Industrial Policy & Trade Monitor· 2667 actions· ✨ 89 recent

China's Ministry of Commerce and General Administration of Customs jointly announced (Announcement No. 33 of 2023) export-licensing controls on graphite products, effective 1 December 2023. The regime covers natural flake graphite and products thereof (including spherical graphite and graphite powder used in lithium-ion battery anodes) as well as high-purity, high-hardness, and high-strength synthetic graphite materials. Exporters must obtain dual-use-item licences from MOFCOM citing end-user and end-use; licences are granted at MOFCOM's discretion. The announcement came three days after the 17 October 2023 BIS advanced-chip-controls expansion, continuing the proportional-response pattern established with Ga/Ge in July.

The European Commission approved a Hungarian horizontal state-aid framework scheme of approximately EUR 2.36 billion (HUF 920 billion equivalent) under Section 2.8 of the EU Temporary Crisis and Transition Framework (TCTF, adopted 9 March 2023) to support accelerated investments in strategic net-zero sectors: batteries, solar panels, wind turbines, heat pumps, electrolysers, CCS equipment, key components for each, and the production or recovery of related critical raw materials. Aid is provided in the form of direct grants, tax advantages, and refundable advances; all aid must be granted before 31 December 2025. The scheme is the principal state-aid architecture through which Hungary has channelled Chinese and Korean battery/EV-supply- chain FDI into its emerging Debrecen–Szeged–Göd-Nyíregyháza industrial cluster, and is the parent umbrella under which individual large-scale aid decisions for CATL Debrecen, BYD Szeged, EVE Power Debrecen, Samsung SDI Göd, Sunwoda Nyíregyháza, and EcoPro BM have been or will be assessed.

Regulation (EU) 2023/1542 establishes a comprehensive EU statutory framework for all battery categories (portable, SLI, LMT, EV, industrial), imposing supply-chain due-diligence obligations for cobalt, lithium, nickel, and natural graphite; mandatory recycled-content thresholds; carbon-footprint declarations; a digital battery passport; and ambitious collection and recycling-efficiency targets, with rolling application dates running from February 2024 through August 2036. It repeals Battery Directive 2006/66/EC and applies to every economic operator placing batteries on the EU market, binding every EV, consumer-electronics, and stationary-storage supply chain that relies on DRC cobalt, Australian/Chilean lithium, Indonesian/Philippine nickel, and Chinese/Mozambican graphite.

Regulation (EU) 2022/2560 on foreign subsidies distorting the internal market — the EU Foreign Subsidies Regulation (FSR) — entered into force on 12 July 2023, with notification obligations becoming applicable from 12 October 2023. The FSR gives the European Commission powers to investigate financial contributions granted by non-EU governments to companies active in the EU, and to impose remedies (commitments, redressive measures, prohibitions) where such subsidies are found to distort competition. Three review tools: (i) notifiable concentrations (M&A above €500m EU turnover + €50m foreign financial contributions); (ii) notifiable public procurement bids (€250m+ contract value + €4m foreign contributions); (iii) ex-officio investigations of any other market situation. Although neutral on its face, the regime has been used predominantly against Chinese-state-backed bidders + investors.