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17/03/2023

The IRA Has A Greater Focus Than Just Tackling Climate Change

The IRA Has A Greater Focus Than Just Tackling Climate Change
 Georgina Wright
Author
Resident Senior Fellow and Deputy Director for International Studies
 Louise Chetcuti
Author
Project Officer - United States and Transatlantic Affairs

Europe is right to worry that the Biden administration’s Inflation Reduction Act (IRA) could harm Europe’s clean tech industry. But relying on the US to grant exemptions to EU companies will not solve the problem, argue Georgina Wright and Louise Chetcuti.

European Commission President Ursula von der Leyen visited the White House on March 10th with one aim in mind: reducing the impact of the Inflation Reduction Act (IRA) on European clean tech companies. Her visit came a day after the EU loosened its own subsidy rules to try and prevent EU firms from relocating to the US.

The IRA, adopted last August, is Washington’s most ambitious effort to reduce US carbon emissions. The US wants to lead the world’s fight against climate change by boosting “clean” energy production in North America, and is ready to provide billions of dollars worth of tax breaks and subsidies to get there. It wants to become the leading clean tech industrial powerhouse and thinks this competition will help to drive down the costs of green tech globally.

Von der Leyen’s visit resolves only part of the problem. The good news is that President Biden has suggested that electric vehicles (EVs) produced in Europe will now qualify for clean vehicle tax credits under the IRA subsidy program. IRA subsidies include rigid local component requirements which mean that companies can only benefit from them if they source or produce their goods in North America (with some exceptions for countries that have a trade agreement with the US). The EU and US have also agreed to set up a Clean Energy Incentives Dialogue, under their Trade and Technology Council (TTC), to better coordinate their respective investments in the clean energy industry and to share information about supply-chain risks for critical raw materials.

The dollar will remain strong and US energy prices lower than they are in Europe. In other words, the US will remain attractive with or without IRA exemptions.

But challenges remain. For starters, US companies may not want the US to grant their European competitors any favors. Some could even decide to challenge these exemptions in court. Nor will it change the fact that the US market is big and far better at scale-ups (a 2019 report found that there were 23,000 scale-ups in the US, versus 7,000 in Europe). The dollar will remain strong and US energy prices lower than they are in Europe. In other words, the US will remain attractive with or without IRA exemptions.

 

The EU debate also misses out on some of the security and political drivers behind the IRA. The IRA is the latest in a series of huge spending and investment commitments by the Biden administration. It follows the July 2022 CHIPS and Science Act (worth $39 billion) and the 2021 Bipartisan Infrastructure Deal (worth $1.2 trillion). Clearly, President Biden is hoping that these will not only lead to more jobs, investment and wealth but that they will reduce US dependence on “foreign entities of concern” in critical sectors.

Exemptions under the IRA will not be enough to guarantee the survival of the EU’s industrial clean tech sector. More needs to be done to strengthen its own industrial policy. The European Commission’s proposed Green Deal Industrial Plan is a step in the right direction. A stronger US-EU dialogue around supply chains can help. But if the EU wants to be heard in the US beyond the White House, it will need to show that it understands all the drivers behind the IRA.

But if the EU wants to be heard in the US beyond the White House, it will need to show that it understands all the drivers behind the IRA.

A climate imperative

There are several motivations behind the IRA, the first being responding to climate change. For years, the US has been criticized for doing too little to address it. Under President Biden, the US has not only rejoined the Paris Agreement but also passed the Bipartisan Infrastructure Deal which allocates federal money to infrastructure projects that focus on climate change mitigation and resilience.

The IRA is the administration’s latest attempt to green the world’s largest economy. Congress has directed nearly $370 billion (roughly €350 billion) worth of tax breaks and subsidies into US green energy production and manufacturing, in particular for electric vehicles, solar panels and batteries that are produced in North America. It also provides $40 billion in tax credits (roughly €37 billion) to promote carbon capture, clean hydrogen and investment in clean energy technologies - and unlike the EU subsidies, these are largely uncapped.

While IRA assistance only amounts to around 0.5% of US GDP, it’s the most generous assistance awarded by any world economy, bar China. And unlike EU state aid, most of these subsidies can be used for manufacturing needs as well as R&D. The strategy seems to be working: according to the US Clean Power Association, there are at least 20 new or expanded green manufacturing plants in the US, of which 50% are foreign. South Korea’s Hanwha Q-Cells, for instance, announced a $2.5bn solar factory expansion in Georgia in January. Volkswagen is also said to have put on hold a planned battery plant in Eastern Europe to expand production in the US instead.

Biden is hoping that these incentives will drastically reduce the US’ carbon emissions by 40% by 2030 (compared to 2005 levels) and cement America’s climate leadership.

Biden is hoping that these incentives will drastically reduce the US’ carbon emissions by 40% by 2030 (compared to 2005 levels) and cement America’s climate leadership. According to Swiss bank Crédit Suisse, the IRA could spur $1.7 trillion in investment in US green tech over the next ten years. By reviving domestic supply chains and manufacturing, the US is also hoping to drive down costs of clean tech globally by almost 25%.

While EU governments support the US’ climate ambitions, they fundamentally disagree with how the US is going about it. Today, more than a quarter of the world's electric vehicle production is European and the US has traditionally been an important market for European EVs. For the EU (but also many other allies of the US), the rigid local component requirements found in IRC Section 30D of the IRA are seen as a protectionist move designed to boost US green tech companies at the expense of European ones. It also confirms that the US, like China, is placing national preference at the heart of its industrial policy.

Biden has said that the US and the EU would begin negotiating a critical minerals agreement which, if adopted, would make minerals extracted or processed in the EU eligible for IRA clean vehicle tax credits.

But it’s not clear whether this targeted deal would stand the legal test. A free trade agreement is clearly delineated in US law so US companies could still challenge these exemptions in court – especially if they think this gives EU companies an unfair competitive advantage. After all, many US companies also accuse the EU of restricting market access. It’s the case for some data and digital companies which see the Digital Markets Act as a form of EU protectionism.

A free trade agreement is clearly delineated in US law so US companies could still challenge these exemptions in court.

Supply chain dilemmas

A second rationale behind the Inflation Reduction Act is to lessen US reliance on China and other states for critical raw materials that are used in clean technologies. Since 2010, China has consistently outspent the US on clean energy. Today it is the largest commercial beneficiary of the clean energy transition thanks to its centrality in clean energy technology supply chains. On top of solar and wind, it is now the undisputed leader in electric vehicles.

This poses two challenges to the US. First, there is a growing bipartisan view that China’s vast assistance to Chinese clean tech is skewing global competition. For many in Washington, the only way to compete is to provide incentives for US production. Second, while trade between the US and China has grown over the past year, there are concerns that the US is too dependent on China for the supply of critical raw materials. China is the dominant player in global mineral processing that is essential to its climate transition (68% of nickel, 40% of copper, 59% of lithium, and 73% of cobalt are refined in China). On top of that, it is a strategic player in later stages of the supply chain, for manufacturing battery cell components for example. The EU’s clean energy supply chains, for their part, are also heavily dependent on China’s rare earths and lithium.

To respond to these challenges, the US wants to stimulate the development of domestic critical minerals supply chains and link these with “countries whose values it shares”, like the EU. Interestingly, the IRA has already led some US-based companies to readjust their supply chains. Others, like US miner Albermarle, the world’s largest lithium producer, have raised earnings guidance and sales targets. The European Commission is also hoping to introduce targets for local production for 2030. These would not be as strict as in the US but they would encourage EU companies to consider the security of supply in call for tenders. The EU’s Net Zero Industry Act, published today, still needs to be discussed in the Council, the grouping of the 27 member states, and in the European Parliament.

Massively upscaling green tech production in the US will be difficult if there aren’t enough minerals available to meet production needs.

Yet, meeting the IRA’s local component demands will not be easy. Many car companies need minerals like lithium, cobalt, graphite and nickel which are located in countries with which the US does not have a trade agreement. The Democratic Republic of Congo hosts nearly 70% of global cobalt extraction; Indonesia sources 30% of nickel; Malaysia has 12% of rare earths. Several industry executives claim they will not be able to meet IRA demands for battery components on their own and may need more time. Massively upscaling green tech production in the US will be difficult if there aren’t enough minerals available to meet production needs.

 

The Biden Administration knows this and has various strategies to meet demand. In April 2022, it invoked the Defense Production Act to fund the mining, processing and recycling of critical materials in the US. Later in June, the administration announced the Minerals Security Partnership (MSP) – dubbed “a metallic NATO” – to bolster critical mineral supply chains. MSP partners include Australia, Canada, Finland, France, Germany, Japan, the Republic of Korea, Sweden, the UK, the US, and the EU, represented by the European Commission. Both reflect a new strategic emphasis on friend-shoring and reducing dependence on China in strategic sectors.

A political imperative

A third rationale behind the IRA is to bolster America’s industrial strength, with a focus on job and wealth creation at home. President Biden was elected on the promise to “build back better,” and more recently, he committed to “create 1 million auto industry jobs”. Clearly, he needs to show Americans that he can overhaul the economy without losing jobs - especially if he is planning to run for re-election next year.

The IRA is no exception. It follows up on Biden’s campaign promise to deliver for working families and grow US competitiveness, which many see as being lost to globalization. On a recent trip to the TSMC semiconductor plant in Phoenix, Arizona, President Biden added that soon “America will be shipping products overseas – not jobs”.

But to pass this bill, Biden had to bridge bipartisan factions. On the left, he was – and still is – under increasing pressure from young voters, climate activists, and social movements to deliver a more progressive climate agenda. But on the right, he faces resistance from the Republican Party. The focus on public investment (which the EU criticizes) was key to guiding the policy past Republican opposition and preventing the Senate filibuster.

The IRA also responds to domestic pressures to reduce inflation, which was as high as 8.3% in August when the bill passed.

The IRA also responds to domestic pressures to reduce inflation, which was as high as 8.3% in August when the bill passed. The bill aims to reduce budget deficits while providing social safety benefits. On health care provisions, for instance, it expands Affordable Care Act subsidies by 3 more years through a $64 billion investment. The $35 cap on insulin is expected to translate into big savings for senior citizens. It also sets aside $250 million for agricultural research, namely in a bid to reduce CO₂ emissions. The IRA is a key component of Biden’s domestic agenda, which he referred to as “one of the most significant laws in our nation’s history”.

The IRA is a complex bill. When the final text passed in August 2022 (extremely narrowly, with a 220-to-207 party vote line in the House and a 51-50 one in the Senate) it was thanks to intense negotiations between Senator Joe Manchin (Democrat) and Senate Majority Leader Chuck Schumer (Democrat). This partly explains why the US did not consult its allies about the IRA – but also why it is complicated for the US administration to change it, even if it wanted to.

Moving past the transatlantic friction

For all its challenges, the IRA puts clean tech opportunities at the center of the climate policy conversation. Time will tell whether the IRA was really about climate change or whether, as some critics have claimed, it was about making the US economy stronger in one of the sectors it was lagging behind in.

Next year, both sides of the Atlantic will hold important elections (EU parliamentary elections on one side, US presidential ones on the other). The Biden administration is unlikely to tear down a policy that is so central to its campaign promises. Rather than wait on the US, the EU must take more steps to strengthen its clean tech industry by providing faster and more generous support, simpler and more transparent government procurement rules, and more investment in skills and the supply of critical raw materials.

 

 

Copyright Image: Mandel NGAN / AFP

US President Joe Biden meets with European Commission President Ursula von der Leyen in the Oval Office of the White House in Washington, DC, on March 10, 2023.

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