The RUCIP (Rules and Practices of the Inter-European Trade in Potatoes) conditions were first introduced in 1956 and have been revised several times since then. The latest revision was in 2025. "The conditions define professional practices and a simple and efficient procedure for expert assessments and arbitration," Cristina Pohlmann, RUCIP delegate since 2021, explained at the start of a webinar on the latest changes. "RUCIP applies if it is agreed on in the contract, which means that it must be explicitly referenced. Anyone in the chain can use it."
In addition to the European RUCIP Committee and the European Secretariat, there is the Office of the European Delegate, administered by the European Delegate. There are also national offices in various countries. "It is important to know who is responsible for your expert assessment or arbitration. If there is no national office in your country, you must submit your application to the European Delegate."
"We started the revision in 2019," said Pohlmann about the changes. "We set out to modernize the rules while retaining the current advantages. We revised each article and changed the reference language from French to English. There are also some changes regarding the language used in arbitration proceedings." Previously, it was possible to choose between five languages, but from October 2025, there will only be two options: either English or the language proposed by the claimant.
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The practical benefits of RUCIP
But why use RUCIP? "It is a set of rules developed specifically for the potato trade. It is recognized and trusted by all parties in the value chain and offers an efficient alternative to costly legal proceedings. It is faster than court proceedings. The costs are low and predictable. The arbitrators and experts involved are specialists and know the potato industry very well. A RUCIP process is secure, neutral, and confidential, and, very importantly, also enforceable within the EU," Pohlmann explained.
RUCIP arbitration vs. court proceedings
"Arbitration, if agreed upon, settles all contractual disputes," said Alexander Bauer, in-house lawyer from Agrarhandel. "This means that you can discuss not only quality but also payments and claims for damages. However, this requires that a corresponding arbitration clause be included in the contract and signed by the parties. At least in arbitration, the costs are transparent. We have a high degree of flexibility, the procedure is much less formal, and it is often faster."
Practical examples of RUCIP
"I myself have only used arbitration once in my entire business career," reported Thomas Herkenrath, F. Jungnickel GmbH & Co. KG and DKHV President. "But where I did use it, it was a huge help and also resulted in all parties being able to look each other in the eye afterward. Basically, RUCIP is, of course, a very good framework for us in our day-to-day business, one that we can rely on." Like a kind of traffic regulation. "Everyone knows what to expect from the other." And he added, "I have also experienced in my practice that, even if it was not agreed upon, RUCIP came into play when two disputing parties subsequently agreed on it. I can't really imagine potato trading as an international trader without RUCIP."
As a RUCIP arbitrator and expert, Jan Preiss from Preiss Agrar brought along a few case studies. "There was a case where a trader here in Germany purchased potatoes from a supplier in France. Upon receipt of the goods, an incoming goods report was prepared and submitted to the supplier. The supplier questioned this and then requested an expert assessment from the appointing authority. I drove to the trader and prepared the expert assessment in accordance with the RUCIP regulations. The report was able to independently determine the actual quality." On another occasion, he traveled to Israel to evaluate a shipment of French potatoes. "The report was then used in the second year in arbitration proceedings between the exporting trader in France and the potato producer because the two parties could not reach an agreement."
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"We are a small sector," he emphasized. "Of course, we all want to continue doing business with each other. And yet, even in arbitration, it can sometimes be advantageous if an uninvolved third party or the arbitration tribunal with three arbitrators can ultimately settle the dispute."
Review of the current situation
Dr. Albert Michael Tilmann – lawyer and RUCIP specialist – gave those present one more piece of advice: "It is advisable to familiarize all your employees who are involved in the processing of contracts with the RUCIP terms and conditions. In practice, it repeatedly turns out that the first weak point is the conclusion of the contract. I would therefore strongly recommend that you take the newal of RUCIP as an opportunity to take new action within your company. And I would also like to broaden the perspective a little, because we have the RUCIP conditions as a major set of terms and conditions in the potato trade from international trade. At the same time, of course, we still have the Berliner Vereinbarungen (en.: Berlin Agreements). You should therefore take the entry into force of the new RUCIP as an opportunity to critically review your company processes regarding these issues and ask yourself, what do I agree to in purchasing? What do I agree to in sales?" At the same time, existing insurance policies should also be reviewed.
He also highlighted the new language regulations. "You should get into the habit of considering in advance what agreements you want to make, for example, which arbitration court you aim to agree on in the contract." If the two parties cannot agree, the language will automatically be English. Any other language preference should therefore be specified in advance. "That is then a question of your negotiating skills. In any case, you should not suddenly find yourself in an arbitration court where a language is proposed that you do not understand at all," Tilmann concluded.
For more information:
Cristina Pohlmann
Deutscher Kartoffelhandelsverband e.V. (DKHV)
Schumannstr. 5, 10117 Berlin
+49 30 166 35 20 50
[email protected]
https://rucip.eu/
