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German firm Business Institute Solar Strategy GmbH in 2009, which was developing 38 MW of PV projects at the time of the acquisition.117 Trade Barriers PV firms indicated that local-content requirements, which mandate the local sourcing of goods and/or services, are the most significant trade barrier in the industry. Local-content requirements exist or have been used in markets such as South Africa and Ontario, Canada.118 India implemented local-content requirements for projects constructed using c-Si products as part of its national solar program, the Jawaharlal Nehru National Solar Mission (JNNSM), though these rules do not necessarily apply to projects constructed under state solar programs. Batch 1 of the first phase of the JNNSM required locally sourced modules, while batch 2 required both c-Si cells and modules to be sourced locally.119 Other countries, such as France, Greece, Italy, and Turkey, provide incentives for using local or regional content rather than mandating the use of local content.120 For example, Turkey’s FIT121 is up to 50 percent higher for systems using local content.122 In Brazil, local content is not mandated for PV projects, but firms that want to access lower financing rates from Brazil’s national development bank, Banco Nacional de Desenvolvimento Econômico e Social (BNDES), have to meet the bank’s local-content requirements.123 Local-content requirements for PV projects have been or are the subject of World Trade Organization (WTO) dispute settlement cases. In May 2013, the WTO Dispute Settlement Body adopted a WTO Appellate Body report and panel report (as modified by the Appellate Body) finding that the Canadian measures were inconsistent with the Agreement on Trade-Related Investment Measures (TRIMs Agreement) and the General Agreement on Tariffs and Trade (GATT) 1994.124 Subsequently, Ontario’s Minister of Energy directed the Ontario Power Authority not to procure any additional large projects. The Minister indicated that the government intends to replace the FIT program for large projects with a competitive procurement process, and that the Ministry intends to pursue 117 Berrill, “SunEdison Bumps up European Expansion,” January 22, 2009. 118 Ahearne, “South African PV,” June 1, 2012; Ontario Power Authority, “Feed-in Tariff Contract (FIT Contract),” December 14, 2012, exhibit C, 7–8; Ontario Power Authority, “Feed-in Tariff Program: FIT Rules,” December 14, 2012, 30; industry representative, telephone interview by USITC staff, May 30, 2013. 119 USTR, 2013 National Trade Estimate Report on Foreign Trade Barriers, March 2013, 187; industry representative, telephone interview by USITC staff, March 4, 2013; NRDC and CEEW, Laying the Foundation, April 2012, 20. 120 Greece’s law specified that the local-content requirement would apply after the issuance of a ministerial decision with additional details on implementation. It is not clear if such a declaration has been issued. Eleuteri, “The Wait Is Over,” June 2011, 69; USTR, 2013 National Trade Estimate Report on Foreign Trade Barriers, March 2013, 153; RES Legal website, updated March 4, 2013, http://www.res- legal.eu/search-by-country/turkey/single/s/res-e/t/promotion/aid/feed-in-tariff-7/lastp/207/ (accessed June 28, 2013); Government of France, Ministry of Ecology, Sustainable Development and Energy, “Mesures d’urgence pour la relance de la filière” [Emergency measures for relaunching], January 7, 2013; Mourgelas and Associates, “Mourgelas Greek Law Update,” April 2012, 3; Watson, Farley, and Williams, “Greece: Energy Briefing,” September 2012, 10–11. 121 A feed-in tariff (FIT) guarantees the purchase of renewable energy at a set price for a period of time. 122 RES Legal website, updated March 4, 2013, http://www.res-legal.eu/search-by- country/turkey/single/s/res-e/t/promotion/aid/feed-in-tariff-7/lastp/207/. 123 Nielsen, “Local Content Rule,” August 9, 2012 124 The complaint in this matter was filed by Japan in September 2010. WTO website, Dispute DS412: Canada—Certain Measures Affecting the Renewable Energy Generation Sector, http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds412_e.htm (accessed July 2, 2013). 3-24PDF Image | Renewable Energy and Related Services: Recent Developments
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