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Milk Supply
Agreements (MSA)
Context and
comparison
2
Context of MSAs
• End of quota regime leaves a vacuum re. volumes of milk
• EU Milk package (now part of CAP)
• Contracts recommended between private processors and
producers to empower producers, give them security of
tenure and rights to negotiate prices + conditions
• Recognition of co-op statutes as providing similar
guarantees
• Irish context
• Need for investment in capacity or other by co-ops
• Need of certainty on volumes
• Forecasting in some cases to ensure matching investment
pace
• Need to reassure customers of security of supplies
3
IFA process re. consultation
• IFA has issued general recommendations for MSA
• Wherever members requested: briefing organised with co-ops
for relevant members of National Dairy Committee and follow
up with specific recommendations
• We do not/cannot substitute to co-op consultation process
• Already done in:
• Kerry
• Dairygold
• Glanbia
• Aurivo
• Lakeland
• To be done in:
• Arrabawn
• Wherever else our members request
Comparison of MSAs
July 2014
(Note, some MSAs still
in development)
5
1 - Duration and notice?
Co-op
Kerry Duration: from effective date (2010) to 31/03/15, then no
less than 5 years. Notice – 5 years. Initial duration = 15 years.
Dairygold Duration – 5 years; Notice – 2 years. Initial duration (ID) 7
years. Co-op must give 5 years notice to farmer.
GIIL Duration – 3 years; Notice – 2 years; ID 5 years. GIIL must
give 5 year notice to non member suppliers
Aurivo Duration – 3 years; Notice – 1 year; ID 4 years
Carbery Share standard, not MSA (West Cork co-ops -> MSA)
Arrabawn Duration – 1 year; Notice – 1 year; ID 1 year
Tipperary Co-op Duration – 1 year; Notice – 1 year; ID 1 year
Lakeland Duration – 3 years; Initial notice – 2 years; ID 5 years. Notice
1 year after ID. Notice can only be given on 1st Jan of any
year after 2018. Co-op has to give farmer 2 years’ notice.
North Cork Co-op Share standard, not MSA
6
2 – Share up? How much?
Co-op
Kerry No
Dairygold 4c/l (0.5c/l over 7 years or until reached)
GIIL No
Aurivo 3c/l (0.5c/l until reached – avg current shareholding 0.6c/l)
Bonus shares don’t qualify. Levy to start from Jul 14.
Carbery Mini 16 shares/1000l on existing; 25 shares/1000l on new
milk post 2015. Equiv to approx 2c/l and 3.12c/l. These are
Carbery shares, not West Cork Co-op shares.
Arrabawn 3c/l (higher when supplies grow by more than 30%)
Tipperary Co-op 3c/l
Lakeland No
North Cork Co-op 2c/l for quota volume + 40%; 4c/l above that. Producers
between 100k and 250k can expand for just 2c/l. 0.5c/l levy
from early 2014 to 2018, no levy when prices <29c/l.
7
3 – Other financial contributions?
Co-op
Kerry No, but no guarantee of milk price after 120% reached.
Dairygold Revolving fund (0.5c/l x 60 monthly payments provided milk
price >27c/l); Loan scheme (optional); Deferred payment of
20% of Apr/Sep milk on growth milk post 2015 – postponed
till 2018
GIIL No
Aurivo Revolving fund 0.5c/l over 50,000l when price >29c/l. 15% of
supplies >250,000l also exempt from RF. Levy to start Jan 15.
Deferred payment of 20% of May/Sep milk on growth milk
post 2015 – to be paid Jan of foll. year
Carbery No, only sharing up
Arrabawn No, only sharing up
Tipperary Co-op No, only sharing up
Lakeland No
North Cork Co-op No, only sharing up
8
4 –Volume restrictions? Forecasts?
Co-op
Kerry 120% of 31/03/15 quotas gets “leading milk price”. No
guarantee above that.
Dairygold No restriction, forecast 3 years ahead +/- 10%. Penalty if
undershoot
GIIL No restriction, forecast 3 years ahead, no consequences
Aurivo No restriction, forecast but no consequences
Carbery MSA with co-ops – not yet developed
Arrabawn No restriction, forecast 12 months, no consequences
Tipperary Co-op No restriction, forecast 12 months, no consequences
Lakeland No restriction, no forecast requirement
North Cork Co-op N/a
9
5 – Specific milk price commitment?
Co-op
Kerry “Leading milk price”, complex formula decided and assessed
by Kerry. No outside scrutiny/benchmarking.
“Leading milk price” not guaranteed for milk >120% of quota.
Dairygold No, as previously to be set by Board
GIIL Minimum 1c/l profit over costs (extending JV commitment)
Aurivo Benchmark against IDB PPI, but no clear formula yet
Carbery No, as previously to be set by Board. Co-op MSAs still
outstanding.
Arrabawn No
Tipperary Co-op No
Lakeland Will endeavour to pay competitive milk price having regard
to market conditions. Will be determined by Board
North Cork Co-op N/a
10
6 –Exclusivity? (all milk to co-op – this is
standard co-op rule provision)
Co-op
Kerry Yes
Dairygold Yes
GIIL Yes. However, allows dual suppliers to continue, but same
proportion of growth milk to GIIL
Aurivo Probably (MSA not available yet)
Carbery n/a – MSA with West Cork Co-ops
Arrabawn Probably (MSA not available yet)
Tipperary Co-op Yes
Lakeland Yes. For dual suppliers, same proportion of growth milk to
Lakeland.
North Cork Co-op As per co-op rules
Note most/all co-ops provide exemption for own use and own processing
11
7 –”Improvements” from consultation?
Co-op
Kerry Some indication of possible flexibility re price above 120%; “leading
milk price” was a long fought for concession.
Dairygold Penalty for non signature abandoned; longer time for sharing up for
farmers whose parents had retained shares;
GIIL Duration/notice periods reduced; price commitment; no compulsion,
but suppliers to be encourage to share up; seasonality penalties
suspended pre-15
Aurivo Higher mini price for RF levy; earlier repayment of deferred payment;
increased level of exempt supplies for RF; later start for RF levy (Jan
15); milk price commitment re. IDB PPI.
Carbery MSAs with co-ops, consultation ongoing
Arrabawn MSA consultation ongoing
Tipperary Co-op Agreement is minimal
Lakeland Shorter duration; no link/obligation to purchase inputs from co-op;
North Cork Co-op Agreement is minimal
12
8 – To sign or not to sign?
• MSAs are desirable in principle, and offer the farmer important
guarantees: greater clarity on volumes to allow farmer and
co-op to invest appropriately, and at the right pace;
improved customer confidence in security of supply; security
of tenure for farmer through commitment by co-op; greater
receptiveness by banks when seeking credit…
• MSAs are coherent with the principles of the EU Milk Package
(measures included in the new CAP to protect farmers and
strengthen their hand in the market)
• Duration/notice: cuts both ways, you commit to supplying for
the period, but the co-op commits to buying your milk
• Some MSA are more challenging as they require financial
contributions: how clear are you about how this will be spent?
How convinced are you of the quality of your co-ops’ plans?
• Failing to sign could exclude you from certain bonuses or
options (e.g. fixed price/margin contracts and seasonality
bonuses in GIIL)
13
9 – To sign or not to sign? You decide!
• Milk price commitment. Apart from GIIL (mini 1c/l profit over
costs as per JV commitment), Kerry (“leading milk price”) and
Aurivo (link to IDB PPI), most MSAs reiterate co-op rules (price
set by board “from time to time”).
• Expecting a specific price level is unrealistic in a volatile
market, except for fixed price contracts.
• However, expecting a commitment from one’s co-op through
better efficiencies, joint investment/co-operation and
marketing to return the maximum price markets allow is
legitimate.
• Ideally, this should also be benchmarked at an ambitious level
and transparently, by reference to an independently
measured but relevant index (PPI, KPMG, LTO…)
• Ultimately: you have nothing to fear from MSAs, but you must
make sure you understand fully what signing or not signing
involves in your co-op.

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Milk Supply Agreements (MSA)

  • 2. 2 Context of MSAs • End of quota regime leaves a vacuum re. volumes of milk • EU Milk package (now part of CAP) • Contracts recommended between private processors and producers to empower producers, give them security of tenure and rights to negotiate prices + conditions • Recognition of co-op statutes as providing similar guarantees • Irish context • Need for investment in capacity or other by co-ops • Need of certainty on volumes • Forecasting in some cases to ensure matching investment pace • Need to reassure customers of security of supplies
  • 3. 3 IFA process re. consultation • IFA has issued general recommendations for MSA • Wherever members requested: briefing organised with co-ops for relevant members of National Dairy Committee and follow up with specific recommendations • We do not/cannot substitute to co-op consultation process • Already done in: • Kerry • Dairygold • Glanbia • Aurivo • Lakeland • To be done in: • Arrabawn • Wherever else our members request
  • 4. Comparison of MSAs July 2014 (Note, some MSAs still in development)
  • 5. 5 1 - Duration and notice? Co-op Kerry Duration: from effective date (2010) to 31/03/15, then no less than 5 years. Notice – 5 years. Initial duration = 15 years. Dairygold Duration – 5 years; Notice – 2 years. Initial duration (ID) 7 years. Co-op must give 5 years notice to farmer. GIIL Duration – 3 years; Notice – 2 years; ID 5 years. GIIL must give 5 year notice to non member suppliers Aurivo Duration – 3 years; Notice – 1 year; ID 4 years Carbery Share standard, not MSA (West Cork co-ops -> MSA) Arrabawn Duration – 1 year; Notice – 1 year; ID 1 year Tipperary Co-op Duration – 1 year; Notice – 1 year; ID 1 year Lakeland Duration – 3 years; Initial notice – 2 years; ID 5 years. Notice 1 year after ID. Notice can only be given on 1st Jan of any year after 2018. Co-op has to give farmer 2 years’ notice. North Cork Co-op Share standard, not MSA
  • 6. 6 2 – Share up? How much? Co-op Kerry No Dairygold 4c/l (0.5c/l over 7 years or until reached) GIIL No Aurivo 3c/l (0.5c/l until reached – avg current shareholding 0.6c/l) Bonus shares don’t qualify. Levy to start from Jul 14. Carbery Mini 16 shares/1000l on existing; 25 shares/1000l on new milk post 2015. Equiv to approx 2c/l and 3.12c/l. These are Carbery shares, not West Cork Co-op shares. Arrabawn 3c/l (higher when supplies grow by more than 30%) Tipperary Co-op 3c/l Lakeland No North Cork Co-op 2c/l for quota volume + 40%; 4c/l above that. Producers between 100k and 250k can expand for just 2c/l. 0.5c/l levy from early 2014 to 2018, no levy when prices <29c/l.
  • 7. 7 3 – Other financial contributions? Co-op Kerry No, but no guarantee of milk price after 120% reached. Dairygold Revolving fund (0.5c/l x 60 monthly payments provided milk price >27c/l); Loan scheme (optional); Deferred payment of 20% of Apr/Sep milk on growth milk post 2015 – postponed till 2018 GIIL No Aurivo Revolving fund 0.5c/l over 50,000l when price >29c/l. 15% of supplies >250,000l also exempt from RF. Levy to start Jan 15. Deferred payment of 20% of May/Sep milk on growth milk post 2015 – to be paid Jan of foll. year Carbery No, only sharing up Arrabawn No, only sharing up Tipperary Co-op No, only sharing up Lakeland No North Cork Co-op No, only sharing up
  • 8. 8 4 –Volume restrictions? Forecasts? Co-op Kerry 120% of 31/03/15 quotas gets “leading milk price”. No guarantee above that. Dairygold No restriction, forecast 3 years ahead +/- 10%. Penalty if undershoot GIIL No restriction, forecast 3 years ahead, no consequences Aurivo No restriction, forecast but no consequences Carbery MSA with co-ops – not yet developed Arrabawn No restriction, forecast 12 months, no consequences Tipperary Co-op No restriction, forecast 12 months, no consequences Lakeland No restriction, no forecast requirement North Cork Co-op N/a
  • 9. 9 5 – Specific milk price commitment? Co-op Kerry “Leading milk price”, complex formula decided and assessed by Kerry. No outside scrutiny/benchmarking. “Leading milk price” not guaranteed for milk >120% of quota. Dairygold No, as previously to be set by Board GIIL Minimum 1c/l profit over costs (extending JV commitment) Aurivo Benchmark against IDB PPI, but no clear formula yet Carbery No, as previously to be set by Board. Co-op MSAs still outstanding. Arrabawn No Tipperary Co-op No Lakeland Will endeavour to pay competitive milk price having regard to market conditions. Will be determined by Board North Cork Co-op N/a
  • 10. 10 6 –Exclusivity? (all milk to co-op – this is standard co-op rule provision) Co-op Kerry Yes Dairygold Yes GIIL Yes. However, allows dual suppliers to continue, but same proportion of growth milk to GIIL Aurivo Probably (MSA not available yet) Carbery n/a – MSA with West Cork Co-ops Arrabawn Probably (MSA not available yet) Tipperary Co-op Yes Lakeland Yes. For dual suppliers, same proportion of growth milk to Lakeland. North Cork Co-op As per co-op rules Note most/all co-ops provide exemption for own use and own processing
  • 11. 11 7 –”Improvements” from consultation? Co-op Kerry Some indication of possible flexibility re price above 120%; “leading milk price” was a long fought for concession. Dairygold Penalty for non signature abandoned; longer time for sharing up for farmers whose parents had retained shares; GIIL Duration/notice periods reduced; price commitment; no compulsion, but suppliers to be encourage to share up; seasonality penalties suspended pre-15 Aurivo Higher mini price for RF levy; earlier repayment of deferred payment; increased level of exempt supplies for RF; later start for RF levy (Jan 15); milk price commitment re. IDB PPI. Carbery MSAs with co-ops, consultation ongoing Arrabawn MSA consultation ongoing Tipperary Co-op Agreement is minimal Lakeland Shorter duration; no link/obligation to purchase inputs from co-op; North Cork Co-op Agreement is minimal
  • 12. 12 8 – To sign or not to sign? • MSAs are desirable in principle, and offer the farmer important guarantees: greater clarity on volumes to allow farmer and co-op to invest appropriately, and at the right pace; improved customer confidence in security of supply; security of tenure for farmer through commitment by co-op; greater receptiveness by banks when seeking credit… • MSAs are coherent with the principles of the EU Milk Package (measures included in the new CAP to protect farmers and strengthen their hand in the market) • Duration/notice: cuts both ways, you commit to supplying for the period, but the co-op commits to buying your milk • Some MSA are more challenging as they require financial contributions: how clear are you about how this will be spent? How convinced are you of the quality of your co-ops’ plans? • Failing to sign could exclude you from certain bonuses or options (e.g. fixed price/margin contracts and seasonality bonuses in GIIL)
  • 13. 13 9 – To sign or not to sign? You decide! • Milk price commitment. Apart from GIIL (mini 1c/l profit over costs as per JV commitment), Kerry (“leading milk price”) and Aurivo (link to IDB PPI), most MSAs reiterate co-op rules (price set by board “from time to time”). • Expecting a specific price level is unrealistic in a volatile market, except for fixed price contracts. • However, expecting a commitment from one’s co-op through better efficiencies, joint investment/co-operation and marketing to return the maximum price markets allow is legitimate. • Ideally, this should also be benchmarked at an ambitious level and transparently, by reference to an independently measured but relevant index (PPI, KPMG, LTO…) • Ultimately: you have nothing to fear from MSAs, but you must make sure you understand fully what signing or not signing involves in your co-op.