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Trade Rules Trump Climate Action: U.S. Blocks India’s Ambitious Solar Plans

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Trade Rules Trump Climate Action: U.S. Blocks India’s Ambitious Solar Plans
Alex Kirby, Climate News Network | February 26, 2016 10:11 am

India has been told that it cannot go ahead as planned with its ambitious plan for a huge expansion of its renewable energy sector, because it seeks to provide work for Indian people. The case against India was brought by the U.S.

The ruling, by the World Trade Organization, says India’s National Solar Mission—which would create local jobs, while bringing electricity to millions of people—must be changed because it includes a domestic content clause requiring part of the solar cells to be produced nationally.


Sun-tracking discs at a vast solar thermal power plant in Rajasthan, India. Photo credit: Brahma Kumaris / Flickr
What a difference two months make. On Dec. 12 last year, U.S. President Barack Obama praised the Paris agreement on tackling climate change, just hours after it was finally concluded. “We’ve shown what’s possible when the world stands as one,” he said, adding that the agreement “represents the best chance we have to save the one planet that we’ve got.”

Clear-Cut Victory

The World Trade Organization says that its dispute settlement panel “handed the U.S. a clear-cut victory … when it found that local content requirements India imposed on private solar power producers in a massive solar project violated trade rules, although the two sides are still discussing a potential settlement to the dispute.”

One official of India’s Ministry of New and Renewable Energy told India Climate Dialogue that the ruling might make the country’s solar plan more expensive and would definitely hit domestic manufacturing and, consequently, the possibility of creating jobs in the sector.

The government-funded program aims to generate 100 gigawatts of solar energy annually by 2022. One gigawatt is enough, for example, to supply the needs of 750,000 typical U.S. homes.

Sam Cossar-Gilbert, economic justice and resisting neoliberalism program co-ordinator at Friends of the Earth International, said the ruling “shows how arcane trade rules can be used to undermine governments that support clean energy and local jobs. The ink is barely dry on the UN Paris agreement, but clearly trade still trumps real action on climate change.”

Stumbling Blocks

“Trade agreements are often stumbling blocks for action on climate change. Current trade rules limit governments’ capacity to support local renewable energy, undermine clean technology transfer and empower fossil fuel companies to attack climate protection in secret courts. Trade policies are preventing a sustainable future, ” said Cossar-Gilbert.

“In the last three months alone, Ecuador was ordered to pay $1 billion for cancelling a petrol contract under a Bilateral Investment Treaty … Governments must be free to implement sound climate policy,” he continued.

“This ruling shows the dangers posed by more wide-ranging trade agreements such as the Trans-Pacific Partnership, Trade in Services Agreement and Transatlantic Trade and Investment Partnership, which will liberalize trade in dirty fossil fuels and restrict government options even further,” concluded Cossar-Gilbert.

Trade Rules Trump Climate Action: U.S. Blocks India’s Ambitious Solar Plans
 
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@Rain Man you may be interested in this as your were strongly supporting the climate change agreement.
 
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The expansion of domestic renewable energy capacity is a matter of national sovereignty, who cares about what America says?

WTO can be worked around.

It is not easy to work around the WTO rules. Unless dumping or subsidies can be proved, GoI cannot provide subsidies to Made in India solar panels.
 
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It is not easy to work around the WTO rules. Unless dumping or subsidies can be proved, GoI cannot provide subsidies to Made in India solar panels.
with the help of states GOI can work around easily...

a} Create a solar energy fund to provide loan to Genuine solar manufacturer at very low rate..

b} Tax holidays for solar manufacturers for a decade or so...

c} Provide land at low rate...
 
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@Rain Man you may be interested in this as your were strongly supporting the climate change agreement.

What's wrong with that agreement?

It is not easy to work around the WTO rules. Unless dumping or subsidies can be proved, GoI cannot provide subsidies to Made in India solar panels.

It can be worked around, apply import taxes in both foreign and domestic manufacturers, and subsidize the domestic manufacturers through indirect means, like SEZs.

with the help of states GOI can work around easily...

a} Create a solar energy fund to provide loan to Genuine solar manufacturer at very low rate..

b} Tax holidays for solar manufacturers for a decade or so...

c} Provide land at low rate...

Right!!
 
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with the help of states GOI can work around easily...

a} Create a solar energy fund to provide loan to Genuine solar manufacturer at very low rate..

b} Tax holidays for solar manufacturers for a decade or so...

c} Provide land at low rate...

It can be worked around, apply import taxes in both foreign and domestic manufacturers, and subsidize the domestic manufacturers through indirect means, like SEZs.

Right!!

Wishful thinking is not reality.

What you are talking about is Indirect subsidies. WTO has rules regarding that too. Under WTO rules Indirect Subsidies are not allowed and they are take into account too.

Subsidies are measured even when it involves indirect transfer of funds. via grants, loans, equity infusion, guarantees, tax holidays, service provided, goods supplied, use of special funding mechanism etc.

So any such action will only be temporary since the WTO will rule against it when the US companies take India to court again.
 
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with the help of states GOI can work around easily...

a} Create a solar energy fund to provide loan to Genuine solar manufacturer at very low rate..

b} Tax holidays for solar manufacturers for a decade or so...

c} Provide land at low rate...

Excellent ideas... :tup::tup::tup:

This is the way forward.. You cant be dependent on only imported components for renewable energy..We have to encourage more of localized manufacturing capability..

I say adding to these 3 points , one more will do the trick.. Categorize these renewable project loans from Financial Institutions and Banks as Priority Sector Lending ask Reserve Bank of India to make a category called as "Green Environment Loans"

By giving such a tag, all Banks will lend them at a cheaper rate and government and Fis both can arrange for cheaper cost of funds..

This way, the manufacturers burden due to triple effect of fixed cost due to land becoming lower (point C), lower tax rates (due to point B) and lower finance cost for capex (machinery equipment used in setting up plant) and opex (working capital) will give a good boost in costing aspect of each individually local manufactured unit..

This gives them a big boost..

Also if say foreign companies want a share of this pie, they can partner with a local Indian company for 51:49 JV with Foreign holding max 49% and manufacture locally and use the benefits..

After all tax holidays and loan concessions are for a company registered in India and holding as required by MCA only..

For any directly imported route, these benefits should not be applicable..

Few small steps and Kaboom.. WTO verdict is easily negated..
 
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Excellent ideas... :tup::tup::tup:

This is the way forward.. You cant be dependent on only imported components for renewable energy..We have to encourage more of localized manufacturing capability..

I say adding to these 3 points , one more will do the trick.. Categorize these renewable project loans from Financial Institutions and Banks as Priority Sector Lending ask Reserve Bank of India to make a category called as "Green Environment Loans"

By giving such a tag, all Banks will lend them at a cheaper rate and government and Fis both can arrange for cheaper cost of funds..

This way, the manufacturers burden due to triple effect of fixed cost due to land becoming lower (point C), lower tax rates (due to point B) and lower finance cost for capex (machinery equipment used in setting up plant) and opex (working capital) will give a good boost in costing aspect of each individually local manufactured unit..

This gives them a big boost..

Also if say foreign companies want a share of this pie, they can partner with a local Indian company for 51:49 JV with Foreign holding max 49% and manufacture locally and use the benefits..

After all tax holidays and loan concessions are for a company registered in India and holding as required by MCA only..

For any directly imported route, these benefits should not be applicable..

Few small steps and Kaboom.. WTO verdict is easily negated..

:hitwall::hitwall::hitwall:

What part of Indirect subsidies did you not understand ?

Funding projects using a special Fund is recognized as indirect subsidy. Providing Tax holiday is a subsidy and Providing cheap land to some firms wile denying them to others is discrimination.

All of these measures will result in Indian having to pay a Substantial Fine to the complainant.
 
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Wishful thinking is not reality.

What you are talking about is Indirect subsidies. WTO has rules regarding that too. Under WTO rules Indirect Subsidies are not allowed and they are take into account too.

Subsidies are measured even when it involves indirect transfer of funds. via grants, loans, equity infusion, guarantees, tax holidays, service provided, goods supplied, use of special funding mechanism etc.

So any such action will only be temporary since the WTO will rule against it when the US companies take India to court again.

:hitwall::hitwall::hitwall:

What part of Indirect subsidies did you not understand ?

Funding projects using a special Fund is recognized as indirect subsidy. Providing Tax holiday is a subsidy and Providing cheap land to some firms wile denying them to others is discrimination.

All of these measures will result in Indian having to pay a Substantial Fine to the complainant.

How do you think SEZs function? How do you think different states of India compete for investments by giving free land, tax cuts, etc.? How government subsidies farmers? Government can give benefits to local manufacturers for domestic consumption, only when those products go for export; then importing country may apply anti-dumping duties subject to challenge at WTO. Here the case was of direct discrimination for local manufacturing, so the verdict went against us.
 
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How do you think SEZs function? How do you think different states of India compete for investments by giving free land, tax cuts, etc.? How government subsidies farmers? Government can give benefits to local manufacturers for domestic consumption, only when those products go for export; then importing country may apply anti-dumping duties subject to challenge at WTO. Here the case was of direct discrimination for local manufacturing, so the verdict went against us.

SEZ's in India are categorized as Free Trade Zone, Export zone, Industrial estate, Free port or Enterprize zone. They are NON DISCRIMINATORY in nature so ANYONE who has a organization in that zone can available of the facility.

Even in such SEZ you cannot bring discriminatory practices by allowing only companies that buy Indian made Solar panels. WTO will strike it down.

Farmer subsidies are a huge issue at WTO. However Developing nations like India have special safeguard mechanism that allow us to provide subsidy for Food security and lively hood security.

This exception does not exist for other industries.

Under WTO rules Govt. CANNOT give special benefit to local manufacturers and have to give MFN to WTO signatories.

The current case WAS for Local consumption and the WTO ruled against it. Get your facts straight.
 
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What's wrong with that agreement?

The issue is always not the agreements per se but the difference between the purported vs. the real goal.

Climate change agreement is more about making money by the renewable energy Industry than preserving & improving the environment we live in.

The Drug patent agreement is more about retaining the monopoly (limiting inexpensive generics) than improving the health of the people at large.

GMO agreements are about Agri business houses controlling the seeds used by the farmers than attaining food security.

NPT, CTBT, FMCT are about limiting the military leadership than preventing a nuclear holocaust.

You are a very intelligent person and I am pretty sure you already know all of the above. Then I wonder what makes people like you support such agreements? What is the difference between the far right who support the big business at the expense of the people at large and the far left (Maoists) who spew venom and support anti national activities in the name of freedom of speech and human rights. To me both right and the left are the two sides of the same coin.
 
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Cut down our solar projects .We should restart that coal projects .If UN again comes with rnating we can easily talk about this stupidity .India is not a rich nation and so we cant allow US manufactures in here.
 
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Cut down our solar projects .We should restart that coal projects .If UN again comes with rnating we can easily talk about this stupidity .India is not a rich nation and so we cant allow US manufactures in here.

We could also work with the US to ensure that the solar panels are Made in India and thus create a Win Win situation. I think that is what Modi is trying to do.

End of the day it is far better to leverage our strengths than try to defend our weakness. India needs to put infrastructures in place that will ensure production of cheaper solar panes in India making imports expensive and wasteful.
 
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