Displaying items by tag: Legal

It’s been a good week for carbon capture projects in Europe with the announcement of who the European Union (EU) has selected for a grant from its Innovation Fund. 17 large-scale projects have been pre-selected for the Euro1.8bn being doled out in the second round of awards. On the cement and lime sector side there are four projects. These include projects at Holcim’s Lägerdorf cement plant in Germany, HeidelbergCement’s Devnya Cement plant in Bulgaria, Holcim’s Kujawy plant in Poland and Lhoist’s Chaux et Dolomites du Boulonnais lime plant in France. Large-scale in this instance means projects with capital costs over Euro7.5m. To give readers some sense of the scale of the projects that the EU has agreed to pay for, if the funding was shared out equally between the current bunch, it would be a little over Euro100m per project. This is serious money.

Devnya Cement’s ANRAV carbon capture, utilisation and storage (CCUS) project in Bulgaria has received little public attention so far so we’ll look a little more closely at this one first. No obvious information is available on what capture technology might be in consideration at the plant. HeidelbergCement’s leading experience in carbon capture technology at cement plants gives it a variety of methods it could use from a solvent scrubbing route to something less common. What the company has said is that, subject to regulatory approval and permitting, the project could start to capture 0.8Mt/yr of CO₂ from 2028.

What has also been revealed is that the project is linking up via pipelines to a depleted part of the Galata gas field site in the Black Sea. Oil and gas company Petroceltic Bulgaria is a partner and the aim of the project is to start a CCUS cluster in Eastern Europe. with the potential for other capture sites in Romania and Egypt to join in. This is noteworthy because much of the focus for the burgeoning cement sector CCUS in Europe so far has been on usage on local industrial clusters or storage in the North Sea.

The other new one is the Go4ECOPlanet project at Holcim’s Kujawy plant in Poland. Lafarge Cement is working with Air Liquide on the project. The latter will be providing its Cryocap FG adsorption and cryogenics technology for direct capture of flue gas at the plant. The transportation of the CO₂ is also interesting here as it will be by train not pipeline. Liquid CO₂ will be despatched to a terminal in Gdańsk, then transferred to ships before being pumped down into a storage field under the North Sea.

Turning to the other two grant recipients, the Carbon2Business project plans to capture over 1Mt/yr of CO₂ using a second generation oxyfuel process at Holcim Deutschland’s Lägerdorf cement plant. This project is part of a larger regional hydrogen usage cluster so the captured CO₂ will be used to manufacture methanol in combination with the hydrogen. Finally, Lhoist’s project at a lime plant in France is another team-up with Air Liquide, again using the latter’s Cryocap technology. The capture CO₂ will be transported by shared pipeline to a hub near Dunkirk and then stored beneath the North Sea as part of the D'Artagnan initiative. Around 0.61Mt/yr of CO₂ is expected to be sequestered.

The key point to consider from all of the above is that all of these projects are clear about what is happening to the CO₂ after capture. The days of ‘carbon capture and something’ have thankfully been left behind. CO₂ transportation infrastructure is either being used or built and these cement plants will be feeding into it. This will inevitably lead to questions about whether all these new CO₂ networks can support themselves with or without EU funding but that is an argument for another day.

Finally, in other news, four residents from the Indonesian island of Pulau Pari started legal proceedings against Holcim last week for alleged damages caused by climate change. Industrial CO₂ emissions are unquestionably a cause of this along with other sources but what a court might think about this remains to be seen. Yet, it is intriguing that the plantiffs have decided to go after the 47th largest corporate emitter rather than, say, one of the top 10. Regardless of how far the islanders get this is likely not to be last such similar attempt. If the case does make it to court though it seems likely that Holcim will mention its work on CCUS such as the two projects above. Only another 200-odd cement plants in Europe to go.

Switzerland: Indonesian citizens of Pulau Pari have launched a legal case against Holcim in Switzerland for its contribution to climate change. Holcim operated in Indonesia from 1971 through its subsidiary Holcim Indonesia, which Semen Indonesia acquired from the group in 2019. Pulau Pari faces increased climate change-induced flooding, including two floods in 2020. Four residents have launched the present case against Holcim for damages, funding for flood defences and positive measures towards further group CO₂ emissions reduction. Indonesia-based environmental organisation Walhi, Swiss Church Aid (HEKS) and the European Center for Constitutional and Human Rights (ECCHR) are supporting the case.

Mexico: Cooperativa La Cruz Azul has taken to Twitter to thank the executive and judicial authorities of Mexico City for their work in dismantling the criminal network which had previously taken control of the producer. Prosecutors have indicted former Cooperativa La Cruz Azul legal director Victor N, who went into hiding in July 2020, and an alleged accomplice, Joel N.

Saudi Arabia: Arabian Cement says that the Jeddah Commercial Court has ruled in its favour in a lawsuit it filed against Emaar, the Economic City Company, to claim outstanding quantities of limestone it was due in an agreement the companies signed in 2012. The court has ordered Emaar to give Arabian Cement around 4.6Mt of limestone. As part of the deal, from 2012 to 2018, Emaar agreed to provide the cement company with 44.7Mt of limestone. However, Arabian Cement maintains that it did not receive 5.3Mt of the total.

Arabian Cement previously gave land to Emaar in return for a limestone supply deal. Emmar company has been developing the King Abdullah Economic City.

The economic fallout from the war in Ukraine continued this week with the news that Holcim plans to leave the Russian market. It said that it took the decision based on its “values to operate in the most responsible manner.” The company’s Russian subsidiary added that all of its plants would continue to operate as normal while it considered its divestment options.

Holcim’s road to withdrawal has been staggered. In February 2022 at the start of the war it pronounced its sympathy for any affected colleagues and their families and made a Euro1m donation to the Red Cross. Later it said that it would continue operating its business in Russia by following all regulations and supplying the local market. However, at this time it said it would suspend further capital investments in Russia and that it would “not benefit from our presence in this market.”

It’s unknown what prompted Holcim to take the plunge with Russia one month after the war started. At the very least, making decisions over assets valued this highly takes time. CM Pro has reported that the Russian government has considered introducing reference prices for building materials for infrastructure projects and that the Federal Antimonopoly Service (FAS) has been monitoring prices for ‘unreasonable’ growth over the last month. This follows grumbling by the Ministry of Industry and Trade in late 2021 about an apparent low capacity utilisation rate in the country despite shortages in the Central Federal District.

CRH said that it was leaving its Russian concrete business in early March 2022. Yet the decision by Holcim makes it the first of the three western multinational cement producers with large-scale operations in Russia to publicly say it’s pulling out. Holcim, HeidelbergCement and Buzzi Unicem each operate at least two integrated cement plants in the region.

Lafarge entered the Russian market in 1996. Its successor Holcim runs plants at Voskresensk and Kolomna in the Moscow region, at Ferzikovo in the Kaluga region and Volsk in the Saratov region. Together the plants have a production capacity of around 9Mt/yr. Over the last decade Holcim and its predecessor has invested at least a reported Euro1.3bn in three of the plants. The dry-production line Ferzikovo plant was built in 2015. The Shchurovsky plant in Kolomna was originally founded in 1870 and claims to be the oldest in the country. In 2011 it started commissioned a new dry production line. The Volsk plant started a modernisation project in 2017. The fourth, the Voskresensk plant, was mothballed in 2016. However, in early February 2022 LafargeHolcim Russia said it was aiming to spend Euro23m towards restarting production at the site. This was likely due to a boom in construction in 2021. The subsidiary also owns three aggregate quarries in the Republic of Karelia region of the country, near the border with Finland.

Selling up in Russia looks set to be difficult for Holcim. This is principally due to the European and American economic sanctions and the Russian government’s stated intention to nationalise the assets of any company trying to leave. This is clearly why Holcim has worded its plans so vaguely. If or when a peace deal is reached between Russia and Ukraine, the business environment could change significantly, depending on the terms, complicating any existing sale process. Determining how much Holcim might want to get from such a sale in these conditions is complex. Smikom bought Eurocement from Sberbank for Euro2.1bn in 2021 giving it 10 plants. Could Holcim realistically expect to sell its plants for around Euro200m each in the current environment? As for the hit Holcim might take, in its annual report for 2021 it said that the group’s Russian operations represented around 1% of the 2021 consolidated net sales. This would have been around Euro260m. Its Russian cement production capacity was reported as being 9Mt/yr in 2021 or 3% of the group’s global figure of 293Mt/yr.

Finally, it is worth noting though that Lafarge’s charges of ‘complicity in crimes against humanity’ also continued to be tested in the French courts this week. The legal case relates to the conduct of Lafarge in Syria between 2011 and 2014. This is totally separate from the situation in Russia but it does highlight the issue of corporate ethics for the group once again. Following proceedings in December 2021, Beat Hess, chair of the board of Holcim said, “The described events concerning Lafarge SA were concealed from the Holcim board at the time of the merger in 2015 and go completely against the values of our company.” Consider that use of ‘values’ again. Holcim may be about to find out how much it is prepared to pay for its values as it departs Russia.

Zambia: Zambezi Portland Cement is facing fresh legal proceedings over its ownership. The Lusaka Times newspaper reports that proceedings at the Court of Appeal are ongoing against businessman Phesto Musonda. Musonda, a former director of the company, allegedly attempted to take control of part of the company’s plant in September 2021. Unrest has also been reported at the cement producer’s plant with youths throwing stones at workers.

The current owners of Zambezi Portland Cement, the Ventriglia family, previously won a 10-year battle of control of the company against businessman Rajan Mahtani. In 2018 the High Court of Zambia awarded the family full ownership of the business.

Sweden: The government has extended Cementa’s permit to continue mining limestone at the quarries supporting its Slite cement plant for just over one year until the end of December 2022. The cement producer said that it would restart its mining activity immediately. However, it warned that the decision could still be appealed and work stopped whilst the case was pending. The subsidiary of Germany-based HeidelbergCement also refused to rule out shortages of cement in the future due to general uncertainty with the situation. Cementa has now started applying for a three to four year mining permit at the site.

Cementa’s prospects for continued mining limestone in Sweden beyond the end of October 2021 have been looking dubious recently. The subsidiary of Germany-based HeidelbergCement wants to carry on mining limestone at its quarries near its integrated Slite plant in Gotland after 31 October 2021 when its current permits expire. However, the Supreme Land and Environmental Court rejected its renewal application in July 2021 on the grounds that the impact of the quarries on groundwater had not been sufficiently investigated. Then the Supreme Court ruled that it had no basis for appeal at the end of August 2021. This leaves the cement producer hanging on for proposed government plans to make legislative changes to keep limestone mining ongoing for another eight months until mid-2022 and then for whatever scheme the legislators cook up next.

In July 2021 construction multinational Skanska publicly said that it was taking the situation ‘seriously’ because its concrete suppliers had warned it of the impending risk that they would potentially be unable to meet demand in the third quarter of 2022. At the same time the Swedish Construction Federation and related bodies noted that up to 175,000 jobs in construction could be adversely affected with a loss of investment of nearly Euro2bn/month due to the predicted cement shortage. In their view, increasing imports in the short term was unrealistic due to capacity constraints at ports and import terminals. Understandably, the Swedish government has been scrambling to keep the quarries open to protect cement supply and has been accused by both the local press and environmental bodies of circumventing legal norms in the process.

This is not a good situation to be in for either Cementa or anyone who might want to use cement locally in the near future. The cement producer operates both of Sweden’s integrated plants, at Slite and Skövde respectively, with Slite holding around 80% of the company’s production capacity. On its own, the Slite plant alone supplies 75% of the country’s cement, with about another 10 – 15% provided by importer Schwenk Zement. As a whole Cembureau data shows that the country’s market was just under 3Mt/yr in 2020 and stable despite the coronavirus pandemic. A small decline in the residential segment was reported, coupled with a ‘flat’ infrastructure segment, although increased demand from wind farm construction was noted. Cementa stopped production at a third local integrated plant, Degerhamn, in mid-2019 due to low profitability at the site and tightening environmental regulations.

Cementa and HeidelbergCement are putting up a fight by publishing lots of information on Cementa’s website about the permit application process and working towards both solutions in the short and longer term. In early September 2021 Nordkalk signed a deal with Cementa to supply it with limestone. However, as Thomas Lind, the head of cement for HeidelbergCement Northern Europe, pointed out in August 2021, the agreement won’t cover the entire shortfall, nor would it be ideal from logistical or environmental angles. On the opposing side, the Swedish Society for Nature Conservation has joined with the Supreme Land and Environmental Court in opposing the quarry permit renewal along with other environmental groups. Plus the government decision to force through a permit reprieve has also given ammunition to its political rivals.

The argument over Slite’s quarry sums up some of the challenges facing society over continued cement production in a world with ever-tougher environmental legislation. Cement plants are likely to face mounting opposition on environmental grounds but most governments will panic when facing the potential consequences of societies running out of essential building materials. There are many ways to avoid this scenario, such as far greater community and political involvement on the part of cement companies, recognition by governments of the importance of building materials, supporting the development and uptake of concrete made with less Ordinary Portland Cement or switching to higher ratios of other building materials and so on. Yet, without preparation, legislators elsewhere will also find themselves in similar positions to the one the Swedish government is in now.

Slite’s problems have arisen in part over a perceived direct threat to local drinking water, although Cementa says that this is absolutely not the case. Typically, cement plants in similar battles find themselves in opposition to local communities due to the immediate impacts of quarrying or production on water, or due to noise or dust. Yet the hidden consequence of clinker production is significant process CO₂ emissions with resulting global climate change. The particular tragedy in Gotland is that HeidelbergCement is one of the more sustainable-minded cement companies, with investment to match. In June 2021 it announced ambitions to upgrade the Slite plant to become the world’s first carbon-neutral cement plant through bio-based fuel substitution and a carbon capture and storage unit by 2030. This may be eight years away but it is one of very few full scale cement plant carbon capture upgrades that have been promised worldwide.

France: The Court of Cassation has denied Lafarge’s appeals against the charge of complicity in crimes against humanity in Syria. The court of last resort has reversed the decision by the Paris Court of Appeal in 2019, according to the Agence France Presse. The case has now been referred back to investigating magistrates for reconsideration along with another charge of ‘endangering the lives of others.’ In a statement Lafarge said that the decision by the Court of Cassation did not in any way presume any guilt on its part and that it would continue to cooperate fully.

The legal case relates to the conduct of Lafarge in Syria between 2011 and 2014. Lafarge and Holcim later merged in 2015 becoming LafargeHolcim. LafargeHolcim’s shareholders voted to change the company’s name to Holcim in May 2021.

Ghana: The High Court of Ghana has ordered the Empire Cement Ghana to stop all activity related to building a new cement plant in the southern part of the McCarthy Hills. It has forced this until a hearing takes place for an injunction application by the McCarthy Hill Residents Association, according to the Ghana News Agency. The site was previously raided by Environmental Protection Agency (EPA) agents and the police in late June 2021 after a tipoff by local residents. The association alleges that the Chinese-run plant project has been misusing a temporary permit from the EPA to manufacture cement as a mandate to instead start installing equipment at the site.