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NOTE: Only the Polish version of this document is legally binding. This translation is provided for information
only.
Rules of Participation in the Authorized
Warehouses System
Adopted by the Management Board of TGE in Resolution No 20 from 2020.
The Rules come into force as of 2020.
2
Table of Contents Definitions 3
Chapter 1. General Provisions 4
Chapter 2. Participation in the Authorized Warehouse System
Chapter 3. Suspension of participation in SMA, repealing the resolution on granting SMA
Participant status, repealing the resolution on granting authorization for a grain warehouse 7
Chapter 4. Authorized Warehouses 10
Chapter 5. Control and Authorization Units 10
Chapter 6. Obligations of Participants of the Authorized Warehouse System 11
Chapter 7. Keeping records in the Exchange IT systems 14
Chapter 8. Proceedings in cases of violation of the Regulations of participation in the Authorized
Warehouse System 16
Chapter 9. Fees 16
Appendix No. 1. Organizational and technical requirements for Authorized Warehouses………………………… ...............................................................................17 Appendix No. 2. Terms of providing grain storage services in the Authorized Warehouse System............................................................................................21 Appendix No. 3. Fees .......................................................................................27 Appendix No. 4. The maximum level of fees that may be applied by an SMA Participant providing grain storage services in Authorized Warehouses as part of trading on RTRS
28 Appendix No. 5. Application for concluding an agreement on participation in the Authorized Warehouses System and authorization of a warehouse ..........................29 Appendix No. 6. Withdrawal of grain from trading on RTRS ....................................40
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Definitions.
1) Exchange Member - an entity with the status of an Exchange Member, admitted by the
Exchange Management Board to operate on RTRS,
2) Grain delivery day to MA - the day on which grain intended for sale on the Exchange
was accepted, documented and recorded in the MA,
3) Day of grain issue from MA - day on which grain was issued from MA, documented and
recorded,
4) e-RTRS - an auxiliary application made available to RTRS participants to keep records
of goods traded on RTRS and to communicate with the Exchange,
5) market – means the Commodity Market operated by the Towarowa Giełda Energii S.A.
in accordance with the Exchange Rules,
6) Exchange, TGE - Towarowa Giełda Energii S.A. based in Warsaw,
7) Control and Authorization Unit (JKA) - an entity authorized by the Exchange to carry
out authorization control of grain warehouses (preceding the granting of the status of
Authorized Warehouse) and periodic authorization control of Authorized Warehouses,
8) Authorization control, periodic authorization control - physical control of the grain
warehouse applying for authorization in SMA and control of compliance with
requirements during the authorization period, carried out by the Control and
Authorization Unit,
9) Laboratory at the authorized warehouse (LAM) - laboratory responsible for testing the
quality of grain accepted into the MA,
10) Appeal Laboratory (LOD) - a laboratory designated by the Exchange, responsible for
procedural quality testing of grain traded on the Exchange, including testing of the
content of undesirable substances in grain,
11) Grain warehouse - a separate organizational unit of a storage enterprise having the
necessary professional technical infrastructure for receiving, storing and distributing
grains,
12) Authorized Warehouse (MA) - a grain warehouse that has been authorized to receive,
store and issue grains traded on the Exchange, on the terms set out in these
Regulations,
13) Regulations - these Rules of Participation in the Authorized Warehouses System
regarding grain on the Agricultural and Food Commodities Market,
14) Exchange Rules - Trading Rules for the Commodities Market of Towarowa Giełda Energii
S.A.,
15) Rules of the Agricultural and Food Commodities Market, RTRS Rules - the regulations
describing the rules of grain trading and settlements on the Agricultural and Food
Commodities Market, determined by the Exchange,
4
16) GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27
April 2016 on the protection of individuals with regard to the processing of personal
data and on the free movement of such data, and repealing Directive 95/46 / EC.
17) RTRS; Agricultural and Food Commodities Market; - a separate market within the
Commodity Market operated by Towarowa Giełda Energii S.A., on which agricultural
and food commodities are traded,
18) SMA – Authorized Warehouses System,
19) Transaction - a contract of sale of a specific type of grain concluded on RTRS,
20) Participant of the Authorized Warehouses System, SMA Participant – an entity admitted
to participate in the Authorized Warehouses System:
a) providing against payment storage services of grains traded on the exchange,
called "SMA Participant providing storage services", or
b) introducing grains for trading on the exchange only on its own behalf, called "SMA
Participant not providing storage services”,
21) Owner - the owner of grain traded on the stock exchange, entitled to deposit grain in
an Authorized Warehouse, order an Exchange Member to sell grain on RTRS, collect
grain from an Authorized Warehouse,
22) Grain - grain of a specified species, harvested in European Union, constituting a
commodity, meeting the quality requirements specified by the Exchange,
Chapter 1. General Provisions.
§ 1
These Regulations set out organizational and technical requirements and rules for
participation in the Authorized Warehouse System (SMA) on RTRS, operated by the
Towarowa Giełda Energii S.A.
§ 2
The condition of introducing grain for trading on the Exchange is its prior storage in an
Authorized Warehouse participating in the RTRS Authorized Warehouse System.
§ 3
To the extent not covered by these Regulations, the provisions of the RTRS Rules shall
apply accordingly.
5
Chapter 2. Participation in the Authorized Warehouse System.
§ 4
1. Only entities that have entered into an SMA agreement with the Exchange may
participate in the Authorized Warehouse System.
2. The Exchange Management Board allows the applicant to participate in the Authorized
Warehouse System if:
a) the commercial activity of the applicant applying for the status of an SMA
Participant providing storage services includes sorting and storage of grain,
b) the applicant applying for the status of SMA Participant providing storage services
undertakes to allocate for the benefit of RTRS at least the minimum storage
capacity required by the Exchange in each Authorized Warehouse,
c) the applicant meets the conditions for obtaining authorization for at least one
warehouse, on the terms set out in § 7,
d) the applicant undertakes to comply with the RTRS Rules in force on the Exchange,
e) in the opinion of the Exchange Management Board, the applicant guarantees the
fulfillment of all obligations arising from the conclusion of the contract for the
provision of storage services on the terms set out in these Regulations.
3. Submission of the application for participation in the SMA, referred to in clause 5 below,
is treated as submitting an offer to conclude a contract for participation in the SMA.
The applicant submitting the application for granting the SMA Participant status
simultaneously applies for authorization of a grain warehouses and expresses readiness
to undergo authorization control by JKA.
4. The conclusion of the agreement on participation in SMA becomes effective as of the
adoption of a resolution to grant the status of SMA Participant by the Exchange
Management Board.
5. The Exchange Management Board specifies the conditions to be met by an application
for the conclusion of an agreement for participation in SMA and authorization of a grain
warehouse, as well as documents and information that the applicant should present
together with the application.
6. The Exchange Management Board decides to grant the status of SMA Participant taking
into account the data contained in the application.
7. The Exchange Management Board decides to grant the status of SMA Participant within
30 days from the date of submission of a complete application, in accordance with the
conditions referred to in clause 5.
§ 5
6
The Exchange Management Board adopts a resolution refusing to grant the status of SMA
Participant if the applicant does not meet the formal requirements or, if in the opinion of
the Exchange Management Board, does not guarantee the proper fulfillment of obligations
arising from participation in SMA.
§ 6
1. The applicant submitting the application for the conclusion of the SMA Participation
Agreement, as well as the SMA Participant, shall immediately notify the Exchange of
any changes to the data contained in the application for the status of SMA Participant
or authorization of a grain warehouse.
2. In order to ensure security of trading, the Exchange Management Board has the right
to request additional information from the applicant and the SMA Participant at any
time that goes beyond the scope of the application referred to in § 4 clause 5. excluding
information constituting a state secret or a trade secret.
§ 7
1. The Exchange Management Board gives a grain warehouse the status of Authorized
Warehouse if:
a) The applicant has been admitted to participate in the SMA subject to § 4 clause 3.
b) the grain warehouse meets the organizational and technical requirements
specified in Annex 1 to these Regulations,
c) The SMA Participant has appropriate property insurance covering the grain
warehouse to which the authorization relates and goods stored therein for the
purpose of trading on RTRS,
d) The SMA Participant shall authorize the cooperation with the Exchange in the
practical handling of e-RTRS in each warehouse of at least: 2 (two) persons in the
case of an SMA Participant providing storage services and 1 (one) person, in the
case of an SMA Participant not providing storage services.
e) The Exchange Management Board has the right to change the requirements
referred to in clause 1(a) to (d) and to be periodically exempted from their
fulfilment. Any changes to the requirements or periodical exemption from their
fulfilment shall require 14 days' notice to the SMA Participants.
2. The authorization of the SMA Participant's grain warehouse becomes effective as of the
adoption of a resolution regarding the authorization of the grain warehouse by the
Exchange Management Board.
3. The Exchange Management Board decides to authorize the grain warehouse, taking
into account the data contained in the application for authorization.
7
4. In the case of a grain warehouse with an authorization certificate authorizing to
participate in public intervention under the European Union Common Agricultural Policy
the Exchange Management Board may waive the authorization control of this
warehouse and release the applicant from the obligation to pay a fee for the application
for the conclusion of an agreement for participation in the Authorized Warehouse
System and authorization of a given grain warehouse.
5. The Exchange Management Board shall decide on the authorization of the warehouse
within 30 days from the date of submission of a complete application for warehouse
authorization, referred to in § 4 clause 5.
§ 8
The Exchange Management Board adopts a resolution refusing to authorize a given grain
warehouse if the grain warehouse reported in the application does not meet the
requirements referred to in § 7 or, in the opinion of the Exchange Management Board, the
applicant does not warrant proper performance of the Authorized Warehouse duties.
§ 9
The Exchange Management Board may request the SMA Participant to provide additional
documents beyond the scope of the application referred to in § 4 clause 5, including, in
particular, guarantee of insurance of the adequate completion of obligations arising from
the provisions of these Regulations.
Chapter 3. Suspension of participation in SMA, repealing the resolution
on granting SMA Participant status, repealing the resolution on granting
authorization for a grain warehouse.
§ 10
1. The Exchange Management Board may suspend participation in SMA or suspend the
authorization of individual Authorized Warehouses of a given SMA Participant for a
definite period, if it finds that the SMA Participant:
a) does not regulate the obligations he is required to comply with in accordance with
the Regulations, or
b) violates the market order or regulations in force on the Exchange in relation to
RTRS, or
c) it’s operation may pose a threat to security of trading on RTRS.
8
2. Before making the decision referred to in paragraph 1, the Exchange Management
Board shall inform the SMA Participant about the circumstances constituting the basis
for the suspension and call for its removal by setting an appropriate deadline.
3. The deadline referred to in paragraph 2 may not be shorter than 14 days from the day
the SMA Participant receives the call from the Exchange Management Board, unless the
SMA Participant's action poses a threat to the security of trading on RTRS, which should
be removed immediately.
4. After the ineffective expiry of the period referred to in paragraph 2, the Exchange
Management Board may decide to suspend participation in SMA or suspend the
authorization of individual Authorized Warehouses. Suspension of participation in SMA
is tantamount to suspension of authorization of all Authorized Warehouses of a given
SMA Participant.
5. In particularly justified cases, and in particular when the circumstances show that
further action by an SMA Participant may cause serious damage to RTRS participants,
the procedure described in paragraph 2-4 shall not apply.
6. The Exchange Management Board notifies the SMA Participant of the decision to
suspend its participation in the SMA or suspend the authorization of the warehouse,
stating the reasons for its actions and sets the date by which the SMA Participant is
obliged to remove the reasons for the suspension.
7. The Exchange Management Board, upon a justified request of an SMA Participant, may
suspend its participation in the SMA or suspend the authorization of individual
Authorized Warehouses for a specified period, however not longer than 6 months.
8. The suspension is effective upon the resolution of the Exchange Management Board,
unless the Exchange Management Board specifies a different date.
9. During the suspension period of authorization of a given warehouse, the SMA
Participant:
a) cannot accept grain for trading on RTRS into this warehouse,
b) executes the Exchange's instructions referring to this warehouse with regard to
keeping records and the issuance of grain purchased on the Exchange.
§ 11
1. The SMA Participant has the right to appeal against the decision of the Exchange
Management Board about suspension within 3 days of the date of delivery of the
notification referred to in § 10 clause 6.
2. Submission of the appeal referred to in paragraph 1 does not suspend the
implementation of the decision of the Exchange Management Board on suspension
participation in SMA or suspension the authorization of individual warehouses.
9
3. The appeal referred to in clause 1 should be considered by the Exchange Management
Board within 14 days of its receipt, unless the undertaking of a decision in this case
requires additional steps, in particular providing additional documents or explanations.
§ 12
1. The Exchange Management Board revokes the resolution on granting SMA Participant
status if the SMA Participant:
a) grossly violates the market order or the provisions of the regulations in force on the
Exchange, including the provisions of these Regulations,
b) no longer meets the requirements for obtaining the status of SMA Participant, or
c) within the period referred to in § 10 clause 2, did not remove the reasons for
suspension.
2. The Exchange Management Board revokes the resolution on granting warehouse
authorization:
a) if the warehouse does not meet the organizational and technical requirements set
by the Exchange, which is confirmed by the results of periodic authorization control,
b) after an unsuccessful call to rectify deficiencies due to a violation by the SMA
Participant of the provisions of these Regulations.
3. The Exchange Management Board shall immediately notify the SMA Participant of the
revocation of the resolution to grant the status of SMA Participant or the revocation of
the resolution for granting warehouse authorization.
4. SMA Participant may lodge an appeal against the decision referred to in paragraph 3 to
the Exchange Management Board, within 14 days of receiving the notification. The
Exchange Management Board makes a decision on this matter within one month of
submitting the appeal.
5. Submission of the appeal referred to in paragraph 4 does not suspend the
implementation of the decision of the Exchange Management Board to repeal the
resolution to grant the status of SMA Participant or to repeal the resolution to grant
warehouse authorization.
6. By repealing the decisions referred to in clause 1 or 2, the Exchange Management Board
shall indicate the date of commencement of operations by the SMA Participant.
§ 13
1. An SMA Participant has the right to submit a declaration of resignation from
participation in SMA or the withdrawal of an Authorized Warehouse from SMA at any
time without the need to justify it. Submitting a declaration of resignation from
participation in SMA is tantamount to submitting an application for revocation of
authorization to all Authorized Warehouses of a given SMA Participant.
10
2. Participation in SMA ceases on the date indicated in the Exchange Management Board's
resolution on the waiver of the status of SMA Participant, but not earlier than after the
SMA Participant has fulfilled the obligations referred to in clause 4.
3. The withdrawal of a given Authorized Warehouse from participation in SMA is effective
from the date indicated in the resolution of the Exchange Management Board.
4. Submission by the SMA Participant of the declaration referred to in clause 1 does not
release them from the obligation to fulfill all their obligations under these Regulations,
in particular to pay the fees they are required to pay.
5. From the moment of the declaration referred to in clause 1, the SMA Participant may
not accept grain for trading on RTRS into the warehouse the declaration relates to.
Chapter 4. Authorized Warehouses
§ 14
1. The Exchange publishes on its public website a list of Authorized Warehouses of SMA
Participants providing storage services, including in particular:
a) name and address and contact details of the SMA Participant,
b) addresses and contact details of Authorized Warehouses, through which one can set
the details of delivery and receipt of commodities,
c) storage capacity specified in tons for a given type of grain,
d) daily taking over and delivering capacity,
e) type of transport supported by the warehouse.
2. The Exchange publishes on its public website a list of Authorized Warehouses of SMA
Participants not providing storage services, including in particular
a) addresses and contact details of Authorized Warehouses, through which one can set
the details of delivery and receipt of commodities,
b) storage capacity specified in tons for a given type of grain,
c) daily taking over and delivering capacity,
d) type of transport supported by the warehouse.
Chapter 5. Control and Authorization Units
§ 15
1. The Exchange Management Board indicates entities performing the functions of Control
and Authorization Units.
11
2. The entity performing the function of JKA is authorized to carry out authorization
checks of warehouses reported by the SMA Participant and periodic authorization
checks of Authorized Warehouses.
3. The entity performing the function of JKA should:
a) carry out control activities throughout the country,
b) have properly trained staff as well as technical and organizational resources for the
efficient and timely implementation of controls,
c) carry out inspections in a professional manner while maintaining standards of
professional diligence,
4. Performance of the JKA function requires prior conclusion of a separate agreement
between the Exchange and JKA.
5. The list of entities performing JKA functions is available on the Exchange's website.
§ 16
1. The Exchange may order JKA to directly supervise the Authorized Warehouses over
the delivery, storage and collection of grain traded on the exchange, including:
a) taking grain samples and preparing laboratory samples,
b) qualitative analysis at LAM,
c) grain weighing,
d) correct completion of grain delivery and issue documents,
e) correctness of keeping records for accepted and delivered grain.
2. The SMA participant is obliged to enable the employees of JKA, acting on behalf of the
Exchange, to carry out all activities related to the control of Authorized Warehouses,
including supervision over the admission, laboratory testing, storage and release of
grain traded on the Exchange.
Chapter 6. Obligations of Participants of the Authorized Warehouse
System
§ 17
1. The SMA Participant providing storage services undertakes to provide services for the
acceptance, storage and release of grain traded on the Exchange, in accordance with
the conditions set out in Annex 2 to these Regulations.
2. In matters not covered by these Regulations in the field of acceptance, storage and
release of grain traded on the Exchange, are used the Authorized Warehouse's own
regulations and commonly used standards and practices in this regard, as long as
they do not conflict with these Regulations.
12
3. The SMA Participant shall publish the conditions for the provision of services referred
to in clause 1, including the amount of fees used for the provision of grain storage
services in Authorized Warehouses, on its website and make it available in a visible
place in the warehouse.
§ 18
1. A SMA Participant is obliged in particular to:
a) comply with organizational and technical requirements set out in Annex No. 1 to these
Regulations,
b) accept only grain that meets the quality requirements specified by the Exchange to the
Authorized Warehouse,
c) store grain intended for trading on the Exchange, registered in e-RTRS, in a non-
deteriorated condition in relation to the quality of grain accepted at the Authorized
Warehouse. For this purpose, the SMA Participant carries out all necessary maintenance
and care,
d) enable the owner to collect grain purchased on the RTRS from the second business day,
but not later than [21] calendar days from the date of the transaction, subject to the
provisions of § 20 clause 5, and taking into account the circumstances referred to in §
21 clause 4.
e) keep in e-RTRS quantitative and qualitative records of accepted and issued grain traded
on the Exchange,
f) conduct their activities under SMA, in accordance with the regulations in force for stored
grain and in accordance with the applicable regulations of the Exchange relating to
RTRS.
2. The SMA Participant providing storage services is also required to maintain the
minimum capacity of the Authorized Warehouse as required by the Exchange and all
equipment necessary for the acceptance, proper storage and delivery of grain.
3. The Exchange Management Board, upon a justified request of an Applicant referred to
in § 4/SMA Participant providing storage services, agrees within 7 days to periodically
decrease the authorized storage capacity of the Authorized Warehouse below the
minimum capacity specified in Annex No. 1 to these Regulations, however, not less
than 1000 tons.
§ 19
The Exchange does not bear any costs related to keeping the Authorized Warehouse ready
for use and the equipment necessary for accepting, storing and delivering grain traded on
the Exchange.
13
§ 20
1. The SMA Participant providing storage services is solely responsible to the grain owners
for the quantity, quality and integrity of the stored grain, registered in e-RTRS.
2. The SMA Participant providing storage services is obliged to treat grain owners equally,
in particular to make every effort to enable the acceptance and release of grain on
agreed dates.
3. The SMA Participants are required to release grain from the Authorized Warehouse only
to the authorized grain owner or a person authorized by him after submitting:
a) a document constituting a printout from e-RTRS, confirming in particular the
ownership of grain, the quantity intended for collection at a given Authorized
Warehouse, and
b) an appropriate power of attorney document (if the grain is given to a non-owner).
4. The printout referred to in clause 3 is tantamount to confirmation of the ownership of
grain submitted to MA.
5. The SMA Participants ensure to the owners accepting and releasing grain from the
Authorized Warehouse in accordance with the agreed collection schedule, at least
according to the technical capacity for accepting and issuing grain declared for a
particular warehouse.
§ 21
1. The SMA Participant is obliged to immediately inform the Exchange about any
occurrences that have a significant impact on the proper fulfillment of obligations
arising from participation in SMA, including in particular the change of ownership form
of the SMA Participant, initiation of liquidation, arrangement, bankruptcy or remedial
proceedings against them.
2. The SMA Participant shall immediately inform the Exchange of any random cases, in
particular such as: theft, misappropriation of property, fire, flood etc. affecting the
quantity and quality of stored grain intended for trading on the Exchange. The SMA
participant shall immediately report the occurrence of damage resulting from a
fortuitous event to the insurer and competent services in order to secure compensation
proceedings. The above mentioned circumstances may constitute a basis for withdrawal
of affected grain from trading on RTRS according to the rules on withdrawal of grain
set out in these Regulations. In such a case, the affected grain is marked in e-RTRS as
withdrawn from trading on RTRS.
3. If, after entering grain into the Authorized Warehouse, an SMA Participant becomes
aware of legal defects of the stored grain, in particular of rights, claims of third parties
in relation to the stored grain leading to restrictions on its disposal, it undertakes to
immediately inform the Exchange in this regard. In such a case, the affected grain is
14
marked in e-RTRS as withdrawn from trading on RTRS according to the rules on
withdrawal of grain set out in these Regulations.
4. The SMA Participant providing storage services shall immediately inform the Exchange
of any cases disrupting the proper provision of services for the receipt, storage and
issuance of grain in Authorized Warehouses and planned technical downtime preventing
the provision of services covered by these Regulations and about situations preventing
the provision of providing storage services resulting from a case of force majeure
5. In the cases referred to in clause 4, the SMA Participant shall take all necessary steps
to promptly restore the proper provision of services covered by these Regulations.
6. The SMA participant is obliged not to disclose the information he possesses and
processed, obtained in connection with the provision of services on the terms set out
in these Regulations.
§ 22
1. In the event of a shortage of grain due to the fault of the SMA Participant or
deterioration of the quality of the grain stored in a given Authorized Warehouse, the
SMA Participant shall immediately agree with the owner of the grain how to repair the
damage caused as a result of the shortage or deterioration of the stored grain.
2. In the case of lack of agreement on the compensation for the damage, the parties may
refer the dispute for settlement by the Exchange Court.
Chapter 7. Keeping records in the Exchange IT systems
§ 23
1. For the purposes of keeping records of trading activity on RTRS, conducting physical
settlement and communication between the Exchange and Authorized Warehouses, the
Exchange provides the SMA Participant with the e-RTRS application.
2. Transfer of ownership of agri-food goods as a result of concluded exchange transactions
takes place upon their registration on the buyer's account in e-RTRS, with the
reservation that due to the nature of agri-food goods and the manner of their storage,
from the date of registration of these goods on the buyer's account in e-RTRS until they
are separated from the mass of agri-food goods stored, they constitute the buyer's
share in the joint ownership of the mass in question, corresponding to the quantity of
purchased agri-food goods (unchanging) up to the total quantity of goods stored in a
given storage area (variable depending on the quantity of goods stored at a given time,
but never less than the quantity of goods purchased). The abolition of joint ownership
takes place when the goods are separated and collected by the buyer.
15
3. Registration of goods in e-RTRS by the Exchange takes place on the basis of concluded
transactions.
4. The Exchange, at the request of an SMA Participant, provides trained employees of the
Authorized Warehouse with logins and passwords to access the e-RTRS application,
conducts training in the use of this application and provides instructional materials.
5. The SMA Participant is obliged to ensure compliance of the records kept in e-RTRS with
the actual levels of grain holdings in the Authorized Warehouse and its own records, if
any, in particular:
a) is obliged to immediately, but not later than by the end of the day of delivery,
register in e-RTRS each acceptance of grain to the Authorized Warehouse, indicating
in particular the owner of the grain, its type, quantity, date of acceptance to the MA
and the correct entry number in its own records,
b) is obliged to immediately, but no later than by the end of the day of issue, register
in e-RTRS each issuance of grain from the Authorized Warehouse, indicating in
particular the owner of the grain, its type, quantity, date of issue and the correct
entry number in its own records.
6. The SMA Participant shall immediately, but no later than within 2 days, carry out the
Exchange's instructions regarding the update of its own records, if any, in order to
reflect changes in the state of grain holdings resulting from transactions concluded on
the Exchange. The SMA Participant shall immediately confirm in e-RTRS that it has
updated the records in accordance with the Exchange's instruction.
7. If the Exchange indicates an entity which, by way of a transaction concluded on the
Exchange, has become the owner of grain stored in a given Authorized Warehouse, the
SMA Participant shall immediately, but not later than within 2 days, enter in its own
records, if it maintains such, the entity and register on its account the appropriate
amount of grain of a particular type, in accordance with the instruction received from
the Exchange.
8. The SMA Participant undertakes to process personal data made available by the
Exchange in e-RTRS for the purposes of the transaction in accordance with applicable
provisions of the GDPR.
§ 24
Violation of compliance in terms of the quantity or quality of grain recorded in e-RTRS and
the actual quantity or quality of grain in the Authorized Warehouse, leading to the lack of
coverage of the quantity of appropriate quality of goods shown in e-RTRS with the goods
actually stored in a given warehouse will be treated as a serious breach of provisions of
these Regulations and may constitute the basis for imposing regulatory penalties on an
SMA Participant, including exclusion from participation in SMA.
16
Chapter 8. Proceedings in cases of violation of the Regulations of
participation in the Authorized Warehouse System.
§ 25
Each violation of the provisions of these Regulations is assessed by the Exchange
Management Board in terms of its impact on the security of functioning of the SMA and the
security of trading on RTRS.
§ 26
The parties to the dispute related to participation in SMA on the Agricultural and Food
Commodity Market submit to the decision of the Exchange Court operating at the
Towarowa Giełda Energii S.A. on the terms set out in the regulations of this court.
Chapter 9. Fees.
§ 27
1. The SMA Participant is obliged to pay fees to the Exchange in the amount and time
limits specified in Annex 3 to these Regulations.
2. The Exchange Management Board has the right to change the level of fees referred to
in clause 1, notifying SMA Participants of this fact 7 days in advance.
§ 28
1. The SMA Participant shall specify, subject to clause 2, the level of fees for the provision
of services for the acceptance, storage and issue of grain in Authorized Warehouses
intended for trading on RTRS. The level of fees charged to the owners is published by
the SMA Participant on its website and in a visible place in the Authorized Warehouse.
2. The maximum level of fees that an SMA Participant may apply for the provision of
services for the receipt, storage and issue of grain in Authorized Warehouses as part of
trading on RTRS is set out in Annex 4 to these Regulations.
3. The maximum level of fees referred to in clause 2 is published on the public website of
the Exchange and made available by the SMA Participant providing grain storage
services in a visible place in the Authorized Warehouse.
17
§ 29
The SMA Participant's use of additional or higher fees for the provision of services for the
acceptance, storage and issue of grain in Authorized Warehouses as part of trading on
RTRS in relation to those specified by the Exchange Management Board, shall be
considered a violation of the provisions of these Regulations and may constitute a basis for
imposing a penalty equal to five times the value of unduly collected fees and/or exclusion
from participation in SMA.
Appendix No. 1. Organizational and technical requirements for Authorized
Warehouses.
Chapter 1. Storage capacity of Authorized Warehouses
§ 1
1. Authorized Warehouse storage capacity:
a) minimum 5,000 tons of storage capacity for an SMA Participant providing storage
services, to the extent storage all types of cereals;
b) minimum 1,000 tons of storage capacity for an SMA Participant providing storage
services in the case of a storage declaration for one type cereal only;
c) minimum 500 tons of storage capacity for an SMA Participant not providing storage
services.
2. Designation of a storage capacity for grain intended for trading on the Exchange of the
minimum capacity specified in paragraph 1 letter a) and b) from a warehouse of a
larger capacity is allowed.
Chapter 2. Authorized Warehouse Laboratory
§ 2
The Authorized Warehouse of an SMA Participant providing grain storage services has its
own laboratory meeting the following requirements:
a) It ensures carrying out organoleptic control of grain aimed at initial quality
assessment and testing of organoleptic features of grain delivered to the
warehouse according to the latest edition of the standard - PN-R-74013.
b) It ensures the collection of grain samples for carrying out laboratory quality tests
of the grain delivered to the warehouse according to the latest edition of the
standard - PN-EN ISO 24333.
18
c) It is equipped with the necessary, specialized laboratory equipment and
analytical equipment, allowing for the performance of laboratory quality tests of
cereals for the following grain quality markers determined according to the latest
standards, i.e. :
a) grain moisture - according to PN-EN ISO 712,
b) impurities - according to PN-EN 15587,
c) grain specific weight - according to PN-EN ISO 7971-3,
d) protein content (Nx5,7) - according to PN-EN ISO 20483,
e) Hagberg falling number - according to PN-EN ISO 3093.
d) The use of measuring devices in the laboratory using the NIR technique electric
and electronic grain moisture meters is allowed. NIR analyzers and grain
moisture meters must be periodically checked for calibrations in accordance with
the equipment manufacturer's instructions by an independent control unit. NIR
devices and grain moisture meters after checking should receive a "certificate"
confirming the accuracy of function.
e) The laboratory is equipped with additional necessary instruments and devices,
including scales, weights, density meters properly calibrated and verified in
accordance with applicable regulations.
§ 3
1. The Authorized Warehouse of an SMA Participant not providing storage services has its
own laboratory that meets the requirements set out in §2. In the absence of its own
laboratory, it is allowed to use the services of an external laboratory that meets the
requirements set out in §2 or a laboratory admitted by the Exchange to participate in
laboratory quality tests of grain on RTRS, provided that the SMA Participant concludes
a contract for the provision of laboratory services to the extent required by the
Exchange.
2. In the case of using the services of an external laboratory which is not accredited to
perform tests according to specific test methods designated in the standards indicated
for the determination of distinctive features of grains traded on RTRS, or without
approval (certification) for performing quality tests of grains by an independent
international industry organization (e.g. GAFTA, ICC) in the agreement referred to in
paragraph 1, the SMA Participant provides the possibility of JKA conducting an external
laboratory inspection on behalf of the Exchange.
19
Chapter 3. Storage rooms and employees
§ 4
Authorized Warehouse storage rooms:
a) They are carefully cleaned, dry and free from warehouse pests, and the way
they were used earlier does not have a negative impact on the quality of the
grain during subsequent storage.
b) They have adequate protection against rain, ground water leakage, temperature
changes and access to rodents and birds.
c) They undergo periodic preventive treatments and, if necessary, disinfecting, bug
elimination and pest control treatments with the use of substances appropriate
and authorized for this purpose.
d) They have adequate protection against burglary and theft.
e) They have current floor plans including their dimensions. The plans and
geometrical dimensions of storage rooms (silos, chambers, etc.) correspond to
their actual storage volume.
f) They have lighting enabling proper monitoring of stored grain and its control.
§ 5
The Authorized Warehouse provides the appropriate number of employees with adequate
professional qualifications to handle the receipt, storage and distribution of grain, and to
conduct grain quality tests in a warehouse laboratory. At least one person has the
qualifications of an appraiser within the meaning of the Act on the commercial quality of
agri-food products of December 21, 2000 (Journal of Laws of 2019, item 2178, as
amended) in the field of collecting grain samples. The qualifications of these people are
documented.
I the cause warehouses not providing storage services it is allowed to use the services
of third parties entities providing sampling services, provided that they have persons
with qualifications of an appraiser qualifications in the preceding sentence within the
meaning of the Act referred to in the preceding sentence
Chapter 4. Technical capacities
§ 6
Technical capacity to accept and release grain:
a) For an Authorized Warehouse of an SMA Participant providing storage services not
less than 500 tonnes per day.
b) For an Authorized Warehouse of and SMA Participant not providing storage services
not less than 100 tonnes per day.
20
§ 7
The Authorized Warehouse provides services for at least road transportation.
§ 8
The Authorized Warehouse has at least one scale for weighing in and out grain with a
minimum weighing capacity of 50 tonnes. The balance has current documented
verification features.
§ 9
The Authorized Warehouse has functional devices for:
a) Weathering grain,
b) Moving and cleaning grain,
c) Controlling the correct storage of grain, in particular such as:
i. depth thermometer for constant control and registration of grain
temperature,
ii. hygrometer for measuring moisture in storage rooms,
iii. grain sampling probe,
iv. instruments for making representative samples of grain.
§ 10
The Authorized Warehouse has equipment guaranteeing compliance with health and safety
and fire protection conditions in accordance with applicable law.
§ 11
The Authorized Flat Warehouse should additionally:
a) Allow self-propelled loading vehicle to be used for loading and unloading.
b) Be able to unload and load any size grain truck, under a roof or at a covered
point in the warehouse.
c) Allow grain to be stored in a heap formed in a way that allows determining
the amount of grain by measuring it.
d) Have flat floors, side walls and a ceiling, protected against moisture.
§ 12
An Authorized Warehouse of an SMA Participant providing storage services has
implemented systems ensuring food quality and safety (e.g. HACCP, GMP or other
equivalent).
21
Appendix No. 2. Terms of providing grain storage services in the Authorized
Warehouse System.
Chapter 1. Fees for receiving, storage and delivery of grain.
§ 1
1. An SMA Participant providing storage services at an Authorized Warehouses under RTRS
shall apply fees only for the following services:
a) for accepting grain into storage,
b) for storing grain,
c) for issuing grain from storage.
2. The fee for accepting grain covers the following activities:
a) physical movement of grain from the means of transport to the storage place in
the Authorized Warehouse,
b) weighing grain,
c) taking laboratory samples and conducting qualitative analysis of grain in LAM.
3. The fee for storing grain covers the following activities:
a) moving grain in the warehouse,
b) carrying out maintenance operations, including weathering grain and pest
control,
c) ventilation of storage rooms,
d) stocktaking,
e) stored grain insurance.
4. The fee for issuing grain covers in particular the following activities:
a) taking laboratory samples and conducting qualitative grain analysis at LAM,
b) loading out grain onto means of transport,
c) weighing grain, including on means of transport.
5. The fees referred to above cover the normative warehouse losses that will occur during
the receipt, storage and delivery of grain.
§ 2
1. The fees for accepting and delivering grain in an Authorized Warehouse of an SMA
Participant providing storage services are borne by the owner placing the grain for
trading on the Exchange.
2. The fees for storing grain in an Authorized Warehouse of an SMA Participant providing
storage services until the date of the transaction (inclusive) on the Exchange shall be
borne by the owner placing the grain for trading on the Exchange (the seller).
22
3. The fees for storing grain in an Authorized Warehouse of an SMA Participant providing
storage services starting from the day following the date of the transaction on the
Exchange are borne by the owner who purchased the grain on the Exchange.
4. SMA Participant not providing storage services does not charge fees for grain storage in
MA for the period until the twenty-first (21) day (inclusive) from the date of the
transaction.
5. If it is not possible to collect the grain due to the fault of the Authorized Warehouse, the
owner may not be charged with the storage costs for the period in which they could not
collect the grain.
6. The maximum level of fees that may be applied by an SMA Participant providing services
in the storage of grain in Authorized Warehouses as part of trading on RTRS is set out
in Annex 4 to these Regulations.
Chapter 2. Accepting grain to the SMA Participant’s Authorized Warehouse and
testing its quality
§ 3
1. The Authorized Warehouse allows the owner to report intended delivery of goods to the
warehouse by:
a) a visit to the warehouse,
b) telephone contact,
c) contact via email,
using the contact details of individual Authorized Warehouses published by the Exchange
on its public website.
2. Acceptance of grain to an Authorized Warehouse of an SMA Participant providing storage
services is treated as the conclusion of a contract between the owner of the grain and
the SMA Participant for the provision of grain storage services under the rules set out
in these Regulations and does not require a separate contract. If such an agreement is
concluded, it should take into account the provisions of these Regulations.
3. The grain Owner, both entering the grain into the Authorized Warehouse, as well as
obtaining the ownership of the grain as a result of exchange transactions, agrees to
combine his own grain with grain of the same species and the same quality within the
given Authorized Warehouse.
4. Acceptance of grain to an Authorized Warehouse of an SMA Participant providing storage
services is based on a delivery schedule agreed with the owner submitting the grain.
23
The Authorized Warehouse providing storage services is required to provide adequate
storage space for grain covered by the agreed delivery schedule.
5. Only grain free from legal defects, meeting the relevant requirements specified by the
Exchange, verified by carrying out quality control, is accepted into the Authorized
Warehouse for sale on the Exchange.
6. The grain in the Authorized Warehouse intended for trading on the Exchange may be
mixed with other grain intended for trading on the Exchange of the same type and
quality class in the Authorized Warehouse . An authorized employee of the Authorized
Warehouse providing storage services informs the owner before placing grain in the
Authorized Warehouse about the possible consequence of its mixing with other grain in
the same quality class, in particular the possibility of delivering grain with other
parameters than those determined when accepting the given batch of goods, but not
worse than minimal parameters in a given quality class of goods.
7. SMA Participant designates the storage room in which grain intended for trading on the
Exchange is held in a visible way, taking into account its type, quality class with the
annotation "intended for trading on the stock exchange”.
§ 4
1. Acceptance of grain to the Authorized Warehouse takes place after carrying out grain
quality control according to the principles and criteria set by the Exchange.
2. Grain quality control includes:
a) organoleptic inspection aiming at the initial quality assessment and testing of
organoleptic characteristics of the grain delivered to the warehouse carried out in
accordance with the latest edition of the standard - PN-R-74013, including in
particular checking:
i. the general condition and uniformity of the delivery lot,
ii. smell,
iii. color,
iv. presence of pests and pest residues,
v. visible signs of fungal diseases,
vi. indicative determination of humidity and purity.
b) laboratory grain quality testing including the following quality features determined
according to the latest standards editions, i.e.:
i. grain moisture - according to PN-EN ISO 712,
ii. impurities - according to PN-EN 15587,
iii. grain specific weight - according to PN-EN ISO 7971-3,
iv. protein content (Nx5,7) - according to PN-EN ISO 20483,
v. Hagberg falling number - according to PN-EN ISO 3093.
24
§ 5
1. From each batch of deliveries of grain intended for trading on the Exchange, an expert
collects grain samples and prepares laboratory samples according to the latest edition
of the standard - PN-EN ISO 24333 for conducting laboratory quality testing of grain.
The laboratory sample from a given grain delivery batch is divided into parts for the
following purpose:
a) one part of the sample is transferred to the LAM for laboratory quality testing of
the grain,
b) the second part of the sample is handed over to the grain owner,
c) the third part of the sample is stored at the AM as a reference sample.
2. In case of suspected occurrence of undesirable substances in grain, a separate
laboratory sample is prepared for a given batch of delivered grain. The sample is
divided into 2 parts. One part is transmitted to LOD in order to determine the content
of undesirable substances in the grain. The second part of the sample is stored at the
AM as a reference sample.
§ 6
Until the results of the grain quality testing at LAM are obtained, the grain delivery batch
for which the test is carried out remains on the means of transport by which it was delivered
to the warehouse.
§ 7
1. If a grain quality test at LAM reveals that a given batch of delivered grain does not
meet the minimum requirements, the grain owner may request an appeal laboratory
testing of grain quality at LOD as soon as the test results from LAM are received. In
this case, the appellate sample prepared by the appraiser is delivered to LOD for the
purpose of appeal laboratory quality tests of grains.
2. The results of appeal laboratory quality tests of grains in LOD are final and conclusive.
3. If the appeal laboratory quality control of grains in LOD shows that the given batch of
grain does not meet the minimum requirements, the delivery is rejected and the owner
is charged with the costs related to the appeal examination in LOD.
§ 8
1. Acceptance to the Authorized Warehouse of a given batch of grain is documented by
proof of determining the weight of the grain and its quality class, which is issued by
an authorized employee of the Authorized Warehouse.
25
2. Grain delivery weight (net) is the difference between the weight of the grain and the
means of transport determined at the entrance to the warehouse (gross weight), and
the weight of the means of transport after unloading the whole batch of grain.
3. An authorized employee of an Authorized Warehouse, after issuing evidence of weight
and quality determination, registers grain deliveries in the e-RTRS application and in
their own records, if such records are maintained, keeping record compliance for each
day of delivery.
4. The record compliance of the received grain on a given delivery day should include in
particular:
a) the name of the SMA Participant and the address of the Authorized Warehouse,
b) name of the owner of the accepted grain,
c) the type of grain accepted,
d) quantity (in tonnes) and quality class of accepted grain,
e) grain delivery day,
f) number of the proof of determining the weight and quality of the accepted grain
on a given delivery day.
Chapter 3. Issue of grain from an Authorized Warehouse
§ 9
1. The Authorized Warehouse allows the owner to submit a request for collection of goods
from MA by:
a) a visit to the warehouse,
b) telephone contact,
c) contact via email,
using the contact details of individual Authorized Warehouses published by the
Exchange on its public website.
2. The grain is issued from the Authorized Warehouse on the basis of a collection schedule
agreed with the owner collecting the grain.
3. The grain is handed over to the owner or a person authorized by him on the basis of a
document confirming ownership, referred to in § 20 clause 3 of the Regulations.
4. Before issuing grain from the Authorized Warehouse, an authorized warehouse
employee is required to verify the document confirming ownership of the grain
presented by the recipient.
5. The grain may be issued by removing the grain from the Authorized Warehouse or by
transfer of the grain internally within the Authorized Warehouse. The issue may take
place in batches.
26
6. The Authorized Warehouse ensures that the appraiser collects grain samples and
prepares laboratory samples before loading out a given batch of grain, if the technical
conditions of the warehouse allow it, or during loading out the grain to carry quality
testing of grain at LAM or, at the owner's request, at LOD.
7. The grain owner may order laboratory quality tests of grain in LOD or appeal laboratory
quality tests of grain in LOD. In this case, an appraisal sample of grain prepared by an
appraiser is delivered to LOD for appropriate tests.
8. The results of laboratory quality tests of grain or appeal laboratory quality tests of grain
carried out in LOD are final and conclusive.
9. The costs of laboratory quality tests of grain carried out in LOD as well as the costs of
transport and downtime are borne by the party for whom the results of these tests are
unfavorable.
10. The release from the Authorized Warehouse of each lot of grain, its weight and quality
class are documented by proof of determining the weight of the lot of grain and quality
class in a manner analogous to the process of accepting grain to the Authorized
Warehouse, referred to in § 8.
Chapter 4. Withdrawal of grain from trading on RTRS.
§ 10
1. Grain intended for trading on RTRS accepted into an Authorized Warehouse of an SMA
Participant providing storage services and registered in e-RTRS may be withdrawn from
trading in case of:
a) circumstances indicated in § 21 clause 2 and 3 of these Regulations,
b) appropriation of grain by the SMA Participant for the purpose of securing its
claim against the owner of the grain resulting from the provision of grain
storage services.
2. The Exchange registers withdrawal of grain in e-RTRS in cases mentioned in clause 1
on the basis of a motion submitted on a form specified in Annex 6 to these Regulations
by the SMA Participant immediately upon its taking notice of circumstances constituting
the basis for withdrawal but not later than by the end of the day preceding a trading
day as defined in RTRS Rules.
27
Appendix No. 3. Fees
1. Fixed fees:
1.1. Fee for the authorization of one grain warehouse 1000 PLN
1.2. Fee for additional authorization control of one grain
warehouse
1000 PLN
1.3. Annual fee for participation in the Authorized Warehouses
System of one grain warehouse
600 PLN
2. Additional fees:
2.1. Fees for violating the SMA regulations
2.1.1. Fee for the first infringement 500 PLN
2.1.2. Fee for each subsequent infringement 1000 PLN
COMMENTS:
1) The manner and date of payment shall be determined by the Exchange Management
Board,
2) The fee for the authorization of one grain warehouse is not collected in the case of a
grain warehouse with an authorization certificate entitling it to participate in public
intervention under the Common Agricultural Policy of the European Union in relation to
which the Exchange Management Board withdrew from conducting the authorization
control.
3) The annual fee for participation in the SMA of one grain warehouse is charged in
advance for the entire calendar year starting from the first calendar year after the year
in which the given warehouse obtained the status of Authorized Warehouse.
4) The annual fee for participation in SMA is non-refundable in the event of suspension of
participation in SMA or termination of the contract for participation in SMA,
5) The fees set out in this Annex do not include VAT.
28
Appendix No. 4. The maximum level of fees that may be applied by an SMA
Participant providing grain storage services in Authorized
Warehouses as part of trading on RTRS
1. For accepting grain: 7,50 PLN/t
2. For storing grain: 7,50 PLN/ t/per month
3. For issuing grain: 7,50 PLN/t
29
Appendix No. 5. Application for concluding an agreement on participation in
the Authorized Warehouses System and authorization of a warehouse
/Place, date dd-mm-yyyy /
To the Management Board of
Towarowa Giełda Energii S.A.
APPLICATION
for the conclusion of a contract for participation in the Authorized
Warehouses System and authorization of a grain warehouse on the
Agricultural and Food Commodities Market of the Towarowa Giełda Energii
S.A.
.........................................................................................................................
/name, surname or name of the applicant/
approaches the Management Board of Towarowa Giełda Energii S.A. (hereinafter
referred to as "TGE") on the basis of the Regulations for Participation in the Authorized
Warehouse System (hereinafter also "SMA") on the Agricultural and Food Commodities
Market (hereinafter also "RTRS") of Towarowa Giełda Energii S.A. for
conclusion of a contract for participation in the Authorized Warehouses System
authorization of a grain warehouse/ warehouses in the number of …..
Applicant’s data
First name, last name /
company / name / of the
applicant
Address of residence or
registered office (street,
house number, apartment
number)
Post Code / City
30
Phone numer
Fax numer
E-mail address
Social Security Number
(PESEL)1
Tax Identification Number
(NIP)
Statistical Number (REGON)2
Correspondence address
(street, house number,
apartment number)
Post code / city
Category of applicant q providing storage services
q not providing storage services
Applicant's organizational
and legal form
q natural person
q limited liability company
q joint-stock company
q other .................................................
The Applicant declares that he has read and undertakes to comply with the provisions of
the Regulations for Participation in the Authorized Warehouses System and other
provisions in force on the Towarowa Giełda Energii S.A. regarding RTRS.
In addition, the Applicant declares that they agree to submit civil disputes that may arise
from participation in SMA to be settled by an arbitration court operating at the commodity
exchange operated by Towarowa Giełda Energii S.A.
The Applicant also undertakes to inform TGE S.A. about any changes to the data contained
in this application, as well as to be submitted at the request of TGE S.A. current documents
that have been submitted as attachments to this application.
…....................... ............ ....................................................................
/place and date / /signatures of persons authorized to represent the applicant /
1 Required only for natural persons 2 Only if assigned
31
Information on personal data processing by Towarowa Giełda Energii S.A.
Information concerning processing of personal data by the Polish Power Exchange in
connection with the requirements of art. 13 and 14 Regulation (EU) 2016/679 of the
European Parliament and of the Council of 27 April 2016 on the protection of individuals
with regard to the processing of personal data and on the free movement of such data and
repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter 'RODO').
This information applies to:
• an applicant who is a natural person or a natural person running a business activity,
applying for participation in the SMA and warehouse authorisation.
• persons authorised to represent the authorised warehouse and persons indicated
for business contacts.
The personal data administrator is Towarowa Giełda Energii S. A. with its seat at ul.
Książęca 4, 00-498 Warsaw, tel.: 22 341 99 12, e-mail address: [email protected] .
The controller has appointed a Data Protection Officer, who can be contacted at
Personal data within the scope of: name and address of the authorised warehouse, data of
persons authorised to represent the authorised warehouse and persons indicated for
business contacts ( i. e. (first and last name, telephone number, business e-mail address)
will be processed for the following purposes:
a. servicing of participation in the Authorised Warehouse System and trading on the
Agricultural and Food Commodities Market run by TGE S.A. in connection with concluding
the agreement on participation in the Authorised Warehouse System (on the basis of art.
6 § 6 1 litre. RODO)
b. to verify the correct representation of the entity in connection with the declaration
of intent, to communicate in connection with the conclusion or performance of the contract,
to maintain and develop the business relationship, to establish, investigate or defend
against possible claims based on the legitimate interest of the administrator (art. 6 § 6 1
litre. RODO).
c. provide access to information on SMA Participants by publishing the list of SMA
Authorised Participant Magazines on the website. tge.pl , (art. .6 ust. 1 lit. f RODO-
legitimate interest of the administrator)
The data will be kept for the duration of your participation in the SMA and will then be kept
for the time necessary to settle accounts and to establish, pursue or defend any claims.
32
The recipient of the data is the Authorization Control Unit, in terms of contact details of
Authorized Warehouses. The recipients of the data may also be users of the TGE website
www.tge.pl , entities processing personal data on behalf of TGE in connection with the
services provided to TGE, e. g. advisory and IT services.
Every person has the right to request access, correction, deletion, restriction of processing
and transfer of his or her personal data.
Every person has the right to object to the processing of his/her personal data, as well as
the right to lodge a complaint against the processing of data with the President of the
Office for Personal Data Protection. In particular, each person has the right to object to the
processing of his/her personal data on the basis of the legitimate interest of the controller,
as well as to the processing of his/her personal data for marketing purposes.
Providing data of persons authorised to represent the entity is a condition for concluding
an agreement on participation in the Authorised Warehouse System.
Providing the data of persons indicated for business contacts is voluntary, but not providing
them will hinder communication and contact with the contractor in relation to the contract.
I confirm that I have read the information clause:
…………………………………………………………….
Date and signature of the applicant
33
Attachments required to consider the Request:
1. Identification documents of the Applicant:
a) a copy of the current excerpt from the Applicant's relevant register or a printout
from the Central Information of the National Court Register or a printout from the
Central Register and Information on Economic Activity (CEIDG),
b) a copy of the document confirming the assignment of a statistical identification
number (REGON) and tax number (NIP).
2. List of persons authorized to represent the Applicant together with their signatures as
per Template No. 1.
3. Details of persons authorized to represent the Applicant in contacts with TGE S.A. along
with telephone numbers and e-mail addresses as well as the commitment to comply
with the regulations of the Towarowa Giełda Energii S.A. (according to Template 2 and
3).
4. Financial and tax information confirmed as true to the original by persons authorized
to represent the Applicant:
a) annual financial statements for the last financial year prepared in accordance with
the accounting regulations in the case of an Applicant obliged to prepare it,
b) certificate from the Tax Office competent for the Applicant about the lack of tax
arrears,
5. A copy of the transfer confirmation of the fee for the application for the conclusion of
an agreement for participation in the Authorized Warehouse system and authorization
of the grain warehouse to the account of Towarowa Giełda Energii S.A. (Polish Power
Exchange) in the amount resulting from the amount of fees specified in Annex 3 to the
Rules for Participation in SMA - Fees.
Account number with PEKAO S.A.: 21 1240 6292 1111 0010 8955 3012.
6. Address and organizational-technical data of the grain warehouse submitted for
authorization in SMA (according to Template 4).
7. Deklaracja Wnioskodawcy w zakresie gatunków zbóż objętych umową o uczestnictwo
w SMA (wg. wzoru nr 5).
8. A copy of the Insurance policy confirmed to be true to the original by persons authorized
to represent the Applicant confirming the conclusion of the property insurance contract
for against random events including the warehouse reported for the status of
Authorized Warehouse and the goods stored in it.
34
Template No. 1: List of persons authorized to represent the Applicant.
List of persons authorized to represent the Applicant
and signatures
……....................................................................................................................
/first name, last name of the applicant/
No. First name and last name
Position Signature
……………………….....................................
/date, stamp and signature of the authorized person/persons/
35
Template No. 2: List of persons authorized by the Applicant to cooperate with
TGE S.A.
List of persons authorized by the Applicant to cooperate with TGE S.A.
........................................................................................................................
/name, surname / name of the Applicant/
First name and last
name/ Position Phone numer E-mail
………………………..........................................
/date, signatures of authorized persons/
36
Template No. 3: Applicant's commitment to comply with Exchange regulations.
Commitment
……....................................................................................................................
/imię nazwisko/nazwa Wnioskodawcy/
I undertake to:
comply with:
q Regulations for Participation in the RTRS Authorized Warehouse System;
q Other regulations, including those regarding the Market of Agricultural and Food
Commodities, applicable on the Exchange operated by the Towarowa Giełda Energii
S.A
and
q Fulfill all obligations resulting from the conclusion of the agreement on participation
in the System of Authorized Warehouses for grains on RTRS;
q Deliver annual financial statements to TGE S.A. for the last financial year prepared
in accordance with the accounting regulations each time after the end of the
financial year3
..............................................
/date, signature of authorized person/
3 Applies to the applicant obliged to prepare financial statements;
37
Template No. 4: Address and organizational and technical data of the grain
warehouse submitted for authorization4
Name of grain warehouse
Address of grain warehouse
(Street, number)
Post code/ City
Telephone Number
Fax Number
Applicant's legal title to the grain
warehouse
q Property
q Rent/Lease
q Other ……………………………………
First and last name of the person /
persons authorized in a given
warehouse to cooperate with the
stock exchange5
Type of grain warehouse: q Elevator
q Silo
q Flat
q Other ………………………………………….
Total storage capacity (tons)
Declared capacity for trading on
Exchange (tons)6
Cereal species covered by the
SMA contract in the warehouse
q Wheat
q Rye
q Maize
Admission / release capacity
(tons/day)
Type of transport handled by the
grain warehouse
q Railway
q Truck
Minimum weighing capacity (tons)
for:
4 To be completed separately for each grain warehouse; 5 Obligatory 2 persons for SMA Participants providing storage services and 1 person for SMA Participants not providing storage services; 6 At least 5,000 tonnes for SMA Participants providing storage services or 1 000 tonnes in the case of a storage declaration for one type cereal only and at least 500 tonnes for SMA Participants not providing storage services;
38
q Rail transport
q Truck transport
………………….
………………….
Warehouse laboratory q In-house
q External7 ……………………………
(name, address)
Number of warehouse employees
with appraiser qualifications8
Agrement with third parties
entities providing sampling
services9,
Yes
No
Computerized warehouse records
system
q In-house
q External ……………………………….
(name and address of the service provider)
System ensuring food quality and
safety10
q HACCP
q GMP
q Other …………………………………….
Other additional services offered by the Applicant:
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
(short description of services e.g. transport, forwarding)
7 Applicable only to a SMA Participant not providing storage services; 8 Within the meaning of the provisions of the Act on Commercial Quality of Agricultural and Foodstuffs; 9 Applicable only to a SMA Participant not providing storage services, in accordance with § 5 of Appendix No 1 of Rules
39
40
Template No. 5: Applicant's declaration regarding the cereal species covered by
the SMA participation agreement
……....................................................................................................................
/ name and surname of the Applicant /
I am applying for a contract for participation in the SMA for the following types
of cereals:
WHEAT:
RYE:
MAIZ:
……………………………………………………………………………………
/ date, signature of an authorized person /
41
Appendix No. 6. Withdrawal of grain from trading on RTRS
First name and last name/
Company name of SMA
Participant
Name and address of the
Authorized Warehouse
First name and last name/
Company name of the owner
of grain
Type of grain
Class
Amount
Reason for withdrawal
(select and give a short
description)
q Random event (theft, flooding, fire etc.),
q Legal defect,
q Appropriation for the purpose of securing claims,
q Other
….……..………………………………………………………. ………………………………………………………..
/Place and date/ /signature of authorized persons/
