Industrial Policy & Trade Monitor· 2663 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.

Decree-Law No. 104 of 10 August 2023 ("Decreto Asset" / Omnibus Decree, GU n.186 of 10 Aug 2023, in force 11 Aug 2023) was converted with amendments into Law No. 136 of 9 October 2023 (GU n.236 of 9 Oct 2023). The conversion law materially expanded Italy's "Golden Power" foreign-direct-investment screening regime (DL 21/2012). Two key extensions: (i) intra-group transactions involving entities outside the EU are no longer exempt from the exercise of special powers — only the prior notification carve-out was preserved; (ii) acts, resolutions and operations concerning intellectual-property rights in artificial intelligence, semiconductor production, cybersecurity, aerospace, energy storage, quantum and nuclear technologies, and food production technologies fall within scope when one or more counter-parties sit outside the EU. The Prime Minister also obtained an explicit veto power over transactions creating "exceptional situations" not already covered by sectoral or EU prudential / merger rules, including those touching qualifying holdings in the financial sector.

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.