Displaying items by tag: European Commission

World: LafargeHolcim will not sell any additional assets, except for those that were negotiated with the European Commission (EC) in order to approve their merger, according to French Collection. The combined group hopes to complete its overall integration by the end of 2016.

Slovenia: According to the Slovenian Press Agency, on 24 June 2015 the government adopted a proposal for changes to the environment protection act that remedies shortcomings in provisions governing environmental permits. The problems with the existing legislation had led to the European Commission (EC) taking Slovenia to the EU Court of Justice.

The government said that the key purpose of the amendments was meeting the demands of the EC and that all plants without environmental permits at the time when the changes enter into force will need to stop operations. The step is related to the Lafarge cement plant in Trbovlje, which was instructed to stop operations in March 2015 after lax legislative provisions allowed it to continue to operate for a protracted period even though it did not have an environmental permit.

The EC announced in February 2015 that it was taking Slovenia to the EU Court of Justice for its failure to implement environmental licensing in line with the integrated pollution prevention and control (IPPC) directive of 2007. The EC said that the legal action came because one of the country's major cement producers had continued to operate without the required permit, in reference to Lafarge. The EC was seeking a base fine of Euro1.6m for the country plus Euro9009 for each day that the violation persisted.

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.

Europe: The European Commission (EC), the European Union's antitrust authority, has approved the proposed merger of Lafarge and Holcim, subject to asset sales by both companies in regions where their activities overlap. The EC's approval is conditional upon the divestment of Lafarge's businesses in Germany, Romania and the UK. Holcim is required to divest its operations in France, Hungary, Slovakia, Spain and the Czech Republic. The proposed transaction concerns assets worth several billion Euros and will create the world's largest cement producer with operations in 90 countries.

"The Commission had concerns that the transaction, as originally notified, would have had a detrimental effect on competition in a significant number of markets in the European Economic Area (EEA)," said the EC. "The commitments offered by the two companies address these concerns."

According to the EC, its assessment found that the merged entity would have faced insufficient competitive pressure from remaining players in many markets. This would have brought a risk of price rises. In order to prevent a negative impact on competition, the companies have committed to divesting most of the operations where their activities overlap. Further, the EC said that Holcim and Lafarge will not be allowed to close the deal until it has approved the buyers of the assets put up for sale.

In April 2014, Holcim and Lafarge announced their plan to combine through an all share merger of equals to create LafargeHolcim, with nearly Euro32bn in sales. The proposed combination would be structured as a public exchange offer initiated by Holcim for all outstanding shares of Lafarge on the basis of a 1 for 1 exchange ratio. The companies also agreed to have equal dividends on a per share basis between announcement and completion. The offer would be subject to Holcim holding at least 2/3rd of the share capital and voting rights of Lafarge.

Europe: Lafarge and Holcim have formally notified the European Commission (EC) of their proposed merger in order to obtain regulatory approval. With this notification, Holcim and Lafarge have now completed all necessary notifications with regulatory authorities worldwide.

During pre-notification discussions, which Lafarge and Holcim have had with the EC, the list of proposed assets for divestment in Europe has been slightly amended. Compared with the list of assets presented on 7 July 2014, the two companies now propose to retain Lafarge's Mannersdorf plant in Austria and to divest all of Holcim's operations in Slovakia.

In the rest of the world, the proposed list of assets remains the same, with the exception of the Philippines, as announced by the boards of directors of Lafarge Republic Inc. and of Holcim Philippines Inc.

In parallel to the regulatory process, Holcim and Lafarge are in ongoing negotiations with potential buyers of the assets that are proposed for divestment.

Europe: Lafarge and Holcim are about to request approval from the European Commission (EC) for their planned merger, according to Lafarge CEO Bruno Lafont.

"We are indeed very close to EU notification," said Lafont. He added that talks with Brussels had been constructive and that the companies were 'well on track' to close the deal in the first half of 2015.

Romania: Holcim is mulling its options after the European Union's (EU) top court dismissed its lawsuit against the European Commission (EC) over the theft of 1.6 million emissions allowances in 2010.

The European Court of Justice (ECJ) on 18 Sept 2014 rejected Holcim's arguments that the EC should compensate it for Euro17.6m for damages suffered when the online carbon trading account of its Romanian subsidiary was hacked. In its judgment, the court ruled that Holcim must bear the losses resulting from the thefts and pay the EC's legal costs in the case, which were not disclosed.

"Holcim has taken note of the General Court's judgement," said a Holcim sposewoman. "We are currently analysing the decision in more detail and cannot comment any further."

In November 2010 cyber criminals hacked into Holcim's account at the Romanian emissions trading registry - previously one of around 30 online trading hubs in the EU carbon market - and transferred 1.6 million s-called EU allowances to two accounts at the Italian and Liechtenstein registries. According to EU records, the allowances then passed through registry accounts in the UK, France, the Netherlands and the Czech Republic within hours, before eventually being sold on emissions exchanges in Paris and Amsterdam.

Around 695,000 allowances were later returned to Holcim by various European authorities, but the company's spokeswoman said that the remaining units have still not been recovered.
Holcim sued the EC, which administers the bloc's electronic emissions trading network, in 2012 for failing to freeze the accounts containing the stolen units, for not returning them and for allowing other companies to turn them in for compliance under the EU Emissions Trading System (ETS). The EC refused to reveal the location of the allowances, saying that under EU law the details were confidential and could only be passed to European authorities.

Several European companies including International Power and ScottishPower have since surrendered some of the units to comply with the ETS, but claimed that they bought them in good faith, without knowing that they had been reported stolen.

Holcim had claimed that the EU should pay it the value of any allowances still missing, based on the market price on 16 November 2010 (the day of the theft) plus annual interest of 8%. That amounts to more than Euro17.6m, based on a spot allowance price of Euro14.60/unit.
Holcim has also sued Romania's National Environmental Protection Agency (NEPA) over similar claims.

"The court case against NEPA has been suspended by the civil court until the Romanian law enforcement agency (DIICOT) finalises the criminal investigation, but as of now we have no indication as to when this might happen," said Holcim.

Spain: The European Commission has cleared the acquisition of the Spanish operations of the Swiss building materials group Holcim by its Mexican peer Cemex following an in-depth investigation.

Spain: The European Commission (EC) has objected to Cemex's plan to acquire Holcim's Spanish units, according to Reuters.

Cemex and Holcim unveiled the deal in August 2013, part of which included Holcim taking over Cemex's German businesses. The EC cleared this deal unconditionally earlier in July 2014. However, the Spanish part of the deal triggered an in-depth probe by the EC in April 2014. The preliminary review showed that the takeover would substantially curb competition in the grey cement market in certain parts of Spain.

"The EC has sent a statement of objections to the companies," said an EC spokesperson.

"We cannot comment and the process is following its normal course," said Cemex. "Proper disclosure will be made when we have to make it." Cemex had offered some concessions during the EC's preliminary review, but these were not considered to be sufficient. The EC has set a 5 September 2014 deadline for its decision.

Belgium: Cembureau, the European cement association, believes that the European Commission's proposed headline resource efficiency target fails to capture real resource efficiency improvements by adopting the weight-based Raw Material Consumption (RMC) as a proxy.

While the cement industry is raw-material intensive by mass, it is also one of the biggest contributors to the circular economy. Cembureau believes that in order to enhance resource efficiency in the cement industry, the following factors should be ensured:

• When applying the waste hierarchy (prevention, re-use, recycling, recovery, disposal), options that deliver the best overall environmental, social and economic outcomes should be encouraged and assessed at the local level;
• Efficient use of resources throughout the value chain spanning from extraction, manufacturing, construction, use, to end-of-life stages;
• Use of resources in such a way that has the lowest environmental, social and economic burdens over the long term;
• Use of resources appropriate to the reserves available, i.e. scarcity/abundance are critical factors, which mean sustainability needs to be approached in different ways for different resources.