Resources Policy: Jost Wübbeke
Resources Policy: Jost Wübbeke
Resources Policy: Jost Wübbeke
Resources Policy
journal homepage: www.elsevier.com/locate/resourpol
art ic l e i nf o
a b s t r a c t
Article history:
Received 1 February 2013
Received in revised form
28 May 2013
Accepted 29 May 2013
Available online 18 July 2013
After top producer China decided in 2010 to tighten its export quotas for rare earth elements (REE), major
customers feared being cut off from the valuable metals. The trade dispute intensied when the EU, the
USA, and Japan brought the case before the WTO. The export controls raise questions about Chinas
intentions and strategies. This article argues that Chinas export policy should not be viewed in isolation.
The export controls are embedded in a greater transformation of the strategic REE industry. Beijing
promotes a broad set of policies, including industry reorganization, resource conservation, and
environmental protection. Next, the article examines three narratives that may be constitutive of the
Chinese policy. Findings indicate that the geopolitical narrative, which sees natural resources as
instruments of power politics, can be only partly attributed to Chinas REE policies. The major driving
motives are domestic concerns for resource conservation and environmental protection, as well as the
development of competitive downstream industries.
& 2013 Elsevier Ltd. All rights reserved.
Keywords:
Rare earths
Chinese resource policy
Export of raw materials
Mining and environmental pollution
Research interest
Due to the Chinese near monopoly on REE production and
processing, downstream production around the global is critically
dependent on Chinese supply. This is becoming problematic since
China is less and less interested in exporting its REE, and has been
decreasing its exports. Its 2010 decision to cut the REE export
quota by another 40 percent triggered serious concerns among its
major customers, the European Union (EU), Japan and the USA,
who requested consultations within the World Trade Organization
(WTO) in March 2012 (WTO, 2012).
These trade tensions are emerging in the context of growing
disquiet over instable resource supply in the West. Rising resource
prices, a discourse of impending scarcity, environmental degradation, and political decisions in source countries have led many
importing countries to put resource supply at the top of the
agenda and formulate raw material strategies. The REE symbolize
the new concern for a whole range of critical raw materials (DOE,
2011; European Commission, 2010). Why is China controlling its
exports? Understanding the intentions behind Chinas political
choices is central to Western economies and governments, as they
will have to rely on China for supplies for several critical raw
materials at least for some time.
The concern for critical raw materials is nothing new. Criticality
studies, centering on the identication of critical materials and
risks, echo similar issues in the 1970s and 1980s (Buijs and Siverers,
2011; Buijs et al., 2012). A limitation of these approaches is that they
analyze critical materials mainly from the angle of affordable and
undisrupted supply for the importing countries, sidelining the
efforts made by originating countries for resource and environmental protection and social policies.
Several OECD and WTO studies on the adoption of export
controls for raw materials in various countries argue that export
385
386
and 357 billion for 2010. Steel accounts for roughly 10 percent of
Chinas GDP. Yet, the essential functions of REE in a range of hightechnology products make this a strategic industry of national
relevance (MIIT, 2012c; Zhao et al., 2011).
Whereas global REE production is highly monopolized, production
within China is scattered among many producers. The steelmaker
Baosteel Group Corporation (Baogang) controls the production in
Baiyun Ebo in Inner Mongolia, and the Ganzhou Rare Earth Mineral
Industry owns all mining rights in the Ganzhou area. The Jiangxi
Copper has mining rights for Maoniuping (in Mianning). After recent
industry reorganization, 22 companies ofcially own REE mining
rights. There are many small facilities for extraction, processing, and
separation in South China. Only few of the nationwide 170 ofcially
registered reners before 2010 have had capacities above 5000 t per
year, low compared to the industrys overall capacity of 200,000 t per
year (Wang, 2011a, p. 24). The downstream industries are also very
scatteredfor example there are 130 NdFeB producers (Rao et al.,
2009).
Inner Mongolia and Jiangxi are the largest centers of REE
processing and metals production in China, but there are also
sizeable capacities in Jiangsu and Gansu. There are strong downstream industries in Baotou, but the largest magnet producer
Zhongke Sanhuan is located in Beijing, with afliates in Tianjin
and Ningbo. Phosphor production is mainly located in Jiangsu,
Zhejiang, and Guangdong.
Chinese REE exports declined from the peak in 2007 of 57,400
to 15,660 t in 2011. In 2011, China exported about one fth of its
production: 56 percent went to Japan, 14 percent to the USA, 10
percent to France, and three percent to Germany (State Council,
2012). The Japanese share dropped below 50 percent in the rst
half of 2012, as the country is diversifying its import sources
(Peoples Daily, 2012a). Whereas REE exports are declining,
exports of REE applications are increasing. Compared to 2006,
the exports of NdFeB have nearly doubled in 2010. About one fth
of NdFeB production was exported in 2010, mainly to the USA
(13 percent), South Korea (9 percent) and Germany (8 percent)
(Liu, 2011).
Changing policies: From chaos to order
Fig. 2. Chinese production of REE concentrates and rened products and export
volume in tons (REO), 19782011.
Sources: Xu, 1995; Su, 2009; NDRC, 2010, 2011, 2012.
387
388
Table 1
Reserves, mineral production, processing, metal production and mining rights by province.
Sources: MEP, 2009; MLR, 2011a; Zhou and Han, 2010; Ma, 2012.
Prospective reserves
in 104 t REO
Industrial reserves
in 104 t REO
Extraction quota
in 103 t REO (2011)
Processing quota
in 103 t REO (2011)
Metal production
in t of metal (2009)
Mining rights
(2012)
I. Mongolia
Shandong
Sichuan
South China
Among these:
413,500
41300
4500
45000
Jiangxi
Guangdong
Fujian
Guangxi
Hunan
Yunnan
4350 (84%)
400 (8%)
150 (3%)
150 (3%)
36%
33%
15%
10%
4%
2%
50.0
1.5
24.4
17.9
9
2.2
2
2.5
2
0.2
35 (39%)
2.6 (3%)
11 (12%)
24.8 (27%)
13 (14%)
8.5 (9%)
2.5 (3%)
0.8 (1%)
8790 (38%)
?
700 (3%)
?
9587 (42%)
?
?
?
150 (1%)
?
2
1
7
57
45
3
5
1
1
2
Guizhou
Jiangsu
Gansu
Shaanxi
Other
4150
250
150
8.4 (9%)
7 (8%)
1.6 (2%)
?
1050 (5%)
1280 (6%)*
?
1500
Total
420,675
5200
93.8
90.4
23,057
67
Northwest China.
Table 2
Comparison of various Chinese mining industries.Source: Zhang and Liu, 2011.
Coal
Iron/steel
Rare earth
Tungsten
Lithium
Enterprises
Employees
14,357
4250
110
149
14
3,911,208
388,179
2296
36,948
3,215
2893
673
10.5
15.9
133
1059
144
0.8
5.5
0.8
193
25
0.11
1.1
0.08
Resource conservation
The Ministry of Land Resources (MLR) is responsible for
national land and resource plans, the exploration, development
and protection of national resources, and the geological environment (Lin et al., 2011, p. 39). The Ministry tries to realize resource
conservation through licensing and the use of production quotas.
In 2012, it cut the number of mining rights from 113 to 67. Most of
these mining licenses are issued by provincial land resource
management authorities. The REE production quota, which sets a
maximum cap on extraction, is based on the State Councils, 2005
Notice on the Restructuration and Standardization of Mineral
Extraction (State Council, 2005) (see Fig. 3). In practice, the
industry has far exceeded this quotaby over 40 percent in
2010. According to the National Mineral Resources Plan (2008
2015), REE production is to be limited to 140,000 t in the coming
years (MLR, 2009).
Environmental protection
The Ministry of Environmental Protection (MEP) tightened the
environmental standards for the industry in 2011. The Pollutant
Discharge Standards for the Rare Earth Industry replace the
general emission standards and set stricter maximum amounts
for pollutants in water and air and for the total discharge of waste
water, waste air, thorium, and uranium (MEP (Ministry of
Environmental Protection), 2011a). The radioactive elements
thorium and uranium are attached to some REE minerals. According to estimates, 80 percent of enterprises will fail to meet these
standards, and implementation could raise production costs by 70
percent (Zhongguo Gaoxin Jishu Qiye, 2011).
The softening of some parameters indicates an intense debate
between the MEP and the REE industry. According to media
reports, ammonia pollution was one of the hot topics of discussion
for the standards. In-situ leaching of ion-absorption REE uses large
amounts of ammonia sulfate solutions. The originally discussed
emission standard of 15 mg per liter of waste water for ammonia
was loosened to 20 mg/L in the draft of 2009, and to 25 mg/L in
the nal standards. This means that the standard for ammonia has
actually not changed compared to the general discharge standards
of 1996 (CRE (China Rare Earth), 2011; Administration of
Technology Supervision, 1996). As another concession to the
industry, the standards will apply only after 2014, whereas newcomers will have to commit immediately. As only larger enterprises can be expected to be able to adapt to the standards, this
might further push the concentration of the industry. Although the
government is proposing stricter environmental standards, the
erce struggle between environmental protection bureaucracies
and the industry might undermine the green motives of current
policies, and, due to its weak institutional position, the MEP might
not be able to prevail on many issues.
In 2011, the MEP released the Opinions on Strengthening the
Ecological Protection and Restoration of Rare Earth Mines, specifying
the monitoring and inspection of REE operations by Environmental
Protection Bureaus, obligations of REE companies to devise environmental protection and emergency plans, and pay deposits for mine
restoration (MEP (Ministry of Environmental Protection), 2011b).
Further, the General Administration of Quality Supervision, Inspection and Quarantine and the National Standardization Administration
are planning a new Norm for Per-Unit Energy Consumption in Rare
Earth Smelting and Rening Enterprises (AQS (General Administration of Quality Supervision, Inspection and Quarantine) and NSA
(National Standardization Administration, 2012).
Export regulation
Export regulation is a typical measure of Chinese raw materials
trade policy, although many of these regulations contradict Chinas
WTO obligations. The export quota and export licensing for REE
had been in place since 1999 without attracting too much criticism, but this changed when the Ministry of Commerce continuously lowered the quota since 2006 (see Fig. 4). The quota for 2012
was 30,996 t, compared to 48,010 t in 2005. The Ministry biannually issues export licenses and allocates specic quotas to individual enterprises. The enterprise quotas are calculated by a formula
that includes the amount and value of export of the past,
relevance of the enterprise and other factors (MOC, 2009). The
quota system for 2012 implies some changes: exporting enterprises must pass an environmental assessment of the MEP to get
an export license. Many companies that failed to pass the assessment rst received temporary quotas; those that failed a second
time, such as Baogang and its afliates, were not allowed to export
in 2012. Moreover, the new quota system differentiates between
LREE and HREE (Ni, 2011; Wang, 2012).
Besides the quota, the Customs Administration levies export
taxes on various REE products, ranging from 15 to 25 percent. Since
2007, these taxes have been increasing (from about 10 percent on
average) and more items have been taxed (Wang, 2011b). The tax
rebate for REE exports was removed in 2005 (L et al., 2011).
Smuggling remains a persistent problem for export regulation,
despite recent governmental crackdowns. Chinese exports statistics
are notoriously lower than the corresponding foreign import
statistics: between 2006 and 2008 there was a mismatch of
389
390
Table 3
Chinas largest REE enterprises in mining and smelting/separation.
Enterprise
Mining
Central owned
Chinalco
China Iron and Steel Research Institute Group
Minmetals
China Non-ferrous Metals Mining
Guangxi
Shandong
Hunan, Yunnan
Jiangxi, Guangdong
Guangdong
Province owned
Baogang
Guangdong Rare Earth Group
Fujian Rare Earth Group
Jiangxi Copper
Inner Mongolia
Guangdong
Fujian
Sichuan
Inner Mongolia
Guangdong
Fujian
Sichuan
City owned
Ganzhou Rare Earth Minerals Industry
Jiangxi
Jiangxi
only after the major consumer states had criticized the Chinese
practices in 2010. Second, the Chinese government has never tied
regular export quotas and taxes to demand political concessions
from other countries. Unlike the embargo in late 2010, the export
controls do not discriminate between countries. Domestic production controls also hurt Chinas own downstream industries
which does not make sense from the geopolitical perspective.
Third, how the quotas are used does not indicate geopolitical
intentions. In 2011, only 60 percent of the export quota was used.
Had China wanted to cut off the West from essential supplies, it
would have had to set the quota even lower (Gillispie and Pfeiffer,
2012). Had it wanted to gain military advantages, it would have
had not only to limit the export of REE but its applications in
particular, such as permanent magnets, which are essential to
military technology. There exist neither quotas nor taxes for the
export of REE permanent magnets.
The environmental narrative
The green narrative focuses on the depletion of non-renewable
resources and the environmental impacts of resource industries.
In 1991, the Chinese leadership designated ionic REE as a special
resource for protected extraction (State Council, 1991). This in
principle gave precedence to the central government over local
governments to decide over extraction and trade, although the
implementation of central government rules remained weak.
Whereas there was a consensus until the mid-1990s for increasing
production and exports of REE, concerns over inefcient resource
use and resource protection became apparent towards the end of
the decade (SDPC (State Development Planning Commission), 1998,
1999). The narrative of impending depletion of Chinese REE spread
in 2005, warning that China might be extracting the resources it
will need to satisfy tomorrows demand. A report by 15 researchers
from the Chinese Academy of Sciences (CAS) on the conservation
of resources at the Baiyun Ebo mine, sent to Premier Wen Jiabao,
had a groundbreaking effect in raising awareness of these issues.
The scientists warned that, because of the low recovery rate of REE
and the non-use of the niobium and thorium reserves, China could
waste its abundant resources. The report warned: If extraction
continues at current rates, the main and east pit [of Baiyun Ebo]
will beexhausted in less than 35 years, and China will become a
small power in rare earths (Xu and Shi, 2005, p. 448).
For the southern deposits, Xu Guangxian even estimates the
reserves could be exhausted within the next ten years (Sina.com,
2010). The authors recommend reducing production successively
at Baiyun Ebo, sealing off the east pit by 2012, and producing REE
only from the massive tailings of reneries in the Inner Mongolian
city of Baotou (Xu and Shi, 2005, p. 450).
The industry resisted extreme options such as the closure of
Baiyun Ebo, but agreed to use better technology and to consider
restrictions on production (Ma, 2006). The scientists call had a
considerable impact on subsequent political efforts. Politicians
took up the concern as to possible depletion, and Wen Jiabao
and Vice-Premier Zeng Peiyan issued comments (pishi) on the
report. In 2010, Wen Jiabao stated: China contributes a large
proportion of the global rare earth output, far outdoes exceeding
its share of the worlds total rare earth deposits (Sina.com, 2012).
The NDRC prepared the Report on the Situation of Development
and Use of Baiyun Ebos Resources and Related Issues and the
National Peoples Congress and the Consultative Conference composed several reports and recommendations (NDRC, 2007, 2008).
Studies of the local environmental protection authorities have
found heightened levels of radioactivity and other pollution in the
tailings dam and waters near the Baotou REE factories since the
1990s (Yang and Shuai, 2009). Moreover, much of the pollution of
the Yellow River in this area has been attributed to these factories.
391
392
the price of rare earth products has remained low and failed
to reect their value, the scarcity of the resources has not been
appropriately represented, and the damage to the ecological
environment has not been properly compensated for (State
Council, 2012).
Conclusions
This analysis has shown that concerns for resource wastage,
low prices, and dominance of low-end downstream industries
have been important issues in the drafting of Chinas REE industry
strategy since the late 1990s. Since 2005, government narratives
show more attention towards environmental protection. Together,
they merge in Chinas ambitions for creating an innovative and
sustainable economy. The geopolitical narrative is widespread in
Chinese society, but it is not evident in statements of the government, experts, or industry narrative; and general export policies do
not indicate such a trend. The case of the REE embargo in 2010,
however, shows that the Chinese government might be willing to
use its REE dominance for political ends in situations of security
crisis.
The case of REE industry adds to the literature on industry
regulation in China by showing that concerns over resource
depletion, environmental impacts, and low prices in technologically important elds can lead to concerted intervention from the
government in an industry deemed strategic. It thereby also
provides an example for OECD overviews of how source-states
justify export controls for raw materials. Noteworthy is that these
government interventions occur along whole value-chains, from
mining to downstream industries. As to critical materials and
resource security, this case does not indicate that resourcesupplying states have a long-term strategy to control resource
access in order to achieve political aims. In China, as we have seen,
export controls are domestically motivated.
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