DISPUTE RESOLUTION PROTOCOL: A TOOL FOR TRANSPARENCY IN THE MARKETING OF MILK
A service available to producers to defend the price of its production.
Thursday May 9, 2019
The Ministry of Government Agribusiness, through the National Dairy Address
reminds producers and various representatives of the dairy industry, the
importance of using the Protocol dispute settlement set out in Annex 2 of
Resolution No. 229/16 .
Today the sector has a regulatory framework, which previously did not
exist, against possible case of dispute. This is the Dispute Resolution
Protocol, a transparent mechanism where the parties mutually agree to
resolve the matter in accordance with the conditions and procedures such as:
to. Analyzes are made to resolve the dispute may only be performed in
laboratories accredited by the Argentine Accreditation Agency (OAA)
regarding compliance with the IRAM 301: 2005, equivalent to ISO / IEC
17025: 2005.
b. Claims can only be made on results of the current month. If the claim is
made between 1 and 6, it must select the month for which the claim is made.
c. The claimant shall request the other hand, the extraction of a new
sample outside the regular schedule (called re-sampling) coordinating the
date and time of completion of the re-sampling, which shall not exceed 72
hours of the start of the claim.
d. In this event must be present at least the parties and / or
representatives for this purpose and a representative laboratory originally
analyzed samples or milk under dispute.
and. Sampling shall be performed by the instructions that the laboratory
chosen Arbitral provide to the parties according to the needs or lining the
analyzes to be performed. If necessary, the complainant may request that
the sampling is done by a professional laboratory chosen arbitration.
F. Whatever the mechanism used by the parties for sampling, it is
understood that the act of delivering the sample to the Arbitral laboratory
for analysis, implies the agreement of the parties to the dispute on the
representativeness of the sample and the correct application of sampling
instructions supplied by the arbitration laboratory.
g. A sample, original considered, will be analyzed by the Arbitral
Laboratory; a second sample considered duplicate, shall be protected for
the eventual case of any problems with the original sample did not allow
analysis.
h. The results obtained from the analysis of the original sample will be
considered unappealable in the administrative proceedings and its results
will be applied to the volume of milk that affects the period subject to
controversy.
i. Based on the results obtained, the parties resolved commercially
applying credits or debits the next winding, in order to compensate for any
incurred analytical errors.
j. The minutes drawn up by the intervening laboratory containing all the
information the resolution of the dispute shall be informed Way National
Directorate of the Ministry of Agriculture, Livestock and Fisheries of the
Government Secretariat of Agribusiness through SIGLeA.
k. In the event that the results are ratified in dispute, the operating
costs of claims borne by the claimant, while in the event that results in
controversy are rectified, the operating costs of the claim will be faced
by the subject of complaint .
Worth noting the use of the Integrated Management System Dairy Argentina
(SIGLeA), a tool for transparency and unify information among stakeholders
in the dairy chain and agencies. This system aims to transparent
information and provides mandatory and only universal electronic settlement.
Thursday May 9, 2019
The Ministry of Government Agribusiness, through the National Dairy Address
reminds producers and various representatives of the dairy industry, the
importance of using the Protocol dispute settlement set out in Annex 2 of
Resolution No. 229/16 .
Today the sector has a regulatory framework, which previously did not
exist, against possible case of dispute. This is the Dispute Resolution
Protocol, a transparent mechanism where the parties mutually agree to
resolve the matter in accordance with the conditions and procedures such as:
to. Analyzes are made to resolve the dispute may only be performed in
laboratories accredited by the Argentine Accreditation Agency (OAA)
regarding compliance with the IRAM 301: 2005, equivalent to ISO / IEC
17025: 2005.
b. Claims can only be made on results of the current month. If the claim is
made between 1 and 6, it must select the month for which the claim is made.
c. The claimant shall request the other hand, the extraction of a new
sample outside the regular schedule (called re-sampling) coordinating the
date and time of completion of the re-sampling, which shall not exceed 72
hours of the start of the claim.
d. In this event must be present at least the parties and / or
representatives for this purpose and a representative laboratory originally
analyzed samples or milk under dispute.
and. Sampling shall be performed by the instructions that the laboratory
chosen Arbitral provide to the parties according to the needs or lining the
analyzes to be performed. If necessary, the complainant may request that
the sampling is done by a professional laboratory chosen arbitration.
F. Whatever the mechanism used by the parties for sampling, it is
understood that the act of delivering the sample to the Arbitral laboratory
for analysis, implies the agreement of the parties to the dispute on the
representativeness of the sample and the correct application of sampling
instructions supplied by the arbitration laboratory.
g. A sample, original considered, will be analyzed by the Arbitral
Laboratory; a second sample considered duplicate, shall be protected for
the eventual case of any problems with the original sample did not allow
analysis.
h. The results obtained from the analysis of the original sample will be
considered unappealable in the administrative proceedings and its results
will be applied to the volume of milk that affects the period subject to
controversy.
i. Based on the results obtained, the parties resolved commercially
applying credits or debits the next winding, in order to compensate for any
incurred analytical errors.
j. The minutes drawn up by the intervening laboratory containing all the
information the resolution of the dispute shall be informed Way National
Directorate of the Ministry of Agriculture, Livestock and Fisheries of the
Government Secretariat of Agribusiness through SIGLeA.
k. In the event that the results are ratified in dispute, the operating
costs of claims borne by the claimant, while in the event that results in
controversy are rectified, the operating costs of the claim will be faced
by the subject of complaint .
Worth noting the use of the Integrated Management System Dairy Argentina
(SIGLeA), a tool for transparency and unify information among stakeholders
in the dairy chain and agencies. This system aims to transparent
information and provides mandatory and only universal electronic settlement.