Stora Enso


CompanyFinancialsSustainability

Financial Review

Quarterly Figures

Risk Management

Board Report

Auditors' Report

Share

Governance

Notes

Financial Statements








    FinancialsNotesNote 26 Commitments and Contingencies

Note 26 Commitments and Contingencies


   
Notes to the Consolidated Financial Statements


 

Commitments

  As at 31 December
EUR million 2002 2003 2004
       
On Own Behalf      
    Pledges given (1) 0.8 3.8 0.8
    Mortgages 111.4 103.5 118.8
On Behalf of Associated Companies      
    Mortgages 1.0 0.8 0.8
    Guarantees 59.3 48.4 209.3
On Behalf of Others      
    Pledges given 0.3 2.2 -
    Mortgages - 10.9 -
    Guarantees 16.8 13.1 6.8
Other Commitments, own      
    Operating leases, in next 12 months 41.5 34.3 32.6
    Operating leases, after next 12 months 237.2 171.2 159.2
    Pension liabilities 2.7 3.0 2.2
    Other contingencies 71.5 95.9 92.5
Total 542.5 487.1 623.0
       
    Pledges given 1.1 6.0 0.8
    Mortgages 112.4 115.2 119.6
    Guarantees 76.1 61.5 216.1
    Operating leases 278.7 205.5 191.8
    Pension liabilities 2.7 3.0 2.2
    Other contingencies 71.5 95.9 92.5
Total 542.5 487.1 623.0

(1) Pledged assets consist of marketable securities, inventories and fixed assets.

Other Contingencies include a contingent liability, relating to exposure to hazardous substances and environmental matters, pursuant to certain indemnification provisions granted in connection with the 1994 divestment of the Tarkett Group, the flooring business of the former Stora Kopparberg Bergslags AB. The Group’s maximum aggregate liability under the hazardous substance indemnification is limited to USD 62.5 (EUR 45.9) million, under the on-site environmental indemnification, SEK 328 (EUR 36.4) million, and under the off-site environmental indemnification, without limit. One off-site indemnification matter is pending, but is expected to be closed shortly, and a further three on-site matters are outstanding. Stora Enso does not expect any further claims and estimates that the aggregate liability for the environmental liabilities will not exceed EUR 1.0 million; however, the limitations period for claims to occur does not expire until 2024.

Outstanding balances under binding Purchase Agreements amount to EUR 4 362 (EUR 1 990) million, of which contracts for materials and services amount to EUR 3 868 (EUR 1 610) million and for capital expenditure commitments, EUR 494 (EUR 379) million. The principal commitment for materials relates to wood supplied from the Group’s Swedish forest Associate, Bergvik Skog AB, and Group risk management of power supplies by entering into long-term fixed price contracts; the principal service commitments relate to shipping and terminal facilities. The Kabel Mill take or pay power supply contract also provides for a penalty clause of EUR 40 million for early termination; it was also the largest contract in 2003, then valued at EUR 288 million. Stora Enso Oyj has also signed a 15 year take or pay contract with Nordsjöfrakt AB for the operation of ships between Finland and Sweden, thus the Group‘s commitment of EUR 217 million is also its contingent liability in the event of early termination.

The largest contract for capital expenditure in 2004 amounted to EUR 233 million for the new paper machine to be supplied to Kvarnsveden Mill in Sweden; the two largest contracts in 2003 were EUR 67.1 million for a new recovery boiler at Skoghall Mill in Sweden and EUR 38.0 million for the rebuild of PM 6 at Maxau Mill in Germany.

Purchase Agreement Commitments as at 31 December 2004

  Type of   Years Contract Scheduled Contract Payments
EUR million Supply Country Left Total 2005 2006-7 2008-9 2010 +
                 
Materials & Supplies                
    Stora Enso Skog AB Wood Sweden 14 1 738 138 257 251 1 092
    Stora Enso Oyj Gas Finland 1 60 60 0 0 0
    Stora Enso North America Corp Electricity USA 14 118 14 29 32 43
    Stora Enso Kabel GmbH & Co KG Electricity Germany 7 224 32 64 64 64
    Stora Enso Langerbrugge NV Electricity Belgium 2 43 22 21 0 0
    Stora Enso Reisholz GmbH & Co KG Electricity Germany 7 104 16 32 32 24
    Stora Enso Kvarnsveden AB Electricity Sweden 9 153 17 34 34 68
    Stora Enso Baienfurt GmbH & Co KG Electricity Germany 6 111 19 37 37 18
    Stora Enso Transport & Distribution AB Shipping Sweden 10 80 8 16 16 40
    Stora Enso Transport & Distribution AB Shipping Denmark 10 135 13 27 27 68
    Stora Enso Oyj Shipping Sweden 15 217 13 26 26 152
    Stora Enso Transport & Distribution Ltd Terminal UK 15 218 15 29 29 145
    Others - - - 667 205 230 68 164
        3 868 572 802 616 1 878
Capital Expenditure                
    Stora Enso Kvarnsveden AB Machinery Sweden - 233 220 13 - -
    Stora Enso Skoghall AB Machinery Sweden - 44 44 - - -
    Others - - - 217 185 32 - -
        494 449 45 - -
                 
Total Contractual Commitments       4 362 1 021 847 616 1 878

Guarantees are made in the ordinary course of business on behalf of associated companies and occasionally others; the guarantees, entered into with financial institutions and other credit guarantors, generally obligate the Group to make payment in the event of default by the borrower. The guarantees have off-Balance Sheet credit risk representing the accounting loss that would be recognised at the reporting date if counterparties failed to perform completely as contracted. The credit risk amounts are equal to the contract sums, assuming the amounts are not paid in full and are irrecoverable from other parties.

Stora Enso Oyj has guaranteed the liabilities of many of its subsidiaries up to a maximum of EUR 748.5 (EUR 966.3) million as of 31 December 2004.

Stora Enso Oyj guaranteed the pension liabilities of its Swedish subsidiaries at the time of the 1998 merger; as of 31 December 2004, this guarantee amounted to EUR 258.4 (EUR 252.8) million, but maturity dates cannot be determined with any certainly.

Stora Enso Reisholz GmbH & Co. KG in Germany has given a guarantee to an energy supplier such that should it close its mill, it will pay compensation of EUR 1 million per annum until 2011.

Stora Enso Transport and Distribution AB, Sweden, has a time charter party with Wagenborg Scheepvaart B.V. of the Netherlands (“WSBV”) concerning three vessels; WSBV has, in turn, chartered the three vessels from owners in Denmark. At the expiry of the three charter parties in 2015, Stora Enso Oyj has guaranteed to pay the owners an amount equal to the difference between the stipulated loss value and the net sale price obtained by the owners, however, always limited to 6/21 of the original facility amount. The maximum Group exposure under this guarantee amounted to EUR 32.8 (EUR 32.8) million at the year end.

The Group leases office and warehouse space under various non-cancellable operating leases, some of which contain renewal options. The future cost for contracts exceeding one year and for non-cancellable operating leasing contracts are:

Repayment Schedule of Operating Lease Commitments

  As at 31 December
EUR million 2002 2003 2004
       
Less than 1 year 41.5 34.3 32.6
1-2 years 42.4 26.0 27.1
2-3 years 25.7 21.2 22.8
3-4 years 19.3 17.8 18.9
4-5 years 18.5 16.9 17.1
Over 5 years 131.3 89.3 73.3
  278.7 205.5 191.8

Contingent Liabilities

Stora Enso is party to legal proceedings that arise in the ordinary course of business and which primarily involve claims arising out of commercial law. The Group is also involved in administrative proceedings relating primarily to competition law. The Directors do not consider that liabilities related to such proceedings, before insurance recoveries, if any, are likely to be material to the Group financial condition or results of operations.

In May 2004 Stora Enso was the subject of inspections carried out by the European Commission and the Finnish Competition Authority at locations in Europe and received subpoenas issued by the US Department of Justice as part of preliminary anti-trust investigations into the paper industry in Europe and the US. The investigations by the authorities in both jurisdictions are at a fact-finding stage only and no formal allegations have been made against the Group or any of its employees. Coincident with these investigations, Stora Enso was named in a number of class action lawsuits filed in the US. No provisions have been made.

Stora Timber Finance B.V. has been found responsible for soil pollution at the Port of Amsterdam, but has appealed the decision to the Court of Appeal in Amsterdam; EUR 2.4 million was recorded as a provision at 31 December 2003.

















   Feedback   |   Web Site Map   |   Legal notice © Copyright Stora Enso 2002-2005