Displaying items by tag: Tax
Update on construction and demolition waste, October 2023
25 October 2023Cementos Molins has been celebrating the first anniversary this week of its alternative raw materials unit at its Sant Vicenç dels Horts plant near Barcelona. It has processed 75,000t of waste since September 2022 when the site started up. More is yet to come as the unit has a production capacity of up to 200,000t/yr. The facility receives waste in coarse, granular, powder and sludge formats. Waste from concrete plants is crushed and screened to produce recycled aggregate. Industrial and construction waste is dosed and homogenised to produce alternative raw materials for cement production.
Global Cement Weekly has covered construction and demolition waste (CDW) a couple of times already so far in 2023. A number of cement producers are investing in the sector - including Holcim, Heidelberg Materials, CRH, Cemex – by developing technology, buying up other companies, setting up internal CDW divisions and so on. Holcim and Heidelberg Materials have been the more obviously active participants over the past six months based on media coverage. In September 2023 Holcim France commissioned the Saint-Laurent-de-Mûre alternative raw materials plant and Holcim Group invested in Neustark, a company promoting technology to sequester CO2 in CDW. In August 2023 Lafarge Canada also completed the first stage of a pilot project to use CDW in cement production at its St. Constant plant in Quebec. Heidelberg Materials meanwhile announced in October 2023 that a forthcoming upgrade to its Górażdże cement plant in Poland would include a new CDW recycling unit and in September 2023 it launched a CDW division for its subsidiary Hanson UK.
Previously we have described how the European Union (EU) has set recovery targets for CDW. However, McKinsey & Company published research in March 2023 setting out the economic case for cement and concrete companies looking at CDW. It estimated that “an increased adoption of circular technologies could be linked to the emergence of new financial net-value pools worth up to roughly Euro110bn by 2050.” It is not a certainty and there is risk involved, but adopting circular practices is one way to reduce this risk. It then went on to predict that recirculating materials and minerals could generate nearly Euro80bn/yr in earnings before interest, taxation, depreciation and amortisation (EBITDA) for the cement and concrete sectors by 2050. The biggest portion of this could come from using CDW in various ways such as a clinker replacement or as an aggregate in concrete production, or the use of unhydrated cement ‘fines.’ Capturing and using CO2 and increasing alternative fuels (AF) substitution rates would have a financial impact but not to the same scale.
Graph 1: CO2 abatement cost via circular technologies for cement and concrete sectors. Source: McKinsey & Company.
Graph 1 above puts all of the McKinsey circular technology suggestions in one place with the prediction that all of these methods could reduce CO2 emissions from cement and concrete production by 80% in 2050 based on an estimated demand of 4Bnt/yr. The first main point they made was that technologies using CO2, such as curing ready-mix or precast concrete, can create positive economic value at carbon prices of approximately Euro80/t of CO2. Readers should note that the EU emissions Trading Scheme CO2 price has generally been above Euro80t/yr since the start of 2022. The second point to note is that using CDW could potentially save money by offering CO2 abatement at a negative cost through avoiding landfill gate fees and reducing the amount of raw materials required. This is dependent though on government regulation on CO2 prices, landfill costs and so on.
Cement producers have been clearly aware of the potential of CDW for a while now, based on the actions described above and elsewhere, and they are jockeying for advantage. These companies are familiar with the economic rationale for AF and secondary cementitious materials (SCM) in different countries and locations. CDW usage is similar but with, in McKinsey’s view, existing CO2 prices, landfill costs, and regulatory frameworks all playing a part in the calculations. Graph 1 is a prediction but it is also another way of showing the path of least resistance to decarbonisation. It is cheaper to start with AF, SCMs and CDW rather than barrelling straight into carbon capture. The beauty here is that cement and concrete sold, say, 50 years ago is now heading back to the producers in the form of CDW and it still has value.
Wan Heng Ghana apologises for alleged tax fraud
25 October 2023Ghana: Wan Heng Ghana has issued a statement clarifying its position after the Ghana Revenue Authority (GRA) found that it had failed to pay US$60.6m in taxes. The company markets cement from its Tema grinding plant as Sol Cement.
The producer said “We acknowledge that we are indebted to the GRA for unpaid taxes. We are fully committed to resolving this matter in a responsible and timely manner. We want to reassure our valued customers, stakeholders and the public that we are taking immediate and proactive steps to address this issue. We are in discussions with relevant tax authorities to develop a structured repayment plan that aligns with our financial capabilities and ensures that our tax obligations are met.”
It continued “Sol Cement remains dedicated to its mission of contributing to the growth and development of Ghana. We understand that paying our taxes is an essential part of fulfilling this commitment. We apologise for any concerns or inconveniences this situation may have caused, and we promise to keep all our stakeholders informed throughout this process. We appreciate the trust and support that our customers and partners have placed in us over the years, and we are determined to rectify this situation while continuing to provide top-quality cement products and services. We thank you for your understanding and patience during this challenging period. Sol Cement remains committed to being a responsible corporate citizen and a reliable contributor to the Ghanaian economy.
Ghana: The Ghana Revenue Authority (GRA) has shut down Wan Heng Ghana’s 0.5Mt/yr grinding plant in Tema after the company failed to pay US$60.6m in taxes. GhanaWeb reports that the GRA gave the China-based company 10 days in which to pay its taxes, otherwise the closure will continue. Wan Heng Ghana operates in the country using the Sol Cement brand.
Pakistan government to increase natural gas tariffs
11 October 2023Pakistan: The Ministry of Energy (Petroleum Division) is preparing a proposal for a ‘significant’ rise in gas tariffs in Pakistan. The Energy Update newspaper has reported that the rise will affect gas prices in the cement sector, besides other industries. The government aims to reduce the natural gas sector’s debts from US$10.5bn as part of a deal with the International Monetary Fund.
Ukraine suspends anti-dumping duty on Moldovan cement
09 October 2023Moldova: The Ministry of Economic Development and Digitalisation has announced that Ukraine will cancel an existing anti-dumping duty on imports of Moldovan cement until 31 December 2023. Ukraine announced the move following constructive discussions held during a meeting of the co-chairs of the Moldovan-Ukrainian intergovernmental commission on trade and economic cooperation held in Odesa, according to Interfax-Ukraine.
Moldovan Minister of Economic Development and Digitalisation Vadim Humene insisted that Ukraine cancel the anti-dumping duty so that Moldova did not have to ‘initiate trade defence processes’ regarding products that Moldova imports from Ukraine.
In addition to the temporary removal of the anti-dumping duty, the two countries expressed their readiness to help remove barriers to trade and simplify border controls to optimise the flow of goods, review environmental duties and ensure transparent, uniform application of legislation by both countries.
EU: The EU launched the transitional phase of its carbon border adjustment mechanism (CBAM) on 1 October 2023. Parties that import cement - and five other commodities - into the EU must now show the embodied CO2 emissions of their products.
The transition comes ahead of the full implementation of the CBAM in January 2026. At this point, those importing cement into the region will have to pay for the embodied CO2 of their products in order for them to enter the EU Common Market. Producers within the EU already pay for a proportion of emissions under the auspices of the EU Emissions Trading Scheme (ETS).
The intention of the CBAM is to reduce the risk of 'carbon leakage' as the costs of making cement rise in the EU due to changes in the ETS. While cement producers, as heavy CO2 emitters, are currently shielded from the full cost of their emissions, the number of free allowances they receive is set to fall substantially by 2026. At the same time, the cost of emitting a tonne of CO2 under the ETS, currently Euro80-90/t on the open market, is widely expected to rise.
Egyptian white cement attracts new South Korean anti-dumping duties
21 September 2023South Korea/Egypt: The South Korean government plans to implement a 72% import duty on white cement from Egypt. Yonhap News has reported that the Korea Trade Commission (KTC) recommended the duty as an anti-dumping measure, following its investigation into the impacts of Egyptian imports on the South Korean white cement industry. This consists of Union Corporation’s 200,000t/yr Chongju white cement plant in North Chungcheong.
South Korea consumed 100,000t of white cement in 2022. Egyptian white cement commanded a 10% (10,000t) market share. The domestic cement industry complained to the KTC against Royal El Minya Cement and Albatros International Cement Trading in March 2023. An additional probe will now follow to assess the correct rate for the duty.
Bamburi Cement’s half-year profit hit by tax claim in Uganda
04 September 2023Kenya/Uganda: Bamburi Cement’s profit after tax has been adversely affected by a tax claim in the first half of 2023. The cement producer said that its profit after tax was reduced due to the “settlement of corporation tax matters in Uganda.” Its turnover grew by 11% year-on-year to US$153m from US$138m in the same period in 2022. However, its profit after for tax fell by 7% to US$604,000 from US$652,000. As well as operating plants in Kenya, the subsidiary of Switzerland-based Holcim runs Hima Cement in Uganda.
Reporting by the Business Daily newspaper has revealed that the Uganda Revenue Authority (URA) started a review in 2020 of Hima Cement’s transfer pricing compliance between 2014 and 2018. The URA then raised its corporation tax assessment for Hima Cement in December 2022. Bamburi Cement has also faced additional penalties and interest charges from the Kenya Revenue Authority.
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
Coal price in Northern Pakistan drops to US$126/t
23 August 2023Pakistan: Cement producers in Northern Pakistan have reported a 13% drop in the price of coal to US$126/t. The Pakistan Today newspaper has reported that this is due to the Afghan government lowering taxes on exports of coal from Afghanistan. The Taliban reduced its royalties on coal exports by 12% to US$30/t. Meanwhile, it reduced customs duties on coal exports by 33%, also to US$30/t.
Northern Pakistan is comprised of Azad Jammu and Kashmir, Khyber Pakhtunkhwa and Punjab. In 2022, regional cement plants were over 70% reliant on Afghan coal. That year, they paid coal prices of US$170 – 200/t.