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JOINT COMMITTEE ON ENVIRONMENT AND LOCAL GOVERNMENT díospóireacht -
Wednesday, 25 Jun 2003

Vol. 1 No. 10

National Climate Change Strategy: Presentation.

I welcome Mr. Damien Clancy, Mr. Pat Sweeney and Mr. Sean Garland from Aughinish Alumina to the meeting. We will hear first from Mr. Clancy before taking questions from members of the joint committee.

Before Mr. Clancy commences his presentation I wish to draw his attention to the fact that members of this committee have absolute privilege but the same privilege does not apply to witnesses appearing before the committee. Members are reminded of the long-standing parliamentary practice that members should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him or her identifiable. I invite Mr. Clancy to make his presentation.

Mr. Damien Clancy

I thank the joint committee for the opportunity to present Aughinish's position with regard to the national climate change strategy. I am accompanied by Mr. Pat Sweeney, the safety, environment, HR and PR manager and Mr. Seán Garland, technical and materials manager. I am managing director of Aughinish Alumina, a position I took over on 1 January 2003. Each of us was working in Aughinish when the plant made its first production on 4 September 1983, almost 20 years ago.

I consider this the most important presentation I will make in the next five years. Our submission will be divided into four parts: why we are here; who we are; why we are unique; and what we need from the Joint Committee on the Environment and Local Government.

The national climate change strategy was adopted in 2000 and is currently undergoing a mid-term review. The timescale is tight for the national allocation plan. It has to be prepared for submission to the EU by September 2004. Since 2000 Aughinish has devoted considerable resources to the consultative process in place and we are represented on a number of committees in this area: the steering committees for negotiated agreement, energy tax and emission trading studies commissioned by Forfás; the Minister for the Environment, Heritage and Local Government's emission trading advisory group; and the IBEC environment, energy climate change and CHP working committee groups.

Why are we here? We recognise that we must contribute to Ireland's green house gas emission reduction burden. However, we are here because we see a major threat to the viability of our company - and that threat is an inflexible implementation of the various EU directives within the national climate change strategy.

As an example of the impact of decisions regarding energy, this year alone our costs have increased by €7 million as a direct result of the implementation of the EU directive on sulphur, which means we now consume 1% sulphur heavy fuel oil as compared to 3%. We have serious concerns that the national climate change strategy has potential to make energy intensive industries such as ours uncompetitive and, ultimately, put us out of business.

To avoid this we firmly believe it is critical that the EU and Irish environmental taxes and rules are implemented with the flexibility provided to member states by the EU. In this way it will be possible to permit environmentally responsible Irish businesses to remain viable while operating in a sustainable manner. Therefore, this presentation to the joint committee is a significant event in the history of Aughinish Alumina.

I wish to explain a little about what is Aughinish Alumina. Aughinish is located on the Shannon estuary, 20 miles west of Limerick city, between Askeaton and Foynes. We occupy a 1,000 acre site on Aughinish Island in the estuary. The plant was built between 1978 and 1983. At the time it was the biggest construction site in Europe, employing more than 6,000 construction workers. The initial capital investment was more than $1 billion and there is an ongoing capital investment programme. In the past four years since Glencore took over the ownership following the departure of Alcan, more than $40 million has been invested in the plant. We have a site workforce of 700 people and more than 90% of those are in the high skills category as defined by the IDA. The wage bill alone is more than €45 million per year and the expenditure nationally is over €90 million per year. This expenditure includes €2 million per year on property tax, which makes us the largest property taxpayer in the mid-west region. It also includes €1 million per year to Shannon Foynes Port Authority, which makes us the largest single contributor to that authority.

Our current research and development expenditure is close to €2 million per year, and we see that doubling in the next number of years. We have ten people with Masters, PhDs and post doctorates working on R&D for us in the University of Limerick. This number will increase over the next number of years.

Today, we operate in a very challenging international commodity market. The bulk of our competitors enjoy locational advantages. They are built beside a bauxite mine, which is our main raw material, next to smelters, which are our customers, or close to sources of cheap energy such as hydroelectric power or coal. In order to compete with that, we have adopted a world-class approach to everything within our control in running our business. That has helped us to overcome the locational disadvantages.

Examples of our achievement include the following. On the environment, we sought proactively to be regulated via IPC licensing ahead of the official schedule. We also became the first alumina plant in the world to achieve ISO 14001 accreditation on its full operation. On health and safety, we have won many national safety organisation awards, including the gold medal and the supreme award. We received the Minister for Labour's millennium award for safety in its inaugural year, 2000. On people management, we won the Chartered Institute of Personnel Development award for human resources management. On training and development, we achieved the highest score - 98% - in the FÁS Excellence Through People Certification Award, which puts us ahead of pharmaceuticals, IT, banks or any other companies in the country. One of Aughinish's apprentices has just won the silver medal for Ireland in the fitting craft in the World Skills Competition in Gallen, Switzerland. That silver medal is another success for Kerry.

The National Centre for Partnership and Performance uses Aughinish as an example company for best practice in workplace partnership. We have frequent visitors who are recommended by the group of unions which operate in our company, the ICTU, and the Labour Court has referred both management and union groups to visit our site. On production, we have the best manpower productivity in the alumina industry globally and we have set annual production records for the past 17 consequent years, something which is unprecedented in our industry. Our new owner, Glencore, considers Aughinish a model asset and this experience has contributed to its decision to locate a marketing company in the financial services centre in Dublin. The culmination of our achievements is that we have become the largest, and we believe the most efficient, alumina refinery in Europe.

As I stated in my introduction, our first 20 years of production started on 4 September 1983. Our second 20 years of production begin this year, in less than ten weeks, on 4 September. Our owners have stated that given the right business climate, they are willing to invest between €100 million and €200 million in the plant over the next five years. That size of investment is greater than any of the other investments in major IDA promoted schemes for 2002 and 2003, as reported in a recent interview with the chief executive of the IDA. As I said earlier, this investment is backed up by the major research and development programme we are undertaking in the University of Limerick. We believe this level of investment will guarantee the plant's future for the next 20 years, assuming we can manage the external threats to our business.

I would now like to explain why Aughinish is unique. Aughinish's exposure to the cost impact of the national climate change strategy is unique in Ireland for two clear reasons. The first is that we are the most energy-intensive industry in the country, with energy accounting for 25% of our total production cost. By comparison, the average energy cost for Irish industry is 2%, and the European Union defines an energy-intensive industry as an industry whose energy costs are at 3% or above. We are at 25%. To put this figure in perspective, we are the largest single site customer of electricity in Ireland. Our usage is equivalent to half Ardnacrusha's output. We are the largest industrial consumer of heavy fuel oil. We spend more than €65 million per year on energy. It is easy to see, therefore, that energy and energy-rated costs represent a major part of our business. In fact, they exceed all other costs except those of our imported raw material, namely, the bauxite ore from Africa and Brazil.

The second and critical reason we are unique is that we produce alumina, which is an internationally traded commodity. A total of 87% of our competitors are located in countries not materially constrained by Kyoto greenhouse gas reduction targets. The price for our product is not set in Ireland or the EU. It is set internationally and is reported on the London metal exchange. Hence, we are price takers in an industry where 87% of world capacity is not constrained by Kyoto. There is no opportunity to pass on cost increases to our company and hence our business margin will decrease. Indeed, if we look further within the 13% of countries where greenhouse gas emission caps will occur, we find Germany, a country in which one of our competitors exists, namely, the Stade plant outside Hamburg, has already received signals that it will not be materially affected by any emissions capping. It is ironic that in a country as heavily industrialised as Germany, a similar alumina plant will not be materially affected by emissions capping.

Aughinish's unique exposure within Ireland, which is down to our energy intensity and the fact that our product is traded internationally, is undisputed by various groups. The ESRI believes we qualify for special treatment with regard to energy taxation. The Department of the Environment, Heritage and Local Government recognises our unique exposure. The Minister has still to adjudicate on this and the Government has to make a decision on the issue. How this issue is finally addressed in the detail is of critical importance to our ongoing viability.

I have dealt with who we are, the reason we are here and why we are unique. I would like to pass on to the final part of our submission. What we need from the members of the Joint Committee on the Environment and Local Government relates to three areas. The first is the area of emissions trading. Emissions trading is a form of taxation that is related to the actual greenhouse gas emissions from a site. If a company emits, say, 100 units of carbon dioxide, it may be allocated between 70 and 100 units under the national allocation plan. If we assume an allocation of 90 units, that is then known as the emissions cap. As a consequence, that company then has to reduce its emissions to 90 units or purchase the ten units in the marketplace or, failing this, pay a penalty fine. Approximately 40 Irish industrial installations, in addition to 20 electricity generating plants, are listed in the EU emissions trading directive. Aughinish is one of these sites. How the allowance or cap in emissions trading is determined is a key issue for business.

Two conflicting methodologies exist, a top-down and a bottom-up approach. A top-down approach allocates an emission cap to each participant according to a formula. It is easy to administer but it is seriously flawed as it can consider equal percentages as equitable. This totally ignores the ability of the recipient to adjust. In contrast, the bottom-up approach allocates a cap based on assessing what the firm is capable of doing to reduce its emissions and remain competitive. We believe this approach is suitable for a company in our unique position.

A negotiated agreement based on independent energy audits is a way of achieving this bottom-up approach. We are the lead company in the Sustainable Energy Ireland pilot of negotiated agreements based on independent energy audits. Sustainable Energy Ireland is due to publish its report on this topic in the next few weeks. The negotiated agreement approach has been successfully utilised in other member states. It respects competitiveness and is consistent with EU Commission philosophy. Retention of international competitiveness is a specific criteria to be considered in a national allocation plan, as provided for in annex 3 of the emissions trading directive.

Another significant factor for Aughinish to remain competitive internationally is that the emissions allocation must be based on our projected future production rate. This is necessary to counter our increasing inflation related fixed costs such as labour, insurance, energy, etc. Each member state has the authority to adopt this bottom-up approach in the development of its national allocation plan, which must be presented to the EU by March of next year.

With regard to emissions trading, the actual emission cap is critical for Aughinish. We need the committee to ensure the body responsible for the national allocation plan has within its terms of reference the ability to develop the emissions allocation or cap from a bottom-up approach that recognises both our environmental obligations and the economic realities of our business.

Our second area relates to energy/carbon tax. Aughinish will be subject to the emissions trading system and, therefore, should not be subject to energy/carbon tax, as this would amount to double taxation. The EU energy tax directive provides for exemptions from energy/carbon tax and states: "certain exemptions or reductions in the tax level may prove necessary, notably because of the absence of harmonisation at European level or because of the risks of a loss of international competitiveness." The EU Commission philosophy is that such exemptions are appropriate and it fully expects Ireland to grant such an exemption to Aughinish. The emissions trading directive provides for the legislature in each member state to grant such an exemption and states: "member states may consider the implications of regulatory, fiscal or other policies that pursue the same objectives." We need full exemption from energy/carbon tax, hence, no double taxation. This is also the view of several independent commentators and many Government Departments.

Our third area relates to combined heat and power or CHP. I will briefly explain what is CHP. Normally raw energy, such as coal, gas or oil, is used as the input to make electricity. Depending on the fuel and the technology, between 35% and 50% of the raw energy is converted to electricity and the rest is lost as waste heat in a cooling tower or to sea water. In a CHP plant the fuel is converted to both heat, i.e. steam, and electricity and, thus, the energy conversion can be more than 80%. A CHP plant has a use for the steam and, hence, the entire operation is considered energy efficient and highly environmentally friendly as much less waste is generated. For this reason CHP is sometimes classified as green energy.

As Aughinish uses more than 400 tonnes per hour of steam, an opportunity exists for a CHP plant. Aughinish is generally recognised as the best site in Ireland or the UK for a CHP plant. It is the most significant emission reduction opportunity at Aughinish and it represents a major opportunity for greenhouse gas reduction in Ireland. An adequately sized CHP plant at Aughinish would cost approximately €100 million and would generate 150 MW of power, equivalent to two Ardnacrushas. Since Glencore became our new owners we have spent more than €4 million on two separate joint ventures studying CHP. We are currently preparing a bid for entry into the new electricity generation competition which is now being run by the Commission for Energy Regulation. However, the current market is not accommodating to CHP because it discriminates against CHP.

Sustainable Energy Ireland published a report on the state of CHP in Ireland in 2001. It concluded that Ireland at 2% was significantly below the EU average of 10% and the EU target of 18%. The report stated Ireland is unlikely to narrow that gap unless CHP incentives are implemented. The report then lists all the different incentives which exist in all the EU countries for the promotion of CHP. The EU Commission recognises the benefits of CHP and is in favour of incentivising it at national level. Incentives exist in most EU member states. Such incentives have led to a CHP market penetration of 55% in Denmark compared to Ireland's 2%. We need this committee to work with the energy committee to put the necessary supports in place to make CHP feasible in Aughinish and Ireland.

Aughinish has been a valuable asset to the mid-west region and to the country as a whole over the past 20 years. Given our unique position in Ireland, how the national climate change strategy is implemented will be critical to our business over the next 20 years. Glencore is prepared, given the right business climate, to invest between €100 million and €200 million in Aughinish over the next five years. The biggest threat by far to this investment programme and the future of the plant is the implementation of the interrelated issues of missions allocation and trading, energy/carbon tax and CHP support measures.

If Government recognises our unique position within Irish industry and makes careful decisions around these interrelated issues, I am confident the plant can continue to operate in an environmentally sustainable manner while generating wealth in the mid-west and Ireland for at least another 20 years.

On behalf of my colleagues, and on my own behalf, I thank the committee for this opportunity to make this presentation and we are happy to answer any questions members may have.

I thank the delegation for its impressive presentation. I previously met Mr. Clancy and wish him well in his discussions. Have you met the Minister and how has he reacted to your proposals?

Mr. Clancy

We have met with officials of his Department and discussed our position with them on a number of occasions. They can see that our company is in a unique position in Ireland because of our energy intensity and because our product is traded internationally. However, we have not spoken to the Minister recently, but it is ultimately a decision for him and the Government.

Have you made a submission to the Minister for Finance regarding the implications of a carbon tax on your industry?

Mr. Clancy

Yes. The Department of Finance understands that to tax us under an energy carbon tax would involve a double taxation. However, we have not yet spoken to the Minister for Finance. We expect a consultation paper on the energy carbon tax to be issued by the Department within the next number of weeks.

You say that many of your competitors are in countries that are not signatories to the Kyoto Protocol. Would some of them be your main competitors?

Mr. Clancy

Perhaps if I put that slightly differently and say that 87% of our competitors are in countries that have not ratified the Kyoto Protocol, so they will not be materially affected by it. Australia is our biggest competitor country. Other countries include China, India, the United States, Brazil and Jamaica. None of these will be effectively limited by the Kyoto undertaking. In the 13% of countries affected by Kyoto, the gap to be closed is not the same as in Ireland, so they also do not expect to be materially affected by it. We operate in a market where the price for our product is set on an international basis. At present we are certain that we are one of the very few companies that will be significantly impacted by the emissions trading system.

It is ironic that given that this country has ratified the Kyoto Protocol, it will have a smaller output of gases by comparison with the major industrial powers who are not signatories. It is also ironic that we now face serious consequences following our responsible attitude to environmental protection and climate change. While our adherence to the Kyoto Protocol will have little impact on the global situation, it will have a catastrophic impact on one of our main industries.

Mr. Clancy

Member states have a discretion in terms of implementing the various European Union directives that impact on the national climate change strategy. One directive makes specific reference to international competitiveness as one of the criteria that must be taken into account in determining the national allocation plan. We believe that discretion exists to allow a company such as ours to fulfil our environmental obligations and sustain our business going forward. A small statistic the committee may also find ironic is that the steel industry in China is growing at an annual rate that is higher than this country's entire output of CO2 gasses, yet it will not be materially affected by the emissions trading directive.

Is it the case that a mid-term review must be submitted to the EU Commission by next March?

Mr. Clancy

We must effectively have a national allocation plan determined for submission to the European Union by next March.

In view of this, it is essential that this all-party committee works with the Minister for the Environment, Heritage and Local Government and the Minister for Finance to ensure that while we act as a responsible state, we must at the same time take into consideration the implications for our important and vital industries. While we will later meet the Minister for the Environment, Heritage and Local Government in the context of the Protection of the Environment Bill, we should also meet him with a view to considering the implications of the national climate change strategy.

I do not disagree with the Deputy, but the general practice is that we will continue with questions and answers and then decide what action to take. We will proceed to take a number of questions, following which the delegation can decide how to reply. I call Senator Finucane, to be followed by Deputy Sargent.

With regard to CHP, many other European countries provide incentives, including our closest trading partner, the United Kingdom. If there is such a commitment to green energy, especially by the Minister for Communications, the Marine and Natural Resources, why are there so many impediments to developing its potential here? What measures should be taken to remove them and make us at least compatible with those countries providing incentives, who have recognised the importance of this form of energy?

In a statement you made to The Irish Times, you said you were concerned that we might move too far ahead of our other European trading partners in terms of the implications of the Kyoto Protocol. Is it correct to assume that in making this statement you consider we have already moved too far ahead of our European partners?

I welcome the delegation and I apologise for not being present at the outset. However, I have considered your submission and heard most of what you had to say and I am relatively up to date on your predicament. In the overall context of the European Union, there are a small number of high energy users here and they have a case to make which you have well articulated. Nevertheless, no action is not an option, not only with regard to the Kyoto Protocol, which only tips at dealing with the problem of climate change. Even with that, the Government is not taking the issue very seriously. I do not know if that is a blessing or a curse. We have almost three times the over-run in terms of what was sanctioned up to 2008 or 2012, depending on when the levies apply.

This country must consider the implications of emissions trading in terms of our overall responsibilities. Are you putting the case to the Government that a large emissions trading scenario should be considered to take account of the continuation of your own business and, if so, will deliberations on this be concluded by 31 March 2004, when individual quotas for the EU member states must be agreed and when we must then live with what we are allocated?

Mr. Clancy referred to the threat of carbon tax and CHP impediments. CHP is proceeding in a number of areas with generating stations and it gets preferential treatment over non-CHP energy, so it is a matter of deciding how far to proceed in this direction. Do you recognise as a threat the limitations on fossil fuel availability?

China was mentioned, but that country has huge amounts of cheap coal at its disposal, to last far longer than the gas and oil on which we rely.

Experts such as Shell have indicated that, in the next 25 years, we are looking at fossil fuel shocks, as they are called, where supplies would not be guaranteed which would undoubtedly result in an increase in prices. Whatever about an energy tax, this would affect the price of the product of a high energy user. Is the availability of fuel in the company's terms of evaluation and would it dictate its future business plans? Much as Shell is becoming involved in wind energy, is Aughinish Alumina investigating the possibility of becoming involved in less energy intensive forms of production?

A number of questions have been raised by the two members to which perhaps Mr. Clancy might like to reply.

Mr. Clancy

Mr. Garland will deal with the issue of combined heat and power, CHP, and what makes it difficult for it to operate in Ireland at present.

Mr. Sean Garland

Contrary to what Deputy Sargent said, there are very few incentives for CHP in Ireland today. Deployment of CHP has effectively stalled. It had been promoted through AER schemes, similar to the renewables, but that is not the case today. We would seek a similar scheme to be run again under which CHP would be promoted.

There is general agreement that CHP is good and has environmental benefits. No one in our discussions with Departments said it was bad. We need to decide what way we will treat it rather than saying it is a good thing to do. Our site is the best opportunity for CHP, certainly in Ireland and perhaps in England and Ireland. It is a great opportunity for Ireland and Aughinish Alumina to take advantage of this.

Mr. Clancy

The heat generated by the CHP plant is needed by the plant to which it is tied and the electricity is the by-product. The heat has an umbilical attachment to the process plant. We need the heat all the time. However, the electricity may not be needed in the middle of the night. A CCGT plant can be shut down to save fuel costs but a CHP plant cannot because the steam is needed. It has an umbilical link to the plant. If we were able to get the same price 24 hours a day for electricity from our CHP plant as we pay or even a reasonable percentage of that, the plant would already have been built. This is the type of promotional measure in place in other EU countries.

It should be remembered that it would be a 150 MW site in our case. It would not be a small CHP site. It would have the effect of increasing the CHP penetration in the country from 2% to 7%. It would move us on very quickly in this regard nationally. It is a large project and cannot be taken lightly because it has the possibility, if it goes wrong, of shutting down the main business.

Regarding the question whether we are moving ahead of our EU partners, the point is that 87% of our competitors are located in countries that are not materially affected by the Kyoto Protocol. Of the 13% that are, many are located in countries that will not be significantly affected by emissions trading. We gave the German example and we can give others. While we are quite happy to play our part in carrying through on our environmental obligations - the principle of acting on climate change makes sense - we need it to be done in such a way that we can maintain our viability and continue to operate.

The national climate change strategy is part of a global climate change issue. If as a result of these measures Aughinish Alumina were to shut down, the demand for aluminium would still exist because it is a key metal for the transport sector, the sector in which emissions are growing fastest in Ireland. Aluminium in the engine block allows for a lighter car. While aluminium would still be necessary, it would be manufactured somewhere else, such as a country that does not have an IPC licence or the best available technology like we do, and this would not necessarily improve the global climate change issue. What it would do is move manufacturing from one country to another where the licensing laws may be less stringent. It was in this framework that I made the earlier comment in the press.

Deputy Sargent said that no action is not an option and we completely agree. We propose a €100 million to €200 million investment programme in our business that will guarantee our viability for another 20 years. The €100 million is essentially an investment in our core aluminium business and the second €100 million is dependent on whether we can build the CHP plant. That is a clear path forward that can be part of a negotiated agreement which will result in a major reduction for Ireland in CO2 levels and will move CHP penetration in the country forward. That is not a case of no action but a clear, concrete proposal. The reason we asked to meet the committee to present the proposal to it is because we are trying to head off any problem years ahead of it happening. We envisage that, if the wrong decisions are made, we will become victims of those in three or four years time.

Regarding examining the use of other fuels, we use 1% heavy fuel oil. We were using 3% heavy fuel oil but we moved to the 1% level this year. We also continuously examine the option of gas. We have also tried an emulsion product from Venezuela which is in supply but not readily available in this part of the world. We continuously examine this area. Our information is that our horizon today is the next 20 years and heavy fuel oil will be available in that time. We are examining natural gas because the national ring main is being extended to beside Aughinish Alumina.

The Deputy also asked about wind energy.

I asked about emissions trading. I do not think I asked about wind energy.

The Deputy referred to Shell.

I referred to Shell becoming involved in wind energy as an alternative to its business when it saw the writing on the wall. I am looking on that as an analogy, not that Aughinish Alumina would specifically do that.

Mr. Clancy

We would not rule out installing a wind energy system at some stage in Aughinish Alumina. We work on a 24 hours a day, seven days a week basis. The advantage of wind energy is known. The disadvantage is that it is not reliable in the security of supply. Locating a wind energy system in Aughinish Alumina for generating power is clearly a possibility for the future but is not something on which we could guarantee our plant.

No wind system is a stand-alone producer. It is part of an integratedsystem.

Mr. Clancy

That is right. Regarding the allocation for Aughinish Alumina, because we are in a commodity industry, clearly the economics of our business require that we continue to grow because that is necessary to combat our fixed costs. To prevent our growth is to shut us down in a slower rather than a faster way. The programme we have put forward will have the net impact of reducing our emissions substantially while allowing us to grow and make the investment that guarantees our business for the next 20 years. The net effect of our proposal would be to reduce our emissions by the order of 20%. That assumes a CHP plant is installed. Our owners are prepared to do that and wish to urgently. They just need the right business environment. We are not looking to make a large amount of money on the CHP plant but to secure our aluminium plant.

I join in welcoming the representatives of the management of Aughinish Alumina to the committee. Their submission referred to a very impressive track record in a partnership approach to dealing with trade unions on the human relations side and the statutory authorities where matters of health and safety standards and so on are concerned. It gives the company a certain authority to ask for a negotiated approach to the problem it faces in reconciling its competitiveness with meeting the State's obligations to come within the Kyoto agreement targets.

Something that interested me because it was not in the submission is the level of emissions from the operation at present. What proportion of Aughinish contributes to the national level of gas emissions? Since Kyoto is framed in terms of the amount of increase Ireland as a whole is allowed over 1990 emission levels and given that Aughinish has been in operation since 1983, long before the base date for those increases, how does Aughinish compare in terms of increases on the 1990 levels? As a country we are allowed a 13% increase from the 1990 level but we are now well over 30%. How does the Aughinish graph, in terms of increase over the 1990 levels, compare with the overall national position?

Also, the argument was made that Aughinish is unique. One difficulty the committee will face is that many organisations which will come before the committee will make that argument. The road transport industry will make an argument that given our island location and additional costs and so on it is unique, as will the agriculture sector.

Many organisations will say the same.

Yes. Given we can anticipate that most delegations will argue their unique position, what makes Aughinish unique in a way others are not?

Page 24 of the submission states that Glencore, given the right business climate, is willing to invest between €100 million and €200 million in Aughinish in the next five years. Does a corollary apply if there is no negotiated agreement on the climate change strategy? Is there an element of putting the gun to the head in telling us the investment is conditional?

I too welcome the management of Aughinish. It has played an enormous role in my area as a company since coming to Shannon.

I seek clarification of the bottom-up approach, which I understand to be a progressive approach. One starts from a certain position and progresses over time to a top-down approach. It is a progressive approach to reach the ultimate objective, which the company cannot reach at present but over a period of time the company can move to attain those levels required under the stipulations.

I welcome the delegation. To go back 20 years to when Aughinish started in west Limerick, it was the biggest building site in the country at that time and there was enormous investment. If any industry met the challenge it was Aughinish. People said the plant would be gone in ten years but I congratulate it on meeting every challenge it faced during that period. There were 700 jobs created, which meant €45 million in annual wages alone and €90 million in total to the area. A unique situation was created and there is a special case here. I am sure the Government will recognise Aughinish's unique position in Irish industry. It has met all the challenges, such as the 2003 heavy oil directive; it costs Aughinish €7 million per year to comply with that. There is an onus on the committee to take this submission seriously. If those 700 jobs had to be recreated, how much would it cost? I look forward to supporting the submission to the committee.

Mr. Clancy

The first question was from Deputy Gilmore. Our emissions are just over one million tonnes per year of CO2 and the national figure is 70 million tonnes so we make up just over 1.5% of the national greenhouse gas emissions. The second question was our increase since 1990, which is approximately 20%.

Deputy Gilmore asked what makes us unique and said everyone who comes in will say they are unique. What makes us unique is clearly allowed for and stated in the EU directives and it is expected by the European Commission that it will be interpreted as such by the member states. Two things make us unique, one being that 25% of our costs are energy-related, while typically 2% of industry costs are energy related. What clearly makes us unique is that our product is sold in an international market where the price is set internationally. When I say international, it is not set in Ireland or the EU but internationally. There is no hope or possibility that we can pass on the price of these costs in our product because that price is set on an international basis, not nationally. We are talking about uniqueness regarding the emissions trading directive, which names approximately 40 installations and 20 electricity generating stations in the country. We are already in a small group in Ireland, because we are in the 40 plus 20 group. That directive specifically states that international competitiveness must be taken into account. Looking at those companies one can see our energy costs are higher and, critically, our costs are determined internationally, not nationally or in the EU, like the other companies listed in the emissions trading directive.

If there is no negotiated agreement, are we putting a gun to the State's head? No, we do not like to think of it like that. We prefer to think of this in terms of having a clear mandate from our owners though this is clearly an Aughinish-managed operation, an Irish-managed operation. We have their commitment: they have spent €40 million already in four years and they are willing to spend €100 million on the plant operation and the balance, another €100 million, on a CHP operation, once there is clarity about the various items with which we have to work. We need clarity as to where we will be in relation to an emissions trading directive. What cap will we have and how will it be applied? What will it cost? Can we be sure that we will not be double-taxed in Ireland? In other words, that we will we not have to pay an energy tax directive because we are paying the equivalent under an emissions trading directive. Is there something in place that will guarantee us more or less the price we pay for electricity for the price we would generate in a CHP plant? We are seeking more certainty to allow us to go forward rather than putting a gun to the head.

Deputy Neville asked whether the bottom-up approach was progressive and would it progress to a top-down approach? The directive states that the national allocation plan can utilise either approach or a combination of both. For a company in a unique position such as ours, the negotiated approach is by far the most applicable. However, it would be progressive and would show our emissions decreasing year on year as we adopt different best available technologies together with what is already in place and, I hope, a CHP plant. I do not know whether it would result ultimately in a top-down approach. There would always be some form of hybrid between top-down and bottom-up approach where it makes more sense because it does not warrant a full negotiated agreement. Perhaps the company will not want that because the impact will be such that it does not need this approach. A bottom-up approach, based on an independent energy audit, leading into a negotiated agreement, with binding targets would be fair, allow us to discharge our environmental obligations and keep us going as an economic entity in the mid-west.

I thank Mr. Clancy, Mr. Garland and Mr. Sweeney for a clear presentation. I also acknowledge, as have other members, the huge contribution Aughinish Alumina has made to Limerick city and county and, indeed, to the whole mid-west region. They have done this while maintaining the highest standards. All of us would like to ensure that Aughinish Alumina can progress and develop along the lines suggested in the presentation.

Is the increase in emissions of 20% since 1990 due to greater productivity or have some fundamentals changed? Is it the understanding from talks with officials at the Department of the Environment, Heritage and Local Government that the Government has agreed in principle that a negotiated agreement which is firm-specific or industry-specific will be part of the overall programme or is that still an issue for negotiation?

There are two items in the presentation on which the representatives might expand. There was mention that one competitor, Stade Alumina, Hamburg, received statements that it will not be materially affected by any emission capping. There was reference also to discussions at European level and the expectation on the part of the EU Commission that Ireland would grant the company an exemption. Perhaps the representatives would indicate what sort of discussions they had and whether there is written or verbal confirmation of these views.

Mr. Clancy

To answer Deputy Noonan's questions, the increase since 1990 is as a result of the increase in production rates. However, it does not have a direct linear relationship because we have become more productive in that period through energy management. While it is not directly related to our production rate, it is related to it. On our talks with officials of the Department, it is fair to say that the Sustainable Energy Ireland pilot, which is currently in progress, is due to be completed around now. The Department of the Environment, Heritage and Local Government is looking forward to the report from Sustainable Energy Ireland. It will make a recommendation at that point after which it will be over to the Minister for the Environment, Heritage and Local Government to decide to what extent negotiated agreements are integrated into their thinking. I do not believe a decision has been made in that regard.

Stade, the alumina plant outside Hamburg in Germany, has already received signals that it will not be materially affected by emissions capping. The gap Ireland must bridge between its emissions today and where it must be in 2010 is approximately 25%. That number changes quite often because it is based on the latest updates from the EPA or whatever. Essentially, it is currently viewed as approximately 25%. In Germany the gap is 4%. The gap to be closed in Germany is far lower than in Ireland. The intention is to be able to capitalise on that fact within industry and other groupings, so that the cap effectively put in place for that plant will not materially affect it. They have already received that signal from local government.

In regard to the EU position on exemption for Aughinish, the directive on emissions trading lists us specifically as a company which is involved in emissions trading. We will be subject to emissions trading tax. The energy tax directive, which relates to the energy carbon tax, states it would be expected that no double taxation would apply. We met with members of the EU Taxation Commission in Brussels approximately a month ago and they stated verbally, not in writing, that in view of the position adopted by the Irish Government on tax - it is the Irish Government's wish to determine its own tax rules - they expect an exemption will be given to Aughinish on energy carbon tax because we will already be paying an equivalent tax under emissions trading. It is not an exemption from tax, it is an assurance of no double taxation.

The rates bill in Hamburg is approximately €300,000 while the rates bill to Limerick County Council is approximately €2 million. This is very important to Limerick County Council.

It is important to put this matter in context. The German experience is benefiting from the fact that the German Government is the second best performer after Luxembourg, in terms of reducing greenhouse gases in Europe. It is 19% below its 1990 level at this stage. We are more than 30% above our 1990 levels. Essentially, Aughinish is a victim in the challenge it faces of lack of progress by the Irish Government. Unfortunately, that is the context in which Aughinish must fight its corner in that there is not a lot of wriggle room, so to speak, whereas the Germans have more wriggle room because they have been able to go far beyond the EU bubble of below 8% for the whole of the EU. They are able to allow heavy industry to get the treatment to allow its viability to continue in that sense. We have all got a job to do here to allow business in Aughinish to continue within the context of a better forming national figure.

Mr. Clancy

While I agree with the Deputy I would add that the German experience is gaining from the fact that it unified with East Germany.

I thank the representatives for a precise and clear presentation. I agree with Deputy Noonan that the value of this company to the area in terms of employment and economics is evident. The problems it has have been highlighted in the presentation.

Does the amount of money the company spent on research and development include environmental issues or is it purely industrial?

Mr. Clancy

It is largely targeted industrial but approximately one-third links back to the environment. By its very nature, having a more efficient operation means less waste, which improves our costs. Research and development always targets the shortest payback possible and that is one of the reasons we carry it out locally. Anything that improves our efficiency, be it energy or materials efficiency, ultimately leads to less waste which in turn makes us more energy efficient and more environmentally friendly.

Does the 20% increase concern CO2 or is it all greenhouse gases?

Mr. Garland

Essentially, for us it is CO2.

Mr. Clancy

Our move from 3% sulphur to 1% sulphur and our tightening IPC licence has resulted in a significant drop in our SO2 and NOx emissions. There has been a decrease from 18,000 down to 6,000 tonnes from SO2 alone. We are continuing to reduce all emissions progressively. However, that answer was specifically geared to CO2.

I thank Mr. Clancy and his colleagues for a fine presentation. It was worthwhile from our point of view and I hope it was the same for them. I assure them of our fullest support and we look forward to Glencore investing that additional €200 million in west Limerick.

I thank the delegation for attending. It has been a worthwhile exercise. We realise from the presentation the dilemmas the company faces. The company has operated successfully for the past 20 years and we would like to see it reach a stage that will allow it to continue trading successfully and at the same time allow the Government to meet its obligations. Hopefully, we can marry the two. As a committee we will try to keep a handle on the issue and will decide at our level how to proceed with the matter.

During Select Committee consideration of the Protection of the Environment Bill the subject of waste management plans at local authority level arose as did the employment of consultants by local authorities. In view of that I suggest the committee should write to all local authorities seeking a copy of their waste management plan, the name of the consultant engaged and the amount paid to him or her. Is that agreed? Agreed.

The joint committee will consider the strategy statement of the Department of the Environment, Heritage and Local Government at its next meeting.

The joint committee adjourned at 3.45 p.m. until 2.30 p.m. on Wednesday, 9 July 2003.
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