EU Sugar Producers and Financial Market Regulation

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EU Sugar Producers and Financial Market Regulation Presentation to the Expert Group on agricultural commodity derivatives and spot markets 3rd October 2013 Norbert Dülks, Corporate Risk Manager Südzucker AG Comité Européen des Fabricants de Sucre Representing EU Sugar Manufacturers in the EU and Switzerland since 1953

Introduction About CEFS About Südzucker About Sugar Sugar Markets Overview The World Market of Sugar The EU Sugar Market Futures Markets for Sugar Financial Market Regulation Risk Management Applications of Financial Instruments Implications of Regulation 2

The European Sugar Industry CEFS represents the activities of European sugar manufacturers and refiners (approx 60 companies across 20 Member States). Beet sugar is produced in 19 Member States by 109 factories (supporting 180,000 indirect and direct jobs and 170,000 beet growers). 3 European produced sugar guarantees secure sugar supplies at reasonable prices for European consumers.

About Südzucker Group Sugar beet growers are major shareholders 17,900 employees 7.9 billion annual revenues Sugar production: 4.9 million mt Leader in the European sugar market Member of the German MDAX More than 175 years of tradition 4 1. The Südzucker Group Contents

Südzucker Group: Segment Overview 29 sugar factories and 3 refineries in the EU, Bosnia-Herzegovina, and Moldova BENEO Functional food ingredients Freiberger Frozen & chilled Pizza PortionPack Europe Bioethanol 4 production sites in Germany, UK Belgium and France Fruit preparations Fruit juice concentrates 41 production sites worldwide Starch Sugar segment Special products segment CropEnergies segment Fruit segment 5 1. The Südzucker Group Contents

About Sugar Raw Material Worldwide sugar production is 175 M mt. 80% comes from sugar cane and 20% from sugar beets. White sugar produced from beet or cane is the same. The predominant commodity traded on the world market is semi-finished cane based raw sugar. 6

7 About Sugar Sugar Production Process

8 The World Market of Sugar

The World Market of Sugar Global sugar production about 175 M mt The largest sugar producers are Brazil, India, EU, China, Thailand, USA, Mexico The largest sugar consumers are India, EU, China, Brazil, USA, Russia, Indonesia Global sugar trade about 53 M mt 9 Source: USDA 2013, Rabobank

Sugar Deficit and Excess Countries 10 Source: LMC International

Top Global Sugar Exporters Thailand 14% Brazil 50% Australia 6% Mexico 3% Guatemala 3% UAE 1% India 1% EU-27 3% Colombia 1% Cuba 1% Other 17% 11 Source: USDA 2013

Sugar Market Regulation Regulation and support measures in all important sugar markets around the world (importing and exporting countries) 12 Source: LMC International

Exports in M mt raw value (2012/13) The World Market of Sugar Top 10 Global Sugar Exporters 29,30 Markets regulated by Sugar Market Organizations, Import tariffs, Sales programs, etc. 8,50 3,40 1,66 1,61 1,50 0,88 0,85 0,75 0,60 Brazil Thailand Australia Guatemala Mexico EU-27 Colombia Cuba UAE India 13 Source: USDA, LM C International

Causes of Volatility in the Sugar Market Nature of agricultural commodities: Long planning-production-sales cycles cycle of sugar much longer than most other agricultural commodities (beet sugar: up to 30 months) Lagged supply response Low elasticity of demand (aggravated by biofuels) Stock ratios So prices need to react strongly to restore equilibrium Shocks: Natural, financial, energy, political, Interdependencies: Ethanol, Energy, Sugar is historically one of the most volatile soft commodities Volatility is the reason for regulation and vice versa 14

Causes of Volatility in the Sugar Market Planning-production-sales cycle (sugar beet): Decision: summer 2013 (wheat or beet) Sowing: spring 2014 Yield: summer/ autumn 2014 Processing: until January 2015 Sale: until end 2015 Total: 2.5 years between decision and last sale of sugar Sugar cane: Perennial plant First yield between 9 to 24 months after planting Sugar cane can be harvested up to 8 times 15

Market Diagram Price Demand Supply during drought Market Price Supply Market Price Quantity A small change in quantity leads to a large change in market price 16

Sugar Market Volatility Extreme price movements occur always on the upside 17

The EU Sugar Market The Common Market Organisation (CMO) EU sugar consumption: 18 M mt 18 Status Quo (since 2006): Quota system with minimum beet prices Minimum beet price of 26,29 /mt Reference price for white sugar of 404 /mt Production covers roughly 85% of EU consumption (quota) Limited production of isoglucose under quotas Additional measures/ import tenders possible External protection Imports from ACP/LDC without tariffs Additional tariff-free imports from countries with FTAs (Peru, Costa Rica ) TRQ/ CXL: Imports with preferential duty (98 /mt) for limited quantity Tariffs for raw (339 /mt) and white sugar (419 /mt) Export limited to 1.35 M mt/year (WTO ceiling)

The EU Sugar Market The Common Market Organisation (CMO) What will change after 30th Sept 2017: Quota system will end in 2017 No more minimum beet price Consequences: Volatility of quantities causes volatility of prices for beets and sugar Markets for isoglucose and sugar will have to rebalance leading to a potential surplus of sugar in Europe Stronger dependence on world market developments Export limitation is expected to end General framework (crisis mechanism) needs to be realised 19

Futures Markets for Sugar Futures markets address price volatility and not quantitative volatility Futures markets are necessary to hedge price volatility As domestic sugar markets are heavily regulated around the world there are futures for both domestic and world markets Domestic futures markets cover local price developments 20

Futures Markets for Sugar Global sugar trade about 53 M mt World market futures USA: ICE Sugar No. 11 Raw cane sugar delivered to 30 locations around the world where cane sugar is produced Open Interest about 74% of world trade (39 of 53 M mt) EU: Nyse Liffe Sugar No. 5 White sugar delivered to 41 locations around the world where white sugar is produced Open Interest about 7% of world trade (3.5 of 53 M mt) 21 Sources: Rabobank, ICE, NYSE EURONEXT

Futures Markets for Sugar Futures for domestic markets USA: ICE Sugar No. 16 Raw cane sugar delivered to 5 locations in the US all duties paid Open Interest about 7% of total US sugar production (16% of cane sugar) (0.56 out of 8.2 M mt) China: Zhengzhou Commodity Exchange White sugar delivered into exchange-appointed delivery warehouses Open Interest about 50% of Chinese sugar production (7 out of 14 M mt) India: National Commodity and Derivatives Exchange White sugar delivered into exchange-appointed delivery warehouses Open Interest about 2% of Indian sugar production (0.62 out of 27.4 M mt) 22 Sources: USDA, ICE, CZCE, NCDEX

Financial Market Regulation Preliminary Remarks Sugar companies are affected by financial market regulation like any other company in respect of managing financial risks (liquidity, interest rates, FX, asset management, ) Sugar companies use commodity markets (spot and derivatives) on procurement and on sales side Use of sugar derivatives: Raw sugar procurement for sugar refineries Export of white sugar on world market Total EU sugar production (2012) Export White sugar futures for hedging (estd.) : 17 M mt : 1.35 M mt : 0.25 M mt 23

Risk Management Financial Risks Südzucker Group Market Price Risks Commodities Risks 24 Interest rates Long term Short term Foreign Exchange Financing/Investment Operational: Purchase and sale of goods and services in foreign currency Raw materials Sugar beets Raw sugar Grains Energy Hard Coal, Brown Coal Nat Gas, Oil CO 2 End products Sugar EU & World Market Ethanol Starch

Applications of Financial Instruments Use of Derivatives: Financial underlyings FX forwards (OTC) IRS, Cross-currency Swaps (OTC) Commodities Energy Swaps, CO 2 (OTC) Wheat futures Corn futures Raw sugar futures White sugar futures 25

Financial Market Regulation Südzucker AG s risk policy has always been that the use of derivatives for speculation purposes is strictly forbidden. Their application is limited to hedge operations. We are not part of the casino! 26

MiFID II/ MiFIR Financial Market Regulation Implications for Sugar Producing Companies Position limits Exemption for positions for hedging purposes Positions of sugar producers can be quite large relative to total Open Interest Definition of Financial Instruments Commercial contracts can have a lot in common with derivatives. They should not be treated as financial instruments This will be increasingly important when the CMO changes in 2017 Are commercially motivated FX-forwards Financial Instruments? (At least not in the UK - FCA) 27

Financial Market Regulation Implications for Sugar Producing Companies EMIR administrative burden Clearing obligation for Non-Financial Counterparties Does anybody know more than 10 NFC+ in Europe? (BaFin: Germany none) But each company in Europe being counterparty in a derivatives transaction needs a process to check thresholds (hundreds of thousands of companies) Intragroup transactions should be out of scope Clearing obligation Reporting Clearing threshold double/ triple counting! General reporting obligation for NFC- unnecessary (e.g. Dodd-Frank) EMIR regulation on company level Risk mitigation techniques Implementation legislation mandatory external audition 28

MAD/ MAR Financial Market Regulation Implications for Sugar Producing Companies Art. 6, 7 and 9: Prohibition of insider dealing As designed today MAR could prevent hedging of market price risks if sugar producers cannot act on derivatives markets using commercial information Sugar companies have a presence in many locations around the world and gather public as well as non-public information from their normal commercial activity. This information should not be considered as inside information. 29 Südzucker Group: Global presence

Financial Market Regulation Concluding Remarks 30 Market regulation for financial companies is necessary and valuable To improve market transparency, reduce counterparty risk, systemic risk and risk of market abuse Volumes of companies from the real economy are insignificant for financial markets Implementation of EMIR regulation should be adapted to Non-Financial Companies Regulation creates new hubs of information Details about each market participants derivatives positions are concentrated in a few Trade Repositories. Data security of Trade Repositories is crucial information leakage can ruin in particular financial companies.

31