Yesterday (1 Feb 2023) marked the launch by the European Commission (EC) of the Green Deal Industrial Plan for the Net Zero Age. Its introduction is aimed at a levelling up of the international playing field and combatting what the EC believes are market distortions arising from aggressive subsidy regimes being introduced ‘elsewhere’. The key concern for the EC is clearly a flight of capital and resource to the United States (US) following the introduction of the formidable Inflation Reduction Act, and this is its answer.

Green Deal Industrial Plan for the Net Zero Age Launched by the European Commission
February 2, 2023

On a first pass, the areas of focus look correct and encouraging for developers and investors alike, (i) developing a predictable, coherent and simplified regulatory framework, (ii) speeding up access to funding and subsidy support, (iii) enriching the skills base and (iv) building supply chain resilience.
There are several areas that we will be looking at very carefully as the policies become more developed:
- A proposed Critical Raw Materials Act which will introduce measures designed to secure supply, from an extraction, refining and recycling perspective, of the raw materials that form the building blocks of the energy transition. We have written previously about our concerns with regard to the lack of lithium refining capacity outside of China and a need for radical and immediate action at global scale. (akingump-lithium-pdf-v1.pdf). It remains to be seen if the detail when released, can offer the level of impetus and drive required.
- A relaxation of State Aid Rules in the context of the energy transition, with a particular focus on facilitating enhanced investment support schemes for the production of strategic net zero technologies, to match the support being received for similar projects outside of the European Union (EU). Developing this under the guise of the Temporary Crisis Framework (rebadged the Temporary Crisis and Transition Framework) is telling and perhaps offers a clear indication of how the EC views the need for urgent steps to level up the playing field!
- The launch in autumn 2023 of the first auction to support the production of renewable hydrogen. The subsidy available will offer a fixed premium for each kilogramme (KG) of renewable hydrogen produced over a period of 10 years. This is designed to mirror the impact of the production tax credit in the Inflation Reduction Act. The initial auction is relatively small (Euro800m), but further auctions or other forms of support that contribute to the RePowerEU hydrogen targets will follow. It is assumed that this will be limited to domestic production and no detail is provided as to the support being offered for production of hydrogen derivatives (e.g. green ammonia).
The Inflation Reduction Act has the potential to flood the US with capital and opportunity. There is a feeling that the US is playing catch up, but for how long?
The EC has set its stall out with an ambitious and far-reaching package. The range of subsidy and capital support packages available and being introduced have the clear potential to crowd-in investment. In the course of the next few months the detail will start to emerge and only then will we see if the package has the necessary firepower to lock-in and grow energy transition investment in the EU in the foreseeable future.
On a first pass, the areas of focus look correct and encouraging for developers and investors alike, (i) developing a predictable, coherent and simplified regulatory framework, (ii) speeding up access to funding and subsidy support, (iii) enriching the skills base and (iv) building supply chain resilience.
There are several areas that we will be looking at very carefully as the policies become more developed:
- A proposed Critical Raw Materials Act which will introduce measures designed to secure supply, from an extraction, refining and recycling perspective, of the raw materials that form the building blocks of the energy transition. We have written previously about our concerns with regard to the lack of lithium refining capacity outside of China and a need for radical and immediate action at global scale. (akingump-lithium-pdf-v1.pdf). It remains to be seen if the detail when released, can offer the level of impetus and drive required.
- A relaxation of State Aid Rules in the context of the energy transition, with a particular focus on facilitating enhanced investment support schemes for the production of strategic net zero technologies, to match the support being received for similar projects outside of the European Union (EU). Developing this under the guise of the Temporary Crisis Framework (rebadged the Temporary Crisis and Transition Framework) is telling and perhaps offers a clear indication of how the EC views the need for urgent steps to level up the playing field!
- The launch in autumn 2023 of the first auction to support the production of renewable hydrogen. The subsidy available will offer a fixed premium for each kilogramme (KG) of renewable hydrogen produced over a period of 10 years. This is designed to mirror the impact of the production tax credit in the Inflation Reduction Act. The initial auction is relatively small (Euro800m), but further auctions or other forms of support that contribute to the RePowerEU hydrogen targets will follow. It is assumed that this will be limited to domestic production and no detail is provided as to the support being offered for production of hydrogen derivatives (e.g. green ammonia).
The Inflation Reduction Act has the potential to flood the US with capital and opportunity. There is a feeling that the US is playing catch up, but for how long?
The EC has set its stall out with an ambitious and far-reaching package. The range of subsidy and capital support packages available and being introduced have the clear potential to crowd-in investment. In the course of the next few months the detail will start to emerge and only then will we see if the package has the necessary firepower to lock-in and grow energy transition investment in the EU in the foreseeable future.
Categories
Previous Entries
Speaking Sustainability
August 21, 2025
On August 13, 2025, the U.S. District Court for the Central District of California denied a motion for preliminary injunction filed by a coalition of business groups seeking to halt implementation of California’s corporate climate disclosure laws—SB 253 and SB 261. Senate Bill 253 (SB 253 )1 requires entities that do business in California and whose total annual revenue exceeds $1 billion to disclose Scope 1 and 2 greenhouse gas (GHG) emissions beginning in 2026 (covering 2025 data), and Scope 3 emissions beginning in 2027 (covering 2026 data). Senate Bill 261 (SB 261),2 passed as part of the same Climate Accountability legislative package, requires entities that do business in California and whose total annual revenue exceeds $500 million to publicly disclose the business’s climate-related financial risks and measures taken to reduce or adapt to that risk online every two years, beginning in 2026.3
Speaking Sustainability
July 31, 2025
Key Topics in Akin’s July 2025 Speaking Sustainability - Legal & Regulatory Update
Speaking Sustainability
June 30, 2025
The European Parliament and Council reached a provisional agreement (i.e., a post-consultation, non-binding political deal in relation to the final text of a legislative proposal) to streamline the European Union’s (EU) Carbon Border Adjustment Mechanism (CBAM) on June 18, 2025. This is a key instrument to prevent carbon leakage and align trade policy with the EU’s climate goals. The changes are part of the EU’s broader sustainability legislative simplification package announced earlier this year. This proposal is intended to ease compliance burdens while maintaining the environmental integrity of the CBAM framework.
Speaking Sustainability
June 27, 2025
Key Topics in Akin’s June 2025 Speaking Sustainability - Legal & Regulatory Update
Speaking Sustainability
February 19, 2025
Wind energy projects along the coasts are facing uncertainty due to President Trump’s Presidential Memorandum1 issued on January 20, “Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects.” This Memorandum introduces substantial policy changes that impact both onshore and offshore wind development.
Speaking Sustainability
February 14, 2025
Key topics in Akin’s February 2025 Speaking Sustainability - Legal & Regulatory Update include:
Speaking Sustainability
January 24, 2025
Beginning on Monday, there have been a flurry of executive orders from the Trump administration reversing Biden-era energy policies, emphasizing oil and gas production, lifting the liquified natural gas (LNG) export permitting pause and withdrawing from all accords and commitments under the United Nations Framework Convention on Climate Change (UNFCCC) including the Paris climate agreement. The orders also target electric vehicles (EVs), wind energy, international climate aid and the use of the social cost of carbon in agency decision making. For close tracking of these orders and more to come, visit the Akin Trump Executive Order tracker. Concurrently, President Trump’s nominees for the Department of the Interior (DOI), Department of Energy (DOE) and Environmental Protection Agency (EPA) have each passed their initial rounds of committee confirmation votes, and now await votes before the Senate floor.
Speaking Sustainability
January 10, 2025
In the final days of his term, President Joe Biden has taken significant steps to solidify his administration’s climate legacy. The administration finalized rules for various clean energy tax credits established under the Inflation Reduction Act. However, these rules, intended to stimulate clean energy advancements through 2032, face opposition from Congressional Republicans, who are considering scaling back or repealing the credits through budget reconciliation.