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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
Italy: Buzzi's revenues rose by 14% year-on-year in the first half of 2023, to Euro2.15bn from Euro1.88bn in the first half of 2022. This was despite an 8.3% decline in its sales and volumes of cement and clinker, to 5.12Mt from 5.83Mt. The group recorded a rise in its earnings before interest, taxation, depreciation and amortisation (EBITDA) of 58% to Euro575m from Euro365m. It noted an 'unfavourable economic situation,' with a slowdown in many of its markets.
Buzzi said "In the second quarter of 2023, the performance of the manufacturing segment was still weak, and contributed to limiting the growth prospects of international trade. In early 2023, consumer price inflation slowed down, thanks to the decrease in the energy component, although it remained at historically high levels. The decline in inflation was more evident in industrial goods, which incorporated the trend of energy prices." It added "Prospects continue to be negatively affected by persistent inflation and the consequent restrictive orientation of monetary policies in the major advanced economies, as well as by the uncertainty associated with the continuation of geopolitical tensions on a global scale, first of all the ongoing conlict in Ukraine."
France: Vicat's consolidated sales were Euro1.91bn in the first half of 2023, up by 9% year-on-year from Euro1.76bn in the first half of 2022. The group's earnings before interest, taxation, depreciation and amortisation (EBITDA) rose by 17% to Euro314m from Euro269m. Vicat said that it recorded generally 'resilient' sales volumes and price rises across most of its markets. Volumes dropped in France and Switzerland. During the half, Vicat's specific CO2 emissions per tonne of cement fell by 3.6% year-on-year to 571kg/t from 591kg/t.
Chair and chief executive officer Guy Sidos said "The group has not yet returned to its pre-crisis margins rates. I’d like to thank all our teams for their unwavering commitment enabling us to reach our industrial, financial and climate targets." He added that Vicat is on track to achieve its CO2 emission target of 497kg/t of cement by 2030.
Regarding its outlook for the current 2023 full year, Vicat said "The group is targeting further significant sales growth, with its markets overall expected to display resilience and reflect the full benefit of the price hikes in selling prices implemented in 2022 and the fresh increases introduced in 2023." It added "The performance in 2023 will reap the benefit of the full impact of the new kiln at the Ragland plant in the US, the elimination of the non-recurring costs incurred in 2022 and the stabilisation in energy costs."
Spain: The Spanish cement association, Oficemen, recorded total national cement consumption of 7.54Mt throughout the first half of 2023. This corresponds to a 0.3% year-on-year rise from first-half 2022 levels. Meanwhile, first-half exports fell by 2.3% year-on-year to 2.84Mt.
The Cinco Días newspaper has reported that Oficemen general director Aniceto Zaragoza said “The first half of 2023 has closed with zero growth, in line with our forecasts at the beginning of the year. The confluence of three elections, which will end with the general elections on 23 July 2023, is an unusual circumstance, which has affected not only investments in public works but also at the business level." Zaragoza added that construction decision-making had 'already slowed down by itself due to the current international situation.'
Russia: Soyuzcement, the national cement manufacturing union, has held a meeting discussing reverse engineering components for cement plants. The meeting of the committee for cement engineering took place at Cementum’s Schurovsky plant. The context of the meeting was that, before international sanctions were imposed upon Russia in response to its invasion of Ukraine in early 2022, around 70% of the equipment and components for the cement sector was imported. At the event representatives of Cementum shared best practice of reverse engineering, including methodology and specific examples of manufacturing spare parts including scanning them to build three-dimensional models. The sector intends to further collaborate with local manufacturers to source the necessary parts.
CRH to acquire Buzzi’s Ukrainian business
21 June 2023Ukraine: 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.
Bangladesh: The Bangladesh Cement Manufacturers Association (BCMA) has called for a 60% cut to duties on clinker imports, to US$1.84/t from US$4.61/t. The Financial Express newspaper has reported that BCMA members are struggling with high shipping costs and supply issues due to Russia’s war in Ukraine.
The Bangladesh government published plans to raise the duty on imports of clinker by 40% to US$6.46/t in its 2023 budget on 13 June 2023.
Lithuania: Akmenes Cementas has benefitted from a European Union (EU) ban on cement exports from Belarus in response to the Russian-led invasion of Ukraine in 2022. The subsidiary of Germany-based Schwenk Zement reported a profit of Euro16m in 2022, according to the Baltic News Service. This is its first recorded profit since 2013. Artūras Zaremba, the head of Akmenes Cementas, added that higher cement prices, further borrowing from its parent company and fixed electricity prices also helped it make a profit.
The company’s income grew by 53% year-on-year to Euro134m in 2022 from Euro87.5m in 2021. Its cement sales volumes increased by 6% to 1.5Mt and cement production rose by 8% to 1.1Mt. Around 1.1Mt of cement was sold domestically with the remainder exported to other countries within the EU. Cement sales are expected to fall in 2023 due to changes in the local market.
Italy: Buzzi Unicem reported first-quarter sales of Euro956m in 2023, up by 20% year-on-year from Euro800m in the first quarter of 2022. The producer's cement volumes dropped by 8.8% to 5.8Mt from 6.36Mt. It attributed this to a general slowdown of the construction sector across its markets. Local low demand from the residential market and adverse weather compounded the regional sales contraction in Central Europe. On the other hand, the group recorded volumes growth in Mexico and Russia and stability in Brazil. Both Mexico and Brazil produced revenues growth, while Buzzi Unicem's revenues fell in Russia due to the effect of the appreciation of the ruble against the comparison period in 2022, when the start of the on-going Russian invasion of Ukraine devalued it.
Overall, the group expects to 'easily' match its 2022 full-year earnings before interest, taxation, depreciation and amortisation (EBITDA) in 2023. It said that that it could not currently delineate a 'clearly different picture,' but added "The stabilisation of energy prices, albeit at higher levels than in 2022, if confirmed, will allow us to have better visibility on the unfolding of the production costs from spring onwards."
Italy: Buzzi Unicem reduced its specific gross scope 1 CO2 emissions by 4% year-on-year to 664kg/t cementitious product in 2022 from 689kg/t in 2021. As part of its Sustainability Report for 2022 it revealed that specific CO2 emissions varied from a low of 500kg/t in Luxembourg to a high of 812kg/t in Ukraine. Its specific thermal consumption fell slightly to 4084MJ/t clinker and its thermal substitution rate was 29.9%.
The company’s Lost Time Injury Frequency Rate (LITFR) was 4.9 and two fatalities were reported. It also noted that six employees – five Ukrainian and one Russian – died as a result of the war between Ukraine and Russia that started in February 2022. In addition, six staff were wounded, one taken prisoner and two were reported missing from its Ukrainian workforce.
The building materials producer noted that it had met some of its five-year sustainability targets set in 2017, including a 5% reduction in specific CO2 emissions, the implementation of structural engagement projects at all of its production sites with a high economic, environmental and social impact and the achievement of increasingly safe working conditions.