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ETX-10829_Etex-AR2017_WEB_2018_DEF2 (2)

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6.1<br />

Financial report<br />

Consolidated financial statements<br />

<strong>Etex</strong> Annual Report 2017<br />

Financial report<br />

Consolidated financial statements<br />

Litigation provisions<br />

Litigation provisions mainly include estimated future outflows relating to, various direct and indirect tax litigations, litigations with<br />

customers, former employees, suppliers and other parties.<br />

Other provisions<br />

Other provisions include mainly estimated future outflows for environmental obligations and restructuring.<br />

The Group meets all obligations imposed by relevant laws with respect to land decontamination and site restoration. Where requested,<br />

necessary expenses are made and provision for future estimated costs are set-up. At 31 December 2017, these provisions amount to<br />

€26,734 thousand (€24,705 thousand in 2016).<br />

Restructuring provisions relate mainly to restructuring of companies in Germany. Further information is disclosed under note 4.<br />

Note 20 – Commitments and contingencies<br />

Health claims<br />

There has been a history of bodily injury claims resulting from exposure to asbestos being lodged against subsidiaries of the Group for a<br />

number of years. The Group’s approach is to provide for the costs of resolution which are both probable and reliably estimable (refer to<br />

note 19 on provisions). At present the provision for the costs which are both probable and can be reliably estimated cover up to 25 years<br />

of estimated gross costs. Whilst further claims are likely to be resolved beyond this timeframe, the associated costs of resolution are not<br />

able to be reliably estimated and no provision has been made to cover these possible liabilities, which are considered contingent.<br />

Legal claims<br />

In the ordinary course of business, the Group is involved in lawsuits, claims, investigations and proceedings, including product liability,<br />

commercial, environment and health and safety matters, etc. The Group operates in countries where political, economic, social and legal<br />

developments could have an impact on the Group’s operations. The Group is required to assess the likelihood of any adverse<br />

judgements or outcomes to these matters, as well as potential ranges of probable losses. The effects of such risks which arise in the<br />

normal course of business are not foreseeable and are therefore not included in the accompanying consolidated financial statements.<br />

Guarantees<br />

At 31 December 2017, the Group issued the following guarantees to third parties:<br />

In thousands of EUR 2016 2017<br />

Guarantees issued after business disposals 123,540 119,201<br />

Guarantees issued by the Group to cover the fulfilment of Group companies obligations 873,530 684,517<br />

Guarantees issued by Third Parties to cover fulfilment of the Group companies obligations 457 556<br />

Secured debt 55,038 50,508<br />

Guarantees issued by the Group to cover the fulfilment of Group companies’ obligations consists mainly of the joint and several cross<br />

guarantees provided by the group and its affiliates relating to our outstanding syndicated credit facility (€600 million), commercial paper<br />

program (€200 million), Schuldschein loan (€300 million), as well as securities issued to guarantee other commitments (€435 million).<br />

The values disclosed in the above table are based on outstanding amounts.<br />

Secured debt includes mortgages and pledges provided in Japan, Brazil and Romania to cover local credit facilities in 2017.<br />

Commitments<br />

In the ordinary course of business, the Group enters into purchase commitments for goods and services and capital expenditures, buys<br />

and sells investments and Group companies or portions thereof. At 31 December 2017 <strong>Etex</strong> had purchase commitments of €11,632<br />

thousand (€4,298 thousand in 2016). Commitments are mainly related to a new machine in Indonesia and a new production line in<br />

Argentina.<br />

Commitments relating to operating leases are disclosed in Note 23.<br />

Note 21 – Employee benefits<br />

Defined contribution plans<br />

For defined contribution plans Group companies pay contributions to pensions funds or insurance companies. Once contributions have<br />

been paid, the Group companies have no further significant payment obligation. Contributions constitute an expense for the year in which<br />

they are due. In 2017, the defined contribution plan expenses for the Group amounted to €13,595 thousand (10,354 thousand in 2016).<br />

Defined benefit plans<br />

Some Group companies provide defined benefit pension plans to their employees as well as defined benefit medical plans and early<br />

retirement plans.<br />

<strong>Etex</strong> Annual Report 2017 p. 45<br />

<strong>Etex</strong> Annual Report 2017 p. 46<br />

140 141

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