, can be constituted, or where circumstances
are such that grading cannot be deferred, call another Grader to replace
the Grader on the relevant Grading Panel or Appeal Panel.
1.3.5 While in the Grading Room, a Grader must refrain from behaviour which
might distract any member of another Grading Panel or Appeal Panel.
1.3.6 A Grader should not observe the grading taking place at other Grading
Stations or confer with other Graders not forming part of his Grading Panel or
Appeal Panel, in respect of samples that such Grading Panel or Appeal Panel
are grading. A Senior Grader may upon request, however, give his advice or
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
opinion to another Grading Panel if it has been sought. If the Senior Grader
whose opinion is sought knows he has an interest in the relevant sample he
must decline to give such advice or opinion.
1.3.7 A member of the Market Operations Department may stop or suspend grading
at any time, if he considers that the Rules or these Procedures are being
breached, or that the fairness of the grading of any sample has been
compromised.
1.3.8 If a member of the Market Operations Department has reason to believe that a
Grader has acted or is acting in breach of the Rules or these Procedures, then
the Exchange will inform the Senior Grader of the relevant Grading Panel or
Appeal Panel and consult with him as to the course of action that should be
taken.
1.3.9 If a member of the Market Operations Department has reason to believe that a
Senior Grader has acted or is acting in breach of the Rules or these Procedures
then the Head of Market Operations, as the case may be, must be informed as
soon as possible of the suspected breach, and of the resulting action taken by
the Exchange.
1.3.10 A Grader must not remove samples of Cocoa or Robusta Coffee from the
Grading Room.
1.3.11 Graders must leave the Grading Room promptly once they have completed
grading the samples allocated to their Grading Panel or Appeal Panel, as the
case may be.
1.3.13 A Grader who fails to follow these Procedures, may be liable to further
investigation. Should such an investigation provide evidence that the Grader
has breached the Rules or these Procedures then the Exchange shall take such
disciplinary action it deems appropriate, which may include de-registration.
Any such disciplinary action will only be imposed after the Grader concerned
has been given a fair and appropriate opportunity to present his case to the
Exchange.
1.4.1 A Grader who is employed by, or otherwise associated with, a company which
is an interested party with regard to any Parcel, Lot or Delivery Unit, shall not
be appointed to, and must not knowingly participate in, a Grading Panel or an
Appeal Panel in respect of such Parcel, Lot or Delivery Unit. Whether such
association exists shall be at the sole determination of the Exchange.
1.4.2 The following are interested parties for the purpose of Procedure E 1.4.1:
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
1.4.3 Notwithstanding Procedures E 1.4.1 and E 1.4.2, a Grading Result shall not be
invalidated in the event that the Parcel, Lot or Delivery Unit to which it
applies is subsequently received, by way of tender against an Exchange
contract, by a company which employs, or is otherwise associated with a
Grader who participated in the grading of such Parcel, Lot or Delivery Unit.
(a) upon such notice as the Exchange may deem expedient, if the Grader
does not continue to meet the criteria for registration as determined by
the Exchange in its absolute discretion; or
(b) either summarily or upon such notice as the Exchange may in its
absolute discretion deem expedient, if the Grader’s acts, or the
Grader’s failure to act, is in breach of the requirements of the Rules,
the Graders’ Letter of Undertaking or these Procedures and, as a
consequence of disciplinary action by the Exchange, the Exchange
determines such termination is appropriate.
1.5.2 If a Grader wishes to resign from being a LIFFE Registered Cocoa or Robusta
Coffee Grader, the Grader must give four weeks notice to the Exchange. A
Grader must comply with any conditions the Exchange may impose on his
resignation.
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
1.6.2 The Exchange will as far as practicable select a LIFFE Registered Cocoa or
Robusta Coffee Grader, as the case may be, to form part of a Grading Panel or
Appeal Panel in rotation provided that:
(a) not more than one Grader from the same company, or a Related
Company, will be selected to form the same Grading Panel or Appeal
Panel;
(c) a Grader will not form part of an Appeal Panel if such Grader formed
part of the Grading Panel that originally graded such sample.
(a) Cocoa, the applicant member may appeal the Grading Result issued by
the Exchange provided such appeal is made in accordance with these
Procedures and within twenty business days after the date of the
Grading Result; and
1.7.2. An appeal may only be lodged by the applicant member. A written notice of
appeal shall be sent to the Exchange and shall include a clear statement of the
grounds on which the appeal is made and shall be accompanied by:
(a) the appeal fee prescribed by the Exchange from time to time; and
(a) Cocoa, the original sample shall be submitted within twenty business
days after the date of the Grading Result; and
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
(b) Robusta Coffee, the original sample shall be submitted within ten
business days after the date of the Grading Result.
In all cases the original sample must be submitted with the Exchange’s seal
intact. Where such a seal is broken, an appeal will not be undertaken.
1.7.4 Grading appeals shall be conducted on the sample originally submitted for
grading.
1.7.5 If the Appeal Panel decide that the original decision of the Grading Panel
should be changed, the previous Grading Result will cease to be valid. The
Exchange shall notify the applicant member of the appeal Grading Result by
such means and in a form prescribed by the Exchange from time to time.
1.8.1 The fee payable in respect of an application for grading a Delivery Unit of
Cocoa or a Parcel or Lot of Robusta Coffee or in respect of a notice of appeal,
as the case may be, shall be prescribed from time to time by the Exchange. It
shall be payable on demand, or at such other time and in such manner as may
be prescribed by the Exchange from time to time.
1.8.2 Appeal fees in respect of grading appeals conducted in accordance with the:
Cocoa and Robusta Coffee Contract Terms shall not be reimbursed to the
applicant in any circumstances.
1.8.3 The Exchange shall pay to the members of a Grading Panel or Appeal Panel
such fee as it shall from time to time determine.
1.9.1 Without prejudice to any exclusion of liability provision in the Rules, neither
the Exchange nor the Board shall be liable for any loss or damage whatsoever,
whether for negligence, breach of contract, misrepresentation or otherwise, in
respect of the failure to grade a sample of Cocoa or Robusta Coffee or to issue
a Grading Result by a particular date.
1.9.2 Nothing in this Procedure shall operate to exclude or restrict the liability of the
Exchange or the Board for fraud or wilful default.
1.9.3 No person serving on any Grading Panel or Appeal Panel shall, in the absence
of bad faith or wilful default, be under any liability whatsoever whether in
contract, in tort or otherwise to any member or other person for any decision
taken or other act or omission in respect of an application for grading.
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Grading and Warehousekeeping Procedures in respect of
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1.10.1 An application for grading or regrading, as the case may be, shall be made by
a member, via GATS.
1.10.2 A member may apply to the Exchange for grading or regrading, as the case
may be, of a Parcel, Lot or Delivery Unit:
(i) the Delivery Unit does not have a Valid Grading Result; or
(ii) the Delivery Unit does have a Valid Grading Result and the
application for grading is made no earlier than the beginning of
the calendar month immediately prior to the calendar month in
which the Valid Grading Result expires;
(c) irrespective of the usual validity period of a Grading Result, the current
Grading Result in respect of Robusta Coffee which is the subject of an
application for regrading in accordance with Procedure E 1.10.2(b) or
Cocoa which is the subject of an application for regrading in
accordance with Procedure E.1.10.2 (a) shall immediately lapse upon
commencement of such regrading.
1.11.1 Upon receipt of one or more applications for the grading of Goods pursuant to
the relevant contract terms and these Procedures, or if otherwise required to do
so under Procedure E 1.7, the Exchange shall, at its absolute discretion,
convene a Grading Panel or Appeal Panel, as the case may be. Such Grading
Panel or Appeal Panel shall consist (subject to Procedure E 1.6.2) of a
minimum of:
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
1.11.2 In respect of each Lot, Parcel or Delivery Unit for which an application for
grading is made, the Grading Panel shall examine the sample submitted and
shall determine the Grading Result.
1.11.3 Grading will only commence once all the Graders selected to form a Grading
Panel or Appeal Panel are present at the relevant Grading Station, and ready to
commence.
1.11.4 Prior to grading commencing, the Grading Panel will check that:
(a) the details on the sample bag correspond to the details on the grading
application sheet;
(b) the seal(s) on the sample is/are in place and intact; and
(c) the sample does not weigh less than the weight prescribed in these
Procedures for a sample from the relevant Parcel, Lot or Delivery Unit.
In addition, the Grading Panel may check that the tare weight of the sample
bag does not exceed the weight prescribed in these Procedures for a sample
from the relevant Parcel, Lot or Delivery Unit.
1.11.5 If the details on a sample bag do not correspond to those on the relevant
application for grading, a member of the Market Operations Department will
advise the applicant member. The applicant member, or, if he is not the
Owner of the Goods, the Owner on whose behalf the member is making the
application for grading, may arrange for either the Warehousekeeper, or his
appointed agent, to alter the details on the sample bag and initial and stamp the
alteration. Where alterations are required to be made to Lotting Account
details, the Warehousekeeper shall provide details of such alterations to a
member of the Market Operations Department, who shall advise on action to
be taken in respect of GATS.
1.11.7 The original sample shall be held by the Exchange until either a fresh sample
is received, or until sixty calendar days has elapsed, whichever is the sooner.
At such time, the applicant member may, subject to the agreement of the
Exchange, arrange for the sample to be collected from the Grading Room. If,
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
however, it is suspected that a sample has been tampered with then it will be
held for further investigation by the Market Operations Department.
1.11.8 If the Grading Panel determine, in their absolute discretion, that the sample
contents do not correspond with the details on the sample bag and the relevant
application for grading, the Grading Panel shall immediately advise a member
of the Market Operations Department. The member of the Market Operations
Department shall consult with the Senior Grader of the relevant Grading Panel
and determine the course of action that should be taken. If the Senior Grader
and the a member of the Market Operations Department are unable, for
whatever reason, to agree a course of action the matter shall be immediately
referred to the Head of the Exchange’s Market Operations Department who
will determine what action shall be taken by the Exchange. The applicant
member will be informed of the course of action determined by the Exchange.
1.11.9 Should at any time a Grading Panel discover live infestation in a sample, the
grading of that sample will be discontinued and the sample contents will be
returned to the sample bag which shall be sealed and marked as having live
infestation. The grading sheet will be marked accordingly and a member of
the Market Operations Department will instruct the applicant member to make
arrangements for the sample to be removed within 24 hours. If the member
fails to remove the sample within 24 hours of notification, the Exchange may,
at its absolute discretion, arrange for its disposal. Subject to Procedure D
2.9.2 or 3.7.2, as the case may be, a member may submit a new sample of the
relevant Parcel, Lot or Delivery Unit for grading in accordance with Procedure
E 1.10.
1.11.10 Where a Lot comprises of two Parcels and live infestation is discovered in the
sample relating to one Parcel only, then the Grading Panel shall continue to
grade the sample in respect of the other Parcel comprising such Lot. The
Exchange shall notify the applicant member of the Grading Result in respect
of the uninfested Parcel by such means and in a form prescribed by the
Exchange from time to time.
1.11.11 Subject to Procedures D 2.9.2 or D 3.7.2, as the case may be, a member may
submit a new sample in accordance with Procedure E 1.10, in respect of the
Parcel which is infested.
1.11.12 Prior to leaving the Grading Room, the Senior Grader will ensure that each
member of the Grading Panel or Appeal Panel on which he has served has
signed the grading sheet. The grading sheet must only be signed once grading
has been completed and all results recorded.
1.11.13 Once grading of each sample is completed, the Exchange will re-seal such
sample with the Exchange’s seal. The applicant member, or his appointed
agent, will be contacted to arrange collection of the sample. Should the
sample not be collected promptly, it shall become the property of the
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
Exchange who may, at its absolute discretion, arrange for its storage or
disposal.
of the Grading Result in respect of the Parcel, Lot or Delivery Unit which is
the subject of the application, by such means and in a form prescribed by the
Exchange from time to time. If the Exchange notifies the member of the
Grading Result via GATS and the member is unable to access such facility, or
is prevented from accessing such facility due to its malfunction or failure, the
Exchange may prescribe an alternative means and, if required, form in which
the Grading Result will be provided to the member.
1.11.15 In respect of Robusta Coffee, where a Lot comprises of two Parcels, the Valid
Grading Result of such Lot shall state the discounts applicable, if any, in
respect of the inferior Parcel. Where such Parcel is graded as not tenderable
then the whole Lot comprising of both Parcels shall not be tenderable.
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2. COCOA
2.1 General
A member may, on one occasion only, apply to the Exchange for regrading of
a Delivery Unit where a previous application resulted in the sample being
graded as not tenderable. This Procedure will only apply where both of the
following conditions are satisfied:
(a) where the original sample was graded as not tenderable under the
terms of the revised Cocoa contract terms in the period from 1
November 1999 to and including 31 May 2001; and
(b) where the reason, marked on the Grading Result, for the sample being
graded as not tenderable was indicated to be “Residue”.
2.2.1.1 A member of the Grading Panel shall, having satisfied himself that all seals
are intact, break the sample-seal(s) and shall sieve the entire sample, using a
sieve with a square mesh of 6mm. The Residue and Foreign Matter falling
through the sieve, as well as any Residue and Foreign Matter remaining in the
sieve but identified by the Graders as being Residue or Foreign Matter, shall
be weighed and such weight shall be marked on the grading sheet.
A sample drawn from a Bulk Delivery Unit or Large Delivery Unit (i.e. 5 kg
or 3 kg respectively), shall be sieved in two halves and the resulting weight of
Residue (but excluding bean clusters) and Foreign Matter added together.
An allowance will be awarded against the weight of the Residue and Foreign
Matter marked on the grading sheet by reference to the relevant scale of
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Grading and Warehousekeeping Procedures in respect of
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Allowances for Residue and Foreign Matter where the quantity of Residue and
Foreign Matter does not exceed:
(ii) 113 grams for a sample drawn from a Large Delivery Unit; or
(iii) 188 grams for a sample drawn from a Bulk Delivery Unit.
and
(i) 100 grams for a sample drawn from a Standard Delivery Unit;
(ii) 150 grams for a sample drawn from a Large Delivery Unit; or
(iii) 250 grams for a sample drawn from a Bulk Delivery Unit.
If the quantity of Residue and Foreign Matter marked on the grading sheet
exceeds the applicable weight for the relevant Origin set out in (a) or (b)
above, the sample shall be graded as not tenderable and the affected Delivery
Unit cannot be delivered.
2.2.1.2 If, by looking at the contents of the sieve, the Graders are of the opinion that
there are excessive bean clusters in the sample, the bean clusters identified in
the sieve shall be weighed and an Allowance will be made if, in respect of a
sample drawn from a:
(b) Large Delivery Unit, 78 grams or more in weight of bean clusters are
identified; or
(c) Bulk Delivery Unit, 130 grams or more in weight of bean clusters are
identified.
In each case, the resulting gross weight of bean clusters shall be marked on the
grading sheet.
For the purpose of calculating any Allowance for bean clusters, the gross
weight stated on the grading sheet (if equal to or in excess of the applicable
amount in (a), (b) or (c)) shall be reduced by 50% (and rounded down, if
applicable, to the nearest whole gram). An Allowance in respect of the net
weight shall be determined by reference to the relevant scale of Allowances
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Grading and Warehousekeeping Procedures in respect of
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for Residue and Foreign Matter entitled “Residue and Foreign Matter
Allowances (all origins except Papua New Guinea)”, irrespective of the Origin
of the Cocoa in the sample.
In the event that the gross weight of bean clusters stated on the grading sheet
is greater than:
(d) 150 grams for a sample drawn from a Standard Delivery Unit;
(e) 225 grams for a sample drawn from a Large Delivery Unit; or
(f) 375 grams for a sample drawn from a Bulk Delivery Unit;
the sample shall be graded as not tenderable and the affected Delivery Unit
cannot be delivered.
2.2.2 Standard Deviation of the Bean Count Test and Bean Count
2.2.2.1 This test is to be conducted on all Delivery Units in accordance with the
provisions of the Cocoa contract terms and these Procedures:
(b) three sieves, with a round mesh of 13mm, 11.5mm and 10.5mm
respectively, shall be assembled in descending mesh size order onto a
base and placed on the sieving machine. The 300 g Sub-Sample shall
be poured onto the upper sieve, and the sieves sealed;
(c) the sieving machine shall be set to 180rpm, and operated for three
minutes. After such time, the Cocoa beans retained on each sieve and
in the base shall be counted and weighed separately. Any Cocoa beans
remaining in the apertures of a sieve shall be deemed to be retained on
such sieve. Any Cocoa beans which subsequently fall through the
mesh when dismantling the sieve, shall be added to the numbers of
Cocoa beans from the sieve onto which they fall. The total weight of
the Cocoa beans retained in each sieve and in the base shall be rounded
down to the nearest 0.1 g.
In the event that any bean clusters are found on any of the sieves
following the sieving process, they shall be removed, weighed down
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Grading and Warehousekeeping Procedures in respect of
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and replaced with whole beans of an equivalent weight and the sieving
process shall be repeated; and
(d) the information obtained in Procedure E 2.2.1 (c) including the number
of beans forming the 300g (the “bean count”) shall be marked on the
grading sheet.
2.2.3.1 For the purpose of determining the percentage of Defective and Slaty beans, a
quantity of Cocoa beans must be cut open along their full length, creating two
halves which clearly expose both cotyledons of the Cocoa bean for
examination. Cocoa beans have to be cleanly cut through the widest section
and shall not be cut whilst laying flat.
(a) an application for grading, the number of Cocoa beans cut per sample
will be as follows:
(b) a grading appeal, the number of Cocoa beans cut per sample will be as
follows:
2.2.3.3 The number of Defective and Slaty Cocoa beans shall be marked on the
grading sheet.
(c) to be unsound,
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Grading and Warehousekeeping Procedures in respect of
Cocoa and Robusta Coffee Futures Contracts
will be graded as not tenderable and the grading sheet shall be marked
accordingly. Any such beans that have been cut shall not be returned to the
sample bag with the rest of the contents.
2.2.5.1 If, during the course of grading, a sample is found not to conform to the
contract requirements in any category, such sample shall be graded as not
tenderable and grading of the sample shall cease.
2.2.5.2 Delivery Unit which has been graded as not tenderable will be marked as such
on the grading sheet, and the grading sheet shall specify under which category
the sample has failed. In respect of gradings conducted pursuant to the Cocoa
contract terms and these Procedures, the grading sheet shall also be marked
with such information as will indicate at which stage of the grading process
for that particular category the Delivery Unit became not tenderable.
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Grading and Warehousekeeping Procedures in respect of
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SCHEDULE 1
A. Goods which are placed into a Warehouse and listed on GATS for the first
time on or after 1 August 2006 shall be stored in accordance with Procedures
D 2.1.1 (c), D 2.1.1 (d), D 2.2.1 (a) (ii), D 2.2.1 (b) (ii), D 3.1.1 (c) and D 3.2.1
(b) of these Procedures.
87