Displaying items by tag: Slovakia

The 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

Ukraine: Buzzi has agreed to sell its business in Ukraine to Ireland-based CRH for US$109m. The assets additionally include Buzzi’s Slovakian ready-mix concrete business. The Ukrainian business is comprised of the 2Mt/yr Volyn cement plant and 1Mt/yr Nikolajev cement plants, as well as ready-mix concrete operations in Kiev, Nikolajev and Odessa.

Italy-based Buzzi retains its operations in Russia, including the 3.6Mt/yr Suchoi Log cement plant in Irkutsk Oblast and the 700,000t/yr Korkino cement plant in Chelyabinsk Oblast.

Philippines: The Department of Trade and Industry (DTI) has issued an order amending its previous order on cement safeguards. The Manila Bulletin newspaper has reported that the amendment extends safeguard measures to 13 new countries which now exceed the necessary 3% import volume share. These are Chile, the Czech Republic, Estonia, Hungary, Israel, Indonesia, Latvia, Lithuania, Poland, Slovenia, Slovakia and South Korea. Imported cement from these countries will now face a safeguard duty of US$0.2/bag. An official source quoted by the newspaper called the surge in importation from these countries "trade diversion" tactics by importers since these countries were previously exempt from the safeguard duty.

Czech Republic: Domestic cement production was 4.57Mt in 2019, up by 3.2% year-on-year from 4.43Mt in 2018. CTK Business News has reported a corresponding increase in domestic sales, up by 1.5% to 3.84Mt from 3.78Mt, and exports, up by 1.9% to 761,000t from 747,000t. Slovakia received 380,000t (50%), Germany received 221,000t (29%), Austria received 114,000t (15%) and Poland received 68,500t (9%). Imports fell by 15% to 490,000t, of which Slovakia supplied 245,000t (50%), Poland supplied 122,000t (25%), Germany supplied 98,000t (20%) and Austria supplied 39,200t (8%).

Italy: Buzzi Unicem sales revenue grew by 13.6% year-on-year to Euro1.52bn in the first half of 2019 from Euro$1.34bn in the same period in 2019. Its net profit rose by 27% to Euro135m from Euro123m. Its cement sales volumes increased by 7.1% to 13.9Mt from 12.9Mt but ready-mixed concrete sales fell slightly to 5.8Mm³.

The building materials producer said that ‘lively’ activity levels in the US had driven its sales so far in 2019. This was mainly caused by falling imports in the face of weak domestic demand and ‘considerable production and logistical difficulties’ in June 2019 caused by flooding of the Mississippi river. A slight recovery in Italy was also noted with growing cement sales volumes and strengthening prices. Elsewhere, growth was recorded in most territories apart from Luxembourg, the Czech Republic and Slovakia.

US/Europe: US refractory manufacturer Plibrico has entered into a distribution partnership with the Pli Group Europe, a refractory distributor contractor based in Vienna, Austria. Under the new alliance, Pli Group Europe will provide full-service distribution of Plibrico’s Plico brand refractories in Austria, France, Germany, Switzerland, Italy, Hungary, Czech Republic, Slovakia, Slovenia, Croatia, Serbia and Bulgaria, with immediate effect.

“Adding Pli Group Europe to our ranks of Pli Partners allows Plibrico to reinforce its expertise, enhance its service offering and strengthen the value chain offered to customers throughout Europe,” said Brad Taylor, president and chief executive officer (CEO) of Plibrico.

Czech Republic: Cement Hranice’s cement sales rose by nearly 9% year-on-year in 2017 due to despatches to fellow subsidiaries of Buzzi Unicem in the Czech Republic and Slovakia. Its overall sales rose by 6.3% to Euro61.5m from Euro57.9m, according to the Czech News Agency. Board member Roman Michalcik said that the local construction sector had grown in 2017 due to good weather towards the end of the period and large local infrastructure projects.

Switzerland: LafargeHolcim and employee representatives in Europe have established a new European Works Council (EWC). The forum for consultation and dialogue at a transnational level will bring together worker representatives from 19 countries with senior leaders from LafargeHolcim.

“People are essential to the success of LafargeHolcim and our commitment to social dialogue through the new European Works Council is testament to this. During a period of transformation, we recognise that ensuring the full commitment, mobilisation, and engagement of our employees is a key building block for success,” said Eric Olsen, chief executive officer of LafargeHolcim.

The EWC was established based on an agreement signed by Olsen and Executive Committee members Caroline Luscombe, responsible for Organisation and Human Resources and Roland Köhler, responsible for Europe, Australia / New Zealand and Trading as well as Sam Hägglund, General Secretary of the European Federation of Building and Woodworkers EFBWW, among other management and employee representatives. Chaired by Köhler, the EWC replaces the previous European Works Councils. Countries represented in the EWC include Austria, Belgium, Bulgaria, Croatia, Czech Republic, France, Germany, Greece, Hungary, Italy, the Netherlands, Norway, Poland, Romania, Slovakia, Slovenia, Spain, Switzerland and the UK.

Europe: CRH has been approved by the European Commission as a purchaser of assets in the European Union from Lafarge and Holcim. CRH has also received from the European Commission the clearance for the acquisition of these assets. These divestments remain subject to the completion of the merger between Lafarge and Holcim, including a successful public exchange offering to Lafarge's shareholders and approval by Holcim's shareholders.

In France Holcim and Lafarge are divesting all of Holcim's assets, except for its Altkirch cement plant and aggregates and ready-mix sites in the Haut-Rhin region, and a grinding station of Lafarge in Saint-Nazaire. Lafarge's assets on Reunion island are being sold except for its shareholding in Ciments de Bourbon. All of Lafarge's assets are also being sold in Germany and Romania. Lafarge Tarmac assets in the UK are being sold with the exception of its Cauldon and Cookstown plants and certain associated assets. In Hungary all of Holcim's operating assets are being divested and it is selling its assets in Slovakia.

Czech Republic/Slovakia: The sale of Holcim's operations in the Czech Republic and Slovakia has prompted a series of management changes to Cemex's operations in those countries.

Hermann Dietrich has been appointed as Cemex's vice president for strategic planning in the Czech Republic and Slovakia. Henning Weber has become the vice president for operation and technology at the cement division, Mariusz Kostowski has been named as the trade and logistics director with the cement division and Justus Geiseler has been appointed as the BSO director. Lubos Merunka and Hana Fidrova, who have been named as the head of the stone aggregate division and the company lawyer respectively, both came to Cemex from Holcim after the asset handover.

Cemex's general director in the Czech Republic and Slovakia, Peter Dajko, has stated that the company is not planning any additional personnel changes in the foreseeable future.