Displaying items by tag: Regulations
Cementi Tojik disbands and shuts Dushanbe cement plant
02 January 2024Tajikistan: Cementi Tojik announced the closure of the 1.1Mt/yr Dushanbe cement plant and its disbandment as a company on 26 December 2023. Asia-PLUS News has reported the reason for the company’s departure from the industry as a government regulation issued in mid-2023, which ordered the closure of the plant due to ‘serious’ emissions violations.
European Union eases up on sustainable packaging
23 November 2023Europe: The European Parliament voted in favour of multiple amendments to the European Commission’s Packaging and Packaging Waste Regulation (PPWR) on 22 November 2023. The amendments remove, modify or make non-binding the PPWR’s 2040 reuse targets. Meanwhile, 2030 targets were made adjustable to recycling rates. Total packaging volumes are still required to drop by 5% by 2030 and by 15% by 2040 in each member state.
Sustainability lobbying organisation Environmental Coalition on Standards (ECOS) described the introduction of recycling rates into a lower schema of waste targets as ‘comparing apples with pears.’ ECOS attributed the amendments to a ‘barrage’ of false claims, scaremongering and lobbying from industry players.
ECOS programme manager Mathias Falkenberg said “This decision will not sufficiently address rising plastic and packaging waste or the pollution crisis. The European Parliament has just weakened a perfectly feasible solution to tackle throwaway culture without offering an alternative. It is very frustrating that the European Commission’s progressive prevention and reuse agenda has not received full support from the Parliament today.”
ECOS founded the Alliance for Low-Carbon Cement & Concrete (ALCCC), an association of companies focused on alternative building materials production, in May 2023.
EU prohibits products’ climate claims based on offsetting
20 September 2023Europe: The Environmental Coalition on Standards (ECOS) has welcomed the EU’s new Empowering Consumers Directive. Under the directive, EU member states must enact laws preventing companies from labelling their products with climate claims based on offsetting. ECOS called the law a ‘significant measure against greenwashing.’ It called on the EU to further ensure that products neither rely on carbon credits, nor on contributions to sustainability projects, in calculating their impacts.
ECOS programme manager Elisa Martellucci said “The EU has taken aim at greenwashing. Climate neutrality claims based only on carbon offsetting are ambiguous and misleading for consumers because they are not linked to concrete efforts to combat the climate crisis. Instead, they rely on flawed carbon accounting practices that ‘write off’ greenhouse gas emissions. The amazing carbon emissions vanishing act is many companies’ dream – but emissions do not magically disappear. Policymakers have taken a strong stance against this deceptive practice.”
New emissions taxes hit Hungary’s cement industry
23 August 2023The Hungarian government recently enacted Emergency Decree 320/2023, taxing all CO2 emissions from the country’s 40 or so largest industrial enterprises. The government used emergency powers to set up a new taxation scheme, which undercuts existing free allowances under the EU emissions trading scheme (ETS). The scheme additionally penalises the trade in ETS credits. Cement producers announced that the new regulations will make it impossible for them to keep operating.1
With regard to Hungary’s six active cement plants, the scheme comprises:
1 – A Euro20/t tax on CO2 emissions, effective retroactively from 1 January 2023, payable by any large enterprise that uses EU Emissions Trading Scheme (ETS) free allowances to cover the majority of its CO2 emissions. Plants that decrease their production, or that carry on non-CO2-emitting activities at over 10% of their operations, will pay a higher rate of Euro40/t of CO2.
2 – A 10% transaction fee for the sale of free allocations under the EU ETS, payable to the Hungarian Climate Protection Authority.
Less than three years ahead of full implementation of the EU carbon border adjustment mechanism (CBAM), the Hungarian government has seemingly moved unilaterally against cement production – this in a country surrounded by seven other cement-producing countries. Multiple foreign cement producers connected to the major market of Budapest by rail, river and road will be watching developments with interest. These include CRH, which, besides two smaller plants inside Hungary, operates the 800,000t/yr Cementáreň Turňa nad Bodvou plant, immediately over the border in Slovakia.
This comes at a time when the domestic cement industry is facing historically high costs and low demand, with a 30% year-on-year decline in construction activity in July 2023, following double-digit inflation throughout 2022 and the first half of 2023.
Catastrophising may be a common symptom of environmental regulation in industry associations, but one can understand on this occasion. The Hungarian cement and lime industry association, CeMBeton, backed its members’ gloomy announcement about their future with an estimate for extra annual taxes of ‘several billion forints’ (1bn forint = US$2.84m), in a statement following the decree. Assuming annual CO2 emissions of 565kg/t across its 5.4Mt/yr cement capacity, the sector might expect to pay US$61m/yr in CO2 rates alone.2, 3 According to analyst ClearBlue, the government will raise additional tax revenues worth US$278m/yr across all of the 40 aforementioned heavy emitters in Hungary.4
It may seem surprising that CeMBeton did not even draw up a projected tax bill during consultations over the new tax scheme – but, in fact, no such consultations took place. In its most recent statement, the association said “We do not know the government’s intentions.” Outside of official releases, Hungary’s cement producers have not always been so reserved about the government’s perceived aim.
Global Cement reported in April 2023 that the Hungarian government was allegedly interfering in the cement sector to make producers sell up – as per accusations by an anonymous industry executive.5 There is arguably a course of action on the government’s part which, more or less, appears consistent with this aim:
October 2020 – The Hungarian Competition Authority (GVH) starts competition supervision proceedings against CRH, Duna-Dráva Cement and Lafarge Cement Magyarország.
July 2021 – Emergency Decree 2021/404 imposes a 90% tax on producers’ ‘excess’ profits, based on threshold cement sales revenues of Euro56/t. Additionally, producers must report their exports.
September 2021 – GVH finds insufficient evidence to support the initiation of competition supervisory proceedings in the cement industry.
January 2023 – (Retroactive) entry into force of CO2 emissions tax.
May 2023 – The government of Hungary reportedly initiates negotiations to acquire Duna Dráva Cement and Holcim Magyarország, according to the Hungarian builders’ association, National Professional Association of Construction Contractors (ÉVOSZ). Duna Dráva Cement owners Heidelberg Materials and Schwenk Zement state that they have entered into no such negotiations, while Holcim declines to comment.
July 2023 – The Act on Hungarian Architecture lets the government dictate producers' volumes and prices and require them to supply cement to National Building Materials Stores (a proposed state-owned construction materials retail monopoly).6 Additionally, the government gains a right of first refusal over the divestment of any asset by the cement industry’s foreign owners.
20 July 2023 – The government enacts Emergency Decree 320/2023. ETS transaction fees enter into force.
The government can now expect a legal challenge to its latest move. CeMBeton’s first ally may be the font of all emissions legislation – the EU itself. Within the EU ETS framework, tax rates are down to member states to determine. However, the introduction of a transaction fee may constitute an illegal restriction to free allowances, OPIS News has reported. The association has also indicated its readiness to mount a constitutional challenge, specifically with regard to the legislative retrofit involved in the CO2 emissions tax. The Fundamental Law of Hungary does not generally permit legislation to apply retroactively, though how courts will balance this consideration against the rights of the government is untested.
The government amended the constitution to provide for new emergency powers, and subsequently adopted them in May 2022, in response to the ‘state of danger’ created by Russia’s war in Ukraine – though its actions on the international stage suggest careful neutrality, if not ambivalence. At home, the war has brought a consolidation of the government’s control over various areas of life, including the economy, according to Human Rights Watch.7
Climate protestors around the world might be glad to see governments wield emergency powers against their own heavy industries. In Hungary, however, the wider sustainability goals are not yet clear with regard to a policy that seems, at least partly, politically motivated.
References
1. CeMBeton, Sajtónyilatkozat, 21 August 2023, https://www.cembeton.hu/hirlevel/2023-08-21/202308-mozgalmas-osz-ele-nezunk/116/sajtonyilatkozat/668
2. Heidelberg Materials, ‘Energy and climate protection,’ 2022, https://www.heidelbergmaterials.com/en/energy-and-climate-protection
3. Global Cement, Global Cement Directory 2023, https://www.globalcement.com/directory
4. OPIS News, ‘Hungary's New Carbon Tax Unlikely to Set EU Precedent, Say Analysts,’ 16 August 2023
5. Global Cement, 'Update on Hungary,' April 2023, https://www.globalcement.com/news/item/15572-update-on-hungary-april-2023#:~:text=Heidelberg%20Materials'%20subsidiary%20Duna%2DDr%C3%A1va,the%20country's%20active%20national%20capacity.
6. Daily News Hungary, ‘Hungarian government’s new nationalising plan could violate EU law,’ 27 February 2023, https://dailynewshungary.com/hungarian-govts-new-nationalizing-plan-could-violate-eu-law/
7. Human Rights Watch, ‘Hungary’s New 'State of Danger',’ 8 June 2022, https://www.hrw.org/news/2022/06/08/hungarys-new-state-danger
Israeli Ministry of Environmental Protection orders Nesher-Israel Cement Enterprises to reduce Ramle cement plant's emissions
07 August 2023Israel: Nesher-Israel Cement Enterprises has received an order from the Ministry of Environmental Protection to reduce emissions from its Ramle cement plant. BALLEG News has reported that the plant violated pollution rules over non-focal emissions and particle emissions values. Nesher-Israel Cement Enterprises also reportedly failed to submit data about defects, malfunctions and abnormal emissions, following 'several incidents.'
The producer previously paid a US$1.64m pollution fine in August 2022.
Vietnam government issues directive over management of state assets in the construction industry
28 July 2023Vietnam: The government has directed state-owned businesses, including Vietnam Cement Industry Corporation (Vicem), to take measures to mitigate potential losses of state assets in construction. The Vietnam Investment Review newspaper has reported that a recent audit concluded that companies' equitisation processes created scope for such losses within the sector.
Indonesia: The Indonesian cement industry produced 29.3Mt of cement during the first half of 2023. This corresponds to a utilisation rate of 51% across an installed national capacity of 116Mt/yr. Throughout 2022, the industry produced 64Mt of cement and recorded a utilisation rate of 55%. Local capacity utilisation levels in the first half of 2023 were as low as 45% in some regions. Only Bali-Nusa Tenggara Region and Maluku-Papua Region did not suffer from overcapacity. National demand was 28Mt in the first half of 2023 and 63Mt throughout 2022. Meanwhile, first-half exports rose by 12% year-on-year in opening six months of 2023.
Indonesia Government News has reported that the Ministry of Industry has instigated a moratorium on investments in the construction of new cement capacity. Director general Ignatius Warsito said "These efforts can provide legal certainty for cement industry players in the country, as well as support competitiveness." Warsito noted the health of Indonesia's existing export markets for cement, but noted the uncertainty of the industry's coal supply and its price. Coal currently accounts for 40% of Indonesian cement's fuel consumption by value.
Shree Cement denies US$2.8bn tax fraud
26 June 2023India: Shree Cement has rejected findings by the government's Income Tax Department of tax fraud worth US$2.8bn. NDTV News has reported that the producer's alleged financial mismanagement resulted in losses of up to US$170m/yr for national and state governments. The mismanagement reportedly included the use of forged documents. Authorities conducted a second set of searches at company sites in Rajasthan during the week ending on 25 June 2023, following preliminary searches on 21 June 2023.
Shree Cement said "The company's management team is available and extending full cooperation to the officials. The information as required by the officials is being made available."
India: Local people have launched a protest outside Wonder Cement's Kherwas grinding plant in Madhya Pradesh. The Free Press Journal has reported that the protestors are requesting that the company provide more jobs to people from the plant's host community. They stated their intent in memoranda submitted to the plant management and the local government. Local rules require companies operating plants in the area to appoint applicants from the local community to 75% of plant jobs.
Wonder Cement is a subsidiary of Rajasthan-based RK Group.
India: The municipal corporation of Kolkata, West Bengal, has enacted regulations requiring landowners to send construction waste from projects on their property to construction and demolition waste recycling facilities. The Telegraph newspaper has reported that the new regulations apply to all construction, demolition and repairs work on plots of land larger than 0.24 hectares. The city authorities have built a 183,000t/yr recycling plant in New Town, Greater Kolkata, to support the increased volumes.