Report of Expert Committee on Integration of Commodity Spot and Derivatives Markets
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Report of Expert Committee on Integration of Commodity Spot and Derivatives Markets Department of Economic Affairs Ministry of Finance Government of India New Delhi February 2018 Table of Contents FOREWORD ............................................................................................................... 3 LETTER OF TRANSMITTAL.................................................................................. 4 BACKGROUND ........................................................................................................ 6 PROCEEDINGS OF THE COMMITTEE AND CONSTITUTION OF GROUPS ...................................................................................................................... 8 ACKNOWLEDGEMENTS ..................................................................................... 11 EXECUTIVE SUMMARY ....................................................................................... 14 1. COMMODITIES MARKET ........................................................................... 20 Agricultural commodities ................................................................................... 25 Non-agricultural commodities ........................................................................... 27 Derivatives market ............................................................................................... 29 2. ELECTRONIC SPOT MARKET PLATFORM ............................................ 31 Benefits and advantages ..................................................................................... 32 Key operative principles ..................................................................................... 34 Challenges ............................................................................................................. 35 Issues in regulating commodity spot exchanges ............................................ 38 Possible models of regulating electronic spot market trading platforms / spot exchanges for commodities........................................................................ 38 e-NAM trading platform in Agriculture Sector ............................................. 40 3. CHALLENGES, SUGGESTIONS FOR INTEGRATION OF SPOT AND DERIVATIVES MARKETS ................................................................................... 43 4. ROADMAP AND ACTION PLAN FOR INTEGRATION OF SPOT AND DERIVATIVES MARKETS ........................................................................ 47 ABBREVIATIONS ................................................................................................... 65 Annexure 1: Report of the Group on Agricultural Commodities .................. 66 Annexure 2: Report of the Group on Non-Agricultural Commodities ...... 203 2 FOREWORD It gives me immense pleasure to submit the Report of the Expert Committee on Integration of Commodity Spot and Derivatives Markets. With increasing commercialization in the space of commodities, marketing reforms become imperative to align the transaction avenues of commodities with changing demands of consumers, traders, processors and other value chain participants. The Committee has gainfully used the rich experience of its members to debate concurrent policy issues related to integration of spot and derivatives markets like spot exchanges for commodities, and to suggest ways to strengthen the existing institutions regulating the physical markets, which tend to be more segmented vis-a-vis derivative markets. However, the ultimate test of recommendations of the Committee would be confidence it inspires among the stakeholders and its applicability, as seen by the policy makers. Finally, I must place on record the sincere efforts of Dr. Shashank Saksena, Adviser, Dept. of Economic Affairs and Member–Secretary of the Committee and Ms. Leena Kumar, Assistant Director (Commodity Derivatives), Dept. of Economic Affairs for providing very effective coordinating support and Sh. SK Mohanty, Executive Director, SEBI and Sh. Vikas Sukhwal, DGM, SEBI for providing excellent research assistance to the Committee. I would also like to acknowledge the contribution of Dr. R. Amalorpavanathan, Dy MD, NABARD and Sh. SK Mohanty in preparing the report on Agricultural Commodities and Non Agricultural Commodities, respectively. Prof. Ramesh Chand Chairman, Expert Committee and Member – NITI Aayog 3 LETTER OF TRANSMITTAL Dated the 12th February 2018 Shri Arun Jaitely Hon’ble Finance Minister Ministry of Finance Government of India North Block New Delhi – 110001 Subject: Report of Expert Committee on Integration of Commodity Spot and Derivatives Markets Respected Sir Pursuant to Union Budget Announcement 2017-18, the Department of Economic Affairs, Ministry of Finance had set up an Expert Committee in June 2017 to study and promote creation of an operational and legal framework to integrate spot market and derivatives market for commodities trading. We are pleased to submit the Report of the Expert Committee on Integration of Commodity Spot and Derivatives Markets. With kind regards Dr. Shashank Saksena Sh. S K Mohanty Sh. P K Swain* Member-Secretary Executive Director, SEBI Joint Secretary (Marketing) Adviser, Dept. of Economic Department of Agriculture Affairs Cooperation and Farmers’ Welfare Sh. Nilambuj Sharan Sh. Santosh Kumar Sarangi Sh. A K Choudhary Economic Adviser Joint Secretary (Export Economic Adviser Department of Food and Promotion- Agri) Department of Consumer Public Distribution Department of Commerce Affairs 4 Dr. R.J.R. Kasibhatla Sh. R. Amalorpavanathan Dr. B Pattanaik Deputy Legal Adviser Deputy Managing Director, Member, WDRA Department of Legal Affairs NABARD Sh. T. Rabi Sankar Chief General Manager, RBI Sh. Bijay Kumar Sh. Chandrashekhar Principal Secretary Vashistha (Agriculture & Marketing), Addl. Director (State Agricultural Marketing Govt. of Maharashtra Board), Govt. of Madhya Pradesh Dr. Kirit N. Shelat Dr. Abhinav Trikha@ Sh. S. Sivakumar Retd.IAS, Special Secretary Vice Chairman(ITC Executive Chairman (Expenditure), Infotech India Ltd.) (National Council for Govt. of Punjab Subject Expert as Non- Climate Change, Official Member Sustainable Development and Public Leadership) Subject Expert as Non- Official Member *Dr. Alka Bhargava, former Joint Secretary (Marketing) was the previous representative of DAC&FW #Sh. Manoj Ahuja, former Principal Secretary (Agriculture and Farmers' Empowerment Department) was the previous representative of Govt. of Odisha @Sh. Rajat Agarwal, former Special Secretary (Expenditure) was the previous representative of Govt. of Punjab. 5 BACKGROUND 1. While presenting the Union Budget for the financial year 2017-18, in his budget speech the Hon’ble Finance Minister made following announcement: “The Commodities markets require further reforms for the benefits of farmers. An expert committee will be constituted to study and promote creation of an operational and legal framework to integrate spot market and derivatives market for commodities trading. e-NAM would be an integral part of such framework.” 2. In pursuance thereof, the Government of India (GoI) set up an Expert Committee under the Chairmanship of Prof. Ramesh Chand, Member, NITI Aayog with the following terms of reference (ToR): Better price realization for farmers by creating liquid and transparent spot as well as derivatives markets. Better access for farmers and businesses to agricultural goods and services across India. Empowerment of farmers with knowledge, information and capability to undertake market-driven production. Improved efficiency, competitiveness, supporting infrastructure and strong Institutional mechanism by integrating spot with commodity derivatives markets. Recommend measures to achieve operationally seamless interconnectedness between fragmented physical commodity markets / commodity exchanges / electronic platforms, the supporting infrastructure, institutions and the various participants. Development of regulated electronic spot exchanges both for agricultural and non-agricultural commodities like gold, silver, base metals, energy products for better price discovery and disseminating reference prices for derivatives markets, Ease of doing business in the commodities market and related areas in the country. Any other matter that government may specify or the Committee considers relevant in this regard. 3. To sum up, the mandate of the Expert Committee was to examine the legal, technical and operational aspects of the commodity spot and derivatives markets with a view to eliminate the gaps and overlaps that 6 exist between these two markets and recommend requisite measures for achieving the desired integration between the commodity spot and derivatives markets in India. 4. The Expert Committee constituted by the Government comprises two external experts and representatives from various Departments of GoI, State Governments and regulatory organizations as listed out below : Department of Agriculture Cooperation and Farmers’ Welfare Department of Commerce Department of Consumer Affairs Department of Economic Affairs Department of Food and Public distribution Department of Legal Affairs Government of Gujarat , Karnataka, Madhya Pradesh, Maharashtra, Odisha and Punjab National Bank for Agriculture and Rural Development (NABARD) Reserve Bank of India (RBI) Securities and Exchange Board of India (SEBI) Warehousing Development and Regulatory Authority (WDRA) 7 PROCEEDINGS OF THE COMMITTEE AND CONSTITUTION OF GROUPS 1. In the first meeting held on August 02, 2017, the members