La rinascita della Scala, 80 anni dopo
di Carla Moreni
The commissioners of Ilva and Acciaierie impose a squeeze and Flacks seeks to accelerate the takeover of the company from extraordinary administration. 12 March is the date set by the commissioners to clarify the operation and 'no later than' this date Michael Flacks, head of the American fund of the same name, announces that he intends to present the complete documentation to take over the company. The documentation 'will include a revised business plan, evidence of the acquirer's entity status, a capital commitment letter, and other evidence of significant assets'. In addition, Flacks Group said that it is in discussions 'with key industrial partners', which are expected to be Ukrainian steel group Metinvest and Italian steel plant technology company Danieli. There would also be a trading partner role in the deal for the Marcegaglia group, already a customer of the former Ilva, which would maintain the supply and could even increase it in the future. 'If the documentation is deemed acceptable, the group expects to sign a binding acquisition agreement by the end of March,' Flacks comments.
Flacks' acceleration comes the day after the summit (on 5 March) at Palazzo Chigi between the government, commissioners of the two extraordinary administrations, trade unions and Invitalia. But the date of 12 March comes, as mentioned, because the commissioners indicated it in the letter sent to Flacks. The deadline of 12 was therefore set by the commissioners and Flacks responded. That there was another letter leaving for Flacks, one of the three commissioners of Acciaierie, Giovanni Fiori, had anticipated at the meeting in Chigi.
On that occasion, Fiori said: 'We are analysing very carefully the plan presented by Flacks, which on some points is still not entirely satisfactory. We will send an ultimatum letter to Flacks, asking them to clarify all these aspects and to define the industrial partner, as requested by the government. We will never bring to Palazzo Chigi an industrial plan that does not offer all the necessary guarantees'. 'This is,' added Fiori on Flacks, 'the only party to have submitted a proposal without any particular conditions of financial support from the government and with a commitment to put up an initial EUR 250 million of equity from the outset. However, we feel it is our duty to further investigate the guarantees on the funds required for the continuation of the investments, which involve very significant sums. We have also asked for reassurances,' Fiori continued, 'on the cost of the ETS, because from the ArcelorMittal management we have inherited the non-exclusion from the payment of what is in fact a tax.
The negotiations held in recent weeks between Flacks and the commissioners have enabled progress to be made, say sources on the file. However, three crucial aspects remain to be clarified: the resources for investment, the sustainability of the industrial plan, and the presence of partners in the sector to support Flacks in the operation. These are also the stakes placed by the government, with Enterprise Minister Adolfo Urso giving the commissioners another three weeks to look into the matter.
Also weighing on the negotiations is the recent ruling of the Court of Milan, which will be appealed by Acciaierie's lawyers to the Milan Court of Appeal on Monday. The ruling requires Ilva and Acciaierie, respectively the owner and operator of the plants, to rewrite a series of environmental prescriptions included in the last AIA Authorisation issued in August by the Ministry of the Environment, detailing the timeframe for their implementation. According to the ruling, the two companies must do so by 24 August, otherwise the hot area of the iron and steel plant - where mineral parks, coke ovens, blast furnaces and steelworks are located - will have to be shut down.