Green Payments in U.S. and European Union Agricultural Policy

Congressional research reportNov 22, 2005

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Order Code RL32624

CRS Report for Congress

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Green Payments in U.S. and European Union

Agricultural Policy

Updated November 22, 2005

name redacted

Senior Specialist in Agricultural Policy

Resources, Science, and Industry Division

Jeffrey Zinn

Specialist in Natural Resources Policy

Resources, Science and Industry Division

Congressional Research Service ˜ The Library of Congress

Green Payments in U.S. and European Union

Agricultural Policy

Summary

Green payments are generally defined as payments made to agricultural

producers as compensation for environmental benefits that accrue at levels beyond

what producers might otherwise achieve under existing market and regulatory

conditions. They may support both environmental and farm income objectives.

Modern U.S. agri-environmental programs began in 1985 by paying farmers to

retire land and limiting conversion of wetlands and highly erodible land to

cultivation, thereby reducing negative environmental effects associated with

production agriculture. These initial programs focused on a single agricultural

benefit, limiting erosion. Since then, these programs have proliferated in number and

overall funding, and now pay farmers to provide additional conservation benefits

either while maintaining agricultural production on working lands, or by retiring land

from production. These environmental benefits include stemming wetland loss and

wildlife habitat deterioration, protecting farmland from conversion to other uses, and

improving water and air quality. The Conservation Security Program (CSP), enacted

in the 2002 farm bill (P.L. 107-171) is the most recent step in the evolution of U.S.

agri-environmental policy. CSP pays producers to capture environmental benefits

across their entire agricultural operation, while producing commodities. It has been

characterized by some as the most comprehensive U.S. “green payments” program.

General environmental policy in the European Union (EU) deals with negative

externalities from water pollution, nitrates, and pesticides, among other issues, and

also affects agricultural production. EU farm policy since 1985, however, has

included payments to farmers to compensate for costs incurred or income forgone

from undertaking agri-environmental measures that meet farm policy and rural

development objectives. Such measures include, inter alia, reducing use of fertilizer

and chemical inputs, adopting organic production methods, maintaining countryside

and landscape, or managing land for leisure activities or public access. Successive

reforms of the EU’s Common Agricultural Policy (CAP) have placed greater

emphasis on such green payments — and increased funding for them — as agrienvironmental measures have been integrated into a broad rural development policy.

Congressional interest in green payments today is driven by pressure from

international trade negotiations and the anticipated development of the next farm bill,

which will likely contain the U.S. policy responses to the results of these

negotiations. These negotiations create considerable uncertainty over future farm

program options, and green payments, in some fashion, are widely viewed as an

option that could be designed so as to satisfy both international obligations and

domestic agriculture constituencies. Differences between the United States and the

EU in how green payments have been defined and translated into policy and

programs may make consideration of EU agri-environmental policy as a model or

source of ideas problematic. This report, which compares current U.S. and EU

efforts in the area of green payments, will be updated.

Contents

What Are Green Payments? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

U.S. Agri-Environmental Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Cross-Compliance Mechanisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Conservation Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Sodbuster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Swampbuster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Voluntary Agri-Environmental Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Land Retirement Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Working Lands Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Outlook for U.S. Financing of Agri-Environmental Measures . . . . . . . . . . . 7

EU Agri-Environmental Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

General EU Environmental Policy and Agriculture . . . . . . . . . . . . . . . . . . . . 9

Water Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Nitrates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Pesticides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Habitats and Wild Birds (The Natura Network) . . . . . . . . . . . . . . . . . 10

Agri-Environmental Programs in the CAP . . . . . . . . . . . . . . . . . . . . . . . . . 10

The Less Favored Area Program (LFA) . . . . . . . . . . . . . . . . . . . . . . . 11

The “Efficiency” Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Organic Farming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Agri-Environmental Measures in the 1992 CAP Reform . . . . . . . . . . . . . . 12

Agri-Environmental Programs in Agenda 2000 . . . . . . . . . . . . . . . . . . . . . 14

2003 CAP Reforms and Agri-Environmental Programs . . . . . . . . . . . . . . . 14

Cross-Compliance with Agri-Environmental Measures . . . . . . . . . . . 15

Assistance to Farmers in Meeting Standards . . . . . . . . . . . . . . . . . . . . 15

Support for Implementing Natura (2000) . . . . . . . . . . . . . . . . . . . . . . 16

Increased EU Co-Financing for Agri-Environment

(and Animal Welfare) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Increased Support for LFAs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Additional Financing for Rural Development Policy (Modulation) . . . . . . 16

EU Spending on Agri-Environmental Measures . . . . . . . . . . . . . . . . . . . . . 17

Some Concluding Observations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

List of Tables

Table 1. Measures of Selected U.S. Agri-Environment Programs . . . . . . . . . . . . 8

Table 2. Good Agricultural and Environmental Practices . . . . . . . . . . . . . . . . . 15

Table 3. Proposed Budget Commitments for the CAP, Rural Development,

and Total EU Spending . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Table 4. Comparison of Current U.S. and EU Agri-Environmental Policies . . . 20

Green Payments in U.S. and

European Union Agricultural Policy

What Are Green Payments?

Green payments generally are defined as payments to agricultural producers for

providing environmental services on working farms. They are designed to encourage

producers to provide more environmental services than they might otherwise provide

in the absence of the payments,1 and they are not connected to a producer’s level of

production.

In the United States, the term “green payments” refers to agricultural programs

with primarily environmental goals. Although all U.S. “green payments” programs

focus on the environment, the types of payments range from cost-sharing for specific

conservation practices to incentives for whole-farm management of environmental

resources and rewards for “good actors” for past environmental stewardship. This

discussion will review U.S. green payments within the context of modern U.S. agrienvironmental policy, which is evolving from programs focusing primarily on land

retirement to programs encouraging sound environmental management on working

farms.

The European Union (EU) views green payments more broadly than does the

United States, using them to achieve socioeconomic and rural development goals as

well as environmental goals. The EU makes agri-environmental (green) payments to

farmers within the framework of its rural development policy, which encompasses

not only environmental activities but also investments to modernize farms, programs

to help young farmers get established or promote early retirement, assistance with

processing and marketing farm products, and programs to promote the non-farm rural

economy such as agri-tourism or preservation of cultural heritage. This discussion

of EU green payments will focus primarily on agri-environmental measures that

compensate farmers who take measures to enhance the environmental benefits from

farming, but not other aspects of the EU’s rural development policy.

The following review of green payments and agri-environmental policy in the

United States and the European Union shows that they have become an important

aspect of agricultural policy (although green payments are only one tool of agrienvironmental programs).2 Forces at work in the global economy could tend to

1

Sandra S. Batie and Richard E. Horan, “Green Payments Policy,” at [http://www.aec.msu.

edu/agecon/smith_endowment/documents/outlaw4.pdf], visited May 27, 2004.

2

Other methods used in agri-environmental programs to encourage producers to adopt sound

environmental practices include regulating pesticide use, targeting program funds to areas

of particular environmental need, and setting standards for environmental performance as

(continued...)

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increase the role of green payments as a component of agricultural support. For

example, in multilateral agricultural trade negotiations, pressures are mounting to

curtail trade- and production-distorting support for domestic agriculture.3 Green

payments are thought by many to be less trade- and production-distorting than other

forms of domestic support for agriculture.4 In the future, U.S. producers and

policymakers may focus more attention on the role of green payment programs in

agricultural policy as a vehicle for supporting agriculture and rural areas that would

be less susceptible to cuts resulting from multilateral trade negotiations.

U.S. Agri-Environmental Policy

The United States has implemented agri-environmental policies since the 1930s,

when the Dust Bowl spurred Congress to enact laws providing financial, technical,

and educational assistance to farmers to encourage the adoption of soil conservation

practices. All assistance is provided to voluntary participants, as is designed to

benefit individual farms. Today, the United States employs two main types of agrienvironmental policy tools: mandatory cross-compliance mechanisms for those

producers who receive federal farm program benefits and voluntary incentives.

Voluntary incentives have been dominant in U.S. agri-environmental policy, and are

viewed by most agriculture interests as being central to efforts to improve the

environmental performance of producers. The few regulatory federal laws affecting

agriculture include the use of restrictions and bans on certain pesticides, but these

have been fairly limited in number and are not a topic of this report.5

2

(...continued)

a requirement for certain agricultural payments. Economic Research Service, AgriEnvironmental Policy at the Crossroads, ERS Rept. No. 794, 2001, p. 7.

3

CRS Report RL33144, WTO Doha Round: Agricultural Negotiating Proposals, by Charles

Hanrahan and (name redacted), discusses the status of proposals in multilateral trade

negotiations to reduce trade-distorting domestic support to agriculture.

4

The World Trade Organization’s Uruguay Round Agreement on Agriculture (1994)

exempts from reduction commitments payments under environmental programs that meet

the following conditions: (a) eligibility for such payments shall be determined as part of a

clearly defined government environmental or conservation program and be dependent on the

fulfillment of specific conditions under the government program, including conditions

related to production methods or inputs; and (b) the amount of payment shall be limited to

the extra costs or loss of income involved in complying with the government program.

5

Roger Claassen et al., Agri-Environmental Policy at the Crossroads: Guideposts on a

Changing Landscape, Agricultural Economic Report Number 794, Economic Research

Service, January 2001, Appendix 1. Major federal programs include mandates for states to

deal with agricultural nonpoint pollution, under the Coastal Zone Act Reauthorization

Amendments of 1990; prohibitions against taking a member of a threatened or endangered

species, under the Endangered Species Act of 1973; regulation of pesticides under the

Federal Insecticide, Fungicide, and Rodenticide Act of 1947; and regulation of concentrated

animal feeding operations under the Federal Water Pollution Control Act Amendments (also

known as the Clean Water Act) .

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Cross-Compliance Mechanisms

In general, U.S. agri-environmental programs include few compulsory

environmental requirements when compared to EU programs. U.S. cross-compliance

programs aim to discourage farmers from converting wetlands into farmland and

from farming highly erodible land (unless the land is protected by implementing an

approved conservation plan from excessive soil erosion). A producer must comply

with these programs to receive federal commodity price and income support, to

participate in federal voluntary conservation programs, and to be eligible for federal

agriculture loans or loan-related guarantees and other agriculture-related federal

benefits.6 Farmers who do not comply may still farm, but are ineligible for these

substantial government benefits. It is estimated that about 50% of the country’s 2

million farmers currently receive federal farm program benefits; those who do not

receive these benefits are not affected by cross compliance, as currently designed.

U.S. cross-compliance mechanisms, first enacted in the Food Security Act of

1985 (P.L. 99-198), include Highly Erodible Land Conservation (also known as

“Conservation Compliance” and “Sodbuster”) and Wetland Conservation (called

“Swampbuster”).7 Land is defined by the Natural Resources Conservation Service

as “highly erodible” when it may erode at (or at more than) eight times the “soil loss

tolerance level” (this is the rate at which soil can erode without losing its productivity

over time). Much of this highly erodible land is located in the Great Plains states.

Conservation Compliance. Under this program, farmers producing

agricultural commodities on highly erodible land that was cropped from 1981 to 1985

must implement an approved conservation plan. The plan must provide for a 75%

reduction in erosion as compared to the land’s previous erosion rates. Almost all

affected producers are currently considered to be in compliance.

Sodbuster. Under this program, producers who plow erosion-prone grasslands

(that were not cropped from 1981 to 1985) must implement a conservation plan that

holds erosion to no more than the soil loss tolerance level.

Swampbuster. Under this program, producers converting a wetland area to

cropland may lose eligibility for several federal farm program benefits, although there

are many exceptions in statute (such as wetland conversions that have little effect on

wetland functions).8

6

Economic Research Service, Agricultural Resources and Environmental Indicators,

Chapter 6.3, p. 1, at [http://www.ers.usda.gov/publications/arei/ah722/arei6_3/AREI6_

3compliance.pdf], visited September 8, 2004.

7

8

Food Security Act of 1985, PL 99-198, 99 Stat. 1504, as amended, Subtitles B and C.

Program descriptions modified from CRS Report 97-905, Agriculture: A Glossary of

Terms, Programs, and Laws, 2005 Edition, by (name redacted).

CRS-4

Voluntary Agri-Environmental Programs

The majority of U.S. agri-environmental programs are voluntary in nature and

are funded by mandatory spending through the Commodity Credit Corporation

(CCC). They are known as either “farm bill” programs or “Title II programs”

because they are authorized by the farm bill, a multi-year act authorizing federal

commodity, farm support, and agricultural conservation programs, as well as other

farm sector-related provisions, and these provisions were in Title II of the most recent

farm bill.9 U.S. voluntary agri-environmental programs have evolved from

emphasizing land retirement to encouraging the adoption of best management

practices on working farmland. The following paragraphs describe selected and

larger U.S. voluntary agri-environmental programs in the order they were enacted.

Table 1, below after these short descriptions, conveys some sense of the scale of

each program. For additional basic information on these and the numerous other

smaller conservation programs, see CRS Report RL32940, Agriculture Conservation

Programs: A Scorecard, by Jeffrey Zinn and (name redacted), and for additional

information on the history of funding for these programs, see CRS Report RS22243,

Mandatory Funding for Agriculture Conservation Programs, by Jeffrey Zinn.

Land Retirement Programs. These programs involve retiring land from

crop production under the terms and conditions of the program contract in exchange

for annual payments. They are precursors to “green payments” programs in that they

are the first modern voluntary agricultural programs to base eligibility, in part or in

whole, on an ability to provide environmental benefits.

Conservation Reserve Program (CRP) (1985). CRP, administered by

the Farm Service Agency, is the largest private land retirement program, with an

enrollment ceiling of 39.2 million acres, and the largest “farm bill” agrienvironmental program in terms of annual spending (CBO estimates the program to

cost more than $2.0 billion annually starting in FY2005).10 Farmers may submit bids

to “enroll” land in CRP for 10-15 years. The CRP’s original aim was not only to

reduce soil erosion but also to protect soil productivity, control surplus production,

and stabilize land prices (which were declining in the mid 1980s). CRP now has a

broader environmental focus. Since 1990, FSA has evaluated bids to enroll land in

CRP based on an Environmental Benefits Index (EBI) score, which reflects the

impact enrollment would have on various environmental measures (ground water and

9

The relevant farm bills were enacted in 1985 (P.L. 99-198), 1990 (P.L. 101-624), 1996

(P.L. 104-127), and 2002 (P.L. 107-171). The 1985 law serves as the basis for modern agrienvironmental policy; the other three laws amend the 1985 law.

10

CRP has its roots in the 1950s-era Soil Bank program, which had twin goals of controlling

agricultural production and reducing soil erosion by idling up to 30 million acres of land

producing surplus commodities.

This and subsequent program cost estimates are from the Congressional Budget Office

January 2005 baseline. By way of comparison, CRP is almost twice as expensive as the next

most costly FY2005 conservation program, EQIP ($1.017 billion).

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surface water quality, wind erosion, wildlife habitat, etc).11 CRP also includes a

number of subprograms, the most visible of which is the Conservation Reserve

Enhancement Program or CREP. CREPs are developed by states who contribute

additional funds so that higher payments can be offered to retire additional land in

environmentally sensitive watersheds.12

Wetlands Reserve Program (WRP) (1990). WRP, administered by the

Natural Resources Conservation Service (NRCS), provides long-term protection to

agricultural wetlands by requiring participants to implement approved wetland

restoration and protection plans. Most lands enrolled in WRP are flood-prone

agricultural lands. Because the goal is long-term wetland restoration, most land is

enrolled under a permanent easement or a 30-year easement. (Land may also be

enrolled for ten years without any easement.) The 2002 farm bill set an enrollment

limit of 2.275 million acres, with a goal of enrolling 250,000 acres in any given year.

Working Lands Programs. New programs for working farms were created,

in part, because land retirement programs did not address many of the environmental

problems stemming from ongoing agricultural production. These programs provide

payments to farmers for increased environmental services on working lands (“green

payments”). Below is a description of four of the largest working lands programs,

all administered by NRCS. The newest of these, the Conservation Security Program,

targets environmental problems on farms, while the others aim to create habitat or

preserve especially valuable farmland. These programs have been very popular with

farmers. While they each received substantial funding increases in the 2002 farm

bill, requests to participate have continued to far outpace available funding, resulting

in a large backlog.

Environmental Quality Incentives Program (EQIP) (1996). EQIP has

been described as the first major U.S. “green payments” program specifically

designed to pay farmers for environmental benefits while allowing continued

agricultural production.13 It is also the second-largest agri-environmental program

in terms of funding ($1.017 billion in FY2006). EQIP provides cost-sharing and

technical assistance for implementing specific conservation measures (such as

installing buffer strips near streams) to remedy environmental problems on farms

and may also provide incentive payments, all to encourage producers to adopt certain

practices, so producers can keep lands in production rather than retiring them. NRCS

distributes funds at the national level based on national environmental priorities,

including reduction of nonpoint source pollution, reduction of air pollution and

control of soil erosion. Each state determines how to allocate the funds it receives,

based on its own environmental priorities. EQIP is the only large conservation

11

Farm Service Agency, Conservation Reserve Program: Final Environmental Impact

Statement, Chapter 3 (2003).

12

For more information on the CRP, see CRS Report RS21613, Conservation Reserve

Program: Status and Current Issues, by Barbara Johnson.

13

Karen Klonsky and Florence Jacquet, “How Well do Green Payments Fit into the Green

Box?” Paper presented at the International Conference Agricultural Policy Reform and the

WTO: Where Are We Heading?, Capri, Italy, June 23-26, 2003, accessed at [http://www.

ecostat.unical.it/2003agtradeconf/], June 16, 2004.

CRS-6

program targeted to livestock production, as 60% of the funds each year must be

spent on practices that address associated problems, such as waste management.14

Wildlife Habitat Incentives Program (WHIP) (1996). WHIP provides

cost-sharing to landowners to develop or restore wildlife habitat on their agricultural

operations. In exchange, landowners voluntarily limit incompatible activities on the

land. WHIP targets at-risk species, declining habitats, and conservation practices that

are ineligible for other agricultural conservation program funds (e.g., fish passages).

Agreements range from 5 years to 15 years or more in duration. Funding is

distributed to states; each state ranks applications from landowners and sets local

wildlife habitat priorities. State ranking criteria include items such as proximity to

protected wildlife habitat, projected longevity of habitat created, and cost per acre.

Farm and Ranch Lands Protection Program (FRPP) (1996). FRPP

helps farmers keep their land in production by providing matching funds to state,

tribal, local, or non-governmental organizations that have existing farmland

protection programs to purchase permanent conservation easements from willing

sellers. The easements usually restrict non-farm development and subdivisions on

the land, although the landowner retains the right to farm the land. The landowner

must also implement a conservation plan to reduce soil erosion on any highly

erodible land. NRCS state officials decide which applications to fund, and each state

has an FRPP plan detailing the degree of development pressure, acreage of land to

be protected, acreage of land lost, and other program indicators.

Grasslands Reserve Program (GRP) (2002). The GRP targets grasslands

containing forbs15 or shrubs, especially areas that historically have been grasslands

and have potential to provide habitat for animal or plant populations of significant

ecological value. GRP also targets grasslands threatened with conversion to other

uses. GRP offers landowners a choice of easements (lasting 30 years or permanently)

or rental agreements (lasting 10 to 30 years). In exchange, landowners protect and,

if necessary, restore grasslands in accordance with an NRCS restoration agreement.

GRP has a total funding limit of $254 million and a total enrollment limit of 2

million acres between FY2003 and FY2007.

Conservation Security Program (CSP) (2002). CSP rewards producers

who proactively conserve environmental resources across their entire agricultural

operation, and encourages them to integrate whole-farm planning. This is in contrast

to EQIP, which helps producers address existing environmental problems. This

contrast has caused some analysts to characterize CSP as the most comprehensive

U.S. “green payments” program. The eligibility criteria for CSP reward a producer’s

historic record of conservation and provide incentives to do more conservation in the

future. It uses a three-tiered system that rewards increased levels of conservation on

enrolled lands with increased payments. For the lowest level — protecting one

natural resource on part of their operation — producers may earn up to $20,000

14

For more information on the EQIP, see CRS Report RS22040, Environmental Quality

Incentives Program (EQIP): Status and Issues, by (name redacted) and Jeffrey Zinn.

15

Forbs are also known as weeds or wildflowers. They provide important forage and seeds

for wildlife, as well as cover and protection from predators.

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annually, while for the highest level — protecting all natural resources on all of their

operation — producers may earn up to $45,000 annually.

Although CSP was designed to be a true entitlement and widely available for

many types of agricultural operations, the Bush Administration is implementing the

program with additional eligibility criteria designed to reward only the highest levels

of conservation, and only in designated watersheds (which change from year to year).

Congress has contributed to the limitations by repeatedly reprogramming funds that

had been destined for CSP to other purposes such as disaster relief, according to the

Congressional Budget Office. The first signup was held in FY2004, and CSP

supporters see a large potential for this program if adequate funding is made

available.16

Outlook for U.S. Financing of Agri-Environmental Measures

The U.S. voluntary agri-environmental programs noted above — the so-called

“farm bill” programs — received dramatic increases in funding authority in the 2002

farm bill. At the time of enactment, the Congressional Budget Office (CBO)

estimated the 2002 farm bill would increase overall spending for conservation and

environmental programs by 80%.17 These increases have not been fully realized,

however, because some of the increases authorized in the 2002 farm bill were

subsequently cut in annual appropriations.18 Additional reductions can be anticipated

as Congress and the Administration respond to budget pressures, including the costs

of the war in Iraq and Hurricane Katrina at home, and projected deficits. For more

information on the authorized amounts for these programs annually since FY2003,

and reductions proposed by the administration or enacted by Congress, see CRS

Report RS22243, Mandatory Funding for Agriculture Conservation Programs, by

Jeffrey Zinn.

16

For more information on the CSP, see CRS Report RS21740, Implementing the

Conservation Security Program, by (name redacted).

17

Based on CBO’s April 2002 baseline. Source: Economic Research Service, [http://www.

ers.usda.gov/features/farmbill/analysis/conservationoverview.htm], accessed September 16,

2004.

18

Although changes in mandatory programs usually require changes in authorizing

legislation, appropriators (who deal with discretionary funds) frequently limit mandatory

funding in annual appropriations bills. This provides savings that appropriators can use to

increase funding for discretionary programs. “Savings” are relative to a mandatory

program’s budget score, as calculated by the Congressional Budget Office (CBO).

CRS-8

Table 1. Measures of Selected U.S. Agri-Environment Programs

Program

Funding

Measures of Activity

Conservation

Reserve

FY2005:$1.937 billion

FY2006 (auth):39.2 mil.

acres (no dollar amount)

FY2006 (est): $2.020

billion

35.8 million acres were enrolled as

of Oct. 2005. A total of 2.0 million

acres were signed up during FY2004

and 468,000 acres were signed up

during FY2005. In last general

signup, 1.7 million acres were

offered and 1.2 million acres were

accepted. Includes several small,

more targeted components.

Wetlands

Reserve

FY2005:154,000 acres

FY2006 (auth.): 250,000

acres (no dollar amount)

FY2006 (est): 150,000

acres

1.63 million acres were enrolled by

Jan. 2005, with permanent

easements on 80% of that total. In

FY2004, 3 acres were offered for

every acre accepted. Includes

several small, more targeted

components.

Environmenta

l Quality

Incentives

FY2005: $1.017 billion

FY2006 (auth): $1.20

billion

FY2006 (est): $1.017

billion

Participants install structural,

vegetative, and land management

practices. About 77% of the funds

go to producers and 23% pays for

technical assistance. In FY2004,

only 42% of the 113,485

applications were funded because

demand greatly exceeded available

funding.

Wildlife

Habitat

Incentives

FY2005: $47 million

FY2006 (auth): $85 million

FY2006 (est): $43 million

Through FY2004, more than 2.8

million acres had been enrolled. In

FY2004, 3,012 contracts were

signed affecting 432,000 acres.

Farmland

Protection

FY2005: $112 million

FY2006 (auth): $100

million

FY2006 (est): $74 million

Through FY2004, almost $265

million had been obligated to

acquire 870 easements on almost

178,000 acres in 37 states; 959

additional easements are pending on

more than 209,000 acres in every

state.

Grasslands

Reserve

FY2005: $128 million

FY2006 (auth): $0

FY2006 (est): $0

All authorized funding ($254

million) was spent by the end of

FY2005, so there is no additional

funding in FY2006. In FY2004,

283,000 acres were enrolled under

1,055 contracts.

Conservation

Security

FY2005: $202 million

FY2006 (auth): $331

million

FY2006 (est): $259 million

In FY2004, 2,200 producers in 18

watersheds were enrolled; in

FY2005, 12,500 producers in 220

watersheds were enrolled; in

FY2006, 110 watershed will be

eligible.

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EU Agri-Environmental Policy

In the EU, the relationship between agriculture, the environment, and

development of rural areas has found expression in the concept of multifunctionality.

Farmers are viewed as producing not only food and agricultural products, but also

positive environmental and other benefits (externalities). Agri-environmental policy

focuses mainly, but not exclusively, on promoting positive externalities associated

with agricultural production. These include, among others, landscape, rural

amenities, and cultural heritage. The premise underlying agri-environmental policy

is that these externalities are public goods that are undervalued by the market and

therefore require social or public funding to induce farmers to produce them. More

broadly, the EU maintains that support of commodity production and farm incomes

that also engenders these positive externalities is also justified. Critics of the

concept argue that multifunctionality is intended to justify substantial income support

for farmers and that support for the public goods produced by agriculture should be

specifically targeted. In addition to meeting desirable social goals, EU agricultural

policymakers view shifting funds from commodity support to rural development,

including agri-environmental programs, as being more compatible with multilateral

efforts in the World Trade Organization (WTO) to curb domestic support, while

maintaining support that is not, or is at most minimally, trade-distorting.19

Since 1985, agri-environmental (green) payments as defined above have been

available to EU farmers. Successive reforms of the EU’s Common Agricultural

Policy (CAP) in 1992, 2000, and 2003 have placed increasing emphasis on green

payments to meet farm policy and social objectives. In the process, agrienvironmental measures have become more integrally a part of the CAP.

General EU Environmental Policy and Agriculture

Beginning in the 1970s, the EU issued a number of directives outlining

measures to deal with water pollution, nitrates, pesticides, and habitats and wild

birds. Although these initiatives were important to agriculture, they were taken as

part of the EU’s general environmental policy, outside the framework of the CAP.

These environmental regulations, as of January 1, 2005, became the basis of socalled “statutory environmental management requirements” with which EU farmers

must comply in order to be eligible for direct income support under the recently

reformed CAP (discussed below). These general environmental regulations cover the

following.

Water Protection. A series of directives enumerate undesirable or dangerous

substances and establish standards for protecting water sources and/or safeguard

water quality.20

19

20

See Batie and Horan, cited above.

The principal water protection directive is Council Directive 80/68/EEC , December 17,

1980, on the protection of groundwater against pollution caused by certain dangerous

(continued...)

CRS-10

Nitrates. The nitrate directive aims to reduce water pollution caused by nitrates

from agricultural sources by requiring member states to implement action programs

in areas identified as being vulnerable to pollution. Among other requirements, the

directive limits the application of manure to 170 kg of nitrogen per hectare.21

Pesticides. A number of directives, issued from 1976 to the early 1990s, aim

to reduce the public health risks associated with the use of plant protection products.

These directives establish and regulate maximum residue limits (MRLs) of pesticides

for various products, including fruits and vegetables, cereals, and livestock

products.22 Other directives deal with harmonization of various national regulations

concerning conditions, arrangements, and procedures related to the classification,

packaging and labeling of pesticides, and with registration and control of sales of

pesticides.

Habitats and Wild Birds (The Natura Network). These directives aim to

protect natural habitats of wild fauna and flora and to protect wild birds in their

habitats.23 Member states have to take the necessary measures to achieve these aims

and to notify protected areas to the European Commission. Most of the designated

areas are in agricultural or wooded areas created and maintained by farming or other

human activity.

Agri-Environmental Programs in the CAP

Environmental objectives initially were omitted from the CAP, which was

conceived primarily as a policy to support the operation of agricultural commodity

markets for the benefit of farmers and consumers. However, the CAP did include an

objective with respect to “structural” aspects of agriculture (e.g., farm size, farm

population characteristics, farm organizations, investment in production or marketing

facilities, or regional disparities), which served subsequently as a legal (and financial)

framework for agri-environmental measures.

Until 1992 (see below), agri-environmental measures were financed from a

separate structural fund, the Guidance Section of the European Agricultural

Guarantee and Guidance Fund (EAGGF), while commodity support was financed

from the Guarantee Section. Guidance funds averaged about 10% of the total

funding of the CAP (around EUR 4 billion); agri-environmental programs were only

a small portion of total Guidance spending. As structural measures, pre-1992 agri-

20

(...continued)

substances (OJ L 20, 26.1.1980, p. 43). In this and subsequent footnotes referring to EU

regulations, OJ refers to the Official Journal of the EU.

21

Council Directive 91/676/EEC of December 12, 1991, concerning the protection of waters

against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1).

22

Pesticide use on fruits and vegetables is covered by Council Directive 76/895/EE (L 340,

9.12.1976, p. 179); cereals by Council Directive 86/362/EEC (OJ L 221, 7.8.1986, p. 36);

and animal products by Council Directive 86/363/EEC ( OJ L 221, 7.8.86, p. 43)

23

Council Directive 92/43/EEC (OJ L 206, 22.7.92, p. 7) and Council Directive

79/409/EEC (OJ LO 103, 2.5.1979, p. 1)

CRS-11

environmental programs that meet the general definition of green payments used in

this memo were co-financed on a 50-50 basis by the EU and member states, although

the percentage of EU financing could be larger for projects in poorer regions. These

programs, which are now incorporated into the EU’s rural development policy,

provide compensation to farmers for undertaking specific agri-environmental

measures. Among the programs are the following.

The Less Favored Area Program (LFA).24 The LFA targets farmers in

mountainous areas, areas threatened with abandonment, and other areas where

agriculture is deemed necessary for the conservation or improvement of the

environment, management of landscape, promotion of tourism, or protection of

coastlines. Farmers in these areas can receive payments aimed at compensating the

costs and income losses resulting from implementation of environmental or

conservation measures. Member states identify the zones and implement the

programs in their national territories. LFA payments were fixed at EUR 200 per

hectare.

The “Efficiency” Regulations.25 As indicated by their designation, these

regulations were aimed at improving the efficient development of the agricultural

sector. The regulations encouraged, for example, the creation of agricultural

associations and the formation of groups of farmers to promote common use of

equipment in farming operations. It also introduced the possibility for member states

to make payments to farmers for environmentally friendly farming practices. Such

payments were subject to rules intended to prevent them from becoming national

subsidies of a competition-distorting nature. However, financing was by member

states only. Without EU funds, the regulations were not attractive to many member

states. As a result, only four countries (Denmark, Germany, the Netherlands, and the

United Kingdom) implemented agri-environmental programs under the efficiency

regulations.

Organic Farming.26 These regulations encourage farmers to engage in this

type of production, which is deemed beneficial and environmentally friendly because

of its emphasis on less intensive land use, exclusion of chemical inputs, and use of

conserving practices. The EU legislation establishes principles and rules to be

followed on production, processing, labeling, and imports of organically produced

products. They provide for inspection and control of the process at all stages in order

to verify that organic methods have been used. Incentive payments are available to

farmers who participate voluntarily in organic farming, and participants may receive

annual payments for up to five years and up to a maximum of EUR 3,000 per holding

per year.

24

Council Directive 75/268/EEC of 28.4.1975, OJ L 1289, 19.5.1975, p. 1

25

Council Regulation 797/85 of 12.3.1985 (OJ L 93, 30.3.1985, p. 1) and Council

Regulation 2328/91 of 15.7.1991 (OJ L 218, 6.8.1991, p. 1)

26

Council Regulation 2092/91 (OJ L 198, 22.7.91, p. 1) and Commission Regulation (EC)

1935/95, 22.6.1995 (OJ L 186, 5. 8.95, p. 1).

CRS-12

Agri-Environmental Measures in the 1992 CAP Reform

The EU undertook a major reform of the CAP in 1992. The major aims of the

reform were to reduce market surpluses, make agricultural products more competitive

in world markets, secure farmers’ incomes, and conform the CAP to anticipated

WTO rules and disciplines with respect to domestic support. The essential element

of the reform was to reduce price supports to farmers, while making direct payments

to farmers to compensate them for loss of income due to price reductions. At the

same time, the reform gave additional emphasis to agri-environmental measures.

Agri-environmental measures were dealt with in two ways in the 1992 CAP

reform. First, some agri-environmental measures were included in commodity

support programs; second, specific agri-environmental measures were introduced as

measures “accompanying” the market reforms. Examples of the former include

compulsory set-asides for large farmers, primarily to manage supplies but also to

foster the rotational release and recovery of arable land; limits on stocking density

(per holding or per hectare) in order to qualify for payments; extensification

premiums for further reducing stocking density per hectare; and payments to fruit and

vegetable producers made contingent on the adoption of environmentally sound

production practices.

The three accompanying measures in the 1992 CAP reform were:

!

!

!

agricultural production methods compatible with the requirements

of the protection of the environment and the maintenance of the

countryside;27

early retirement from farming;28 and

afforestation of agricultural land.29

For the agri-environmental accompanying measures, assistance, in the form of

payments, would be made to farmers or herders who voluntarily participated in

measures to:

!

!

!

!

!

!

reduce the use of fertilizers and chemical inputs;

introduce or continue with organic farming methods

change production methods toward or maintain extensification of

production;

reduce the number of animals per forage unit;

maintain the countryside and landscape and generally promote biodiversity;

ensure the upkeep of abandoned farmland or woodlands;

27

Council Regulation (EEC)2078/92 of 30.6.1992 (OJ L 215 30.7.92, p. 85), as amended

by Commission Regulation (EC)2772/95 (OJ L 288, 1.12.1995, p. 35).

28

29

Council Regulation (EEC) 2079/92 ) of 30.6.1992 (OJ L 215, 30.7.1992, p. 91).

Council Regulation (EEC) 2080/92 of 30.6.1992 (OJ L 215, 30.7.1992, p. 96).

Afforestation refers generally to establishing forest cover on agricultural land.

CRS-13

!

!

set aside farmland for at least 20 years for nature reserves or parks

or to protect hydrological systems; and

manage land for leisure activities and public access.

Payments were made to farmers to cover the costs and/or loss of income from

adopting the agri-environmental measures. In addition, assistance included measures

to improve the training of farmers with regard to farming or forestry practices

compatible with environmental protection.

The two other accompanying measures, though not principally agrienvironmental, also had environmental aspects. The principal aim of the early

retirement scheme was to encourage replacement of elderly farmers by younger ones

or to reallocate the land to non-agricultural uses. In both cases, member states were

to operate the programs “in harmony with the requirements of environmental

protection or assure that the land is used in a manner compatible with protection or

improvement of the quality of the environment and of the countryside” (Reg. EEC

2079/92). Similarly, the EU afforestation program aimed to encourage farmers to

withdraw their land from crop or livestock production for up to 20 years (a

permanent set-aside) and dedicate it to afforestation. Implementation of the program

was supposed to contribute to forms of countryside management more compatible

with environmental balance and to combat the effects of greenhouse gasses by

absorbing carbon dioxide through an eventual improvement in forest resources (EEC

2080/92).

Each member state could decide on its participation in the accompanying

environmental measures. Programs were funded from the Guarantee Section of the

EAGGF, not the Guidance Section, on a matching basis — 50% of the costs of the

programs were funded by the EU, 50% by member states. (EU co-financing for such

projects in poorer regions was 75%.) Farmers who voluntarily agreed to implement

agri-environmental measures for a minimum period of five years received annual

payments calculated on the basis of additional costs and income forgone and the

financial incentive needed to spur adoption. Payments were limited to EUR 450-900

per hectare.30 Payments were also made to livestock producers on a per animal unit

basis (EUR 210 for each sheep or cattle unit by which a herd is reduced; EUR 100

for each livestock unit of an endangered breed reared).

That these agri-environmental programs were funded from the Guarantee

Section of the EAGGF rather than the Guidance Section was an important change.

This is the first time that Guarantee funds were allocated to anything other than

commodity support. But whereas commodity support was totally financed by the

Guarantee Section, the Guidance Section approach of co-financing structural

programs on a matching basis was used to allocate the Guarantee funds to the agrienvironmental (and other rural development) programs.

30

One hectare is equivalent to 2.47 acres. 1 EUR is about $1.21 as of the date of this report.

Consequently, 450-900 EUR per hectare is about $220-$440 per acre.

CRS-14

Agri-Environmental Programs in Agenda 200031

The process of agricultural policy reform and of integrating agri-environmental

measures into agricultural policy was continued with the Agenda 2000 reforms. The

primary rationale for further reforming the CAP was to adapt it to the enlargement

of the EU by another 10 member states within existing budgetary and other limits.

A second rationale was to prepare the EU for new WTO agricultural trade

negotiations that were to have been launched in Seattle in 1999, but were launched

subsequently at Doha, Qatar, in 2001.

Agenda 2000 established adoption of agri-environmental measures as the only

compulsory element of EU rural development policy. Member states have to include

agri-environmental measures (such as those identified in the 1992 regulations) in

their rural development programs to tap funding available from the Guarantee

Section of the EAGGF.

Agenda 2000 also established rural development (including the agrienvironmental accompanying measures and the other environmental programs) as the

second pillar of the CAP, the first pillar being the commodity support programs and

direct income support payments to farmers. All of the rural development measures

are co-financed by the EAGGF Guarantee Section in all member states. This fund

has an annual average ceiling of EUR 4.3 billion for rural development (which

includes agri-environmental measures) for the budget period 2000 to 2006, about

10% of annual Guarantee funds under Agenda 2000. The EAGGF Guarantee

Section, as a rule, co-finances 50% of the cost of the rural development/agrienvironmental measures undertaken by member states. Poorer regions could qualify

for a higher percentage of EU co-financing.

2003 CAP Reforms and Agri-Environmental Programs32

A midterm review of Agenda 2000 undertaken by the EU resulted in further

significant reforms of the CAP in 2003. The major reform was the establishment of

a single farm payment decoupled from production (with some exceptions for certain

crops) to replace the myriad commodity payments made to EU farmers. Receiving

the single payment is contingent on farmers’ compliance with environmental and

other requirements (food safety, occupational safety, animal welfare) set at the EU

and national levels (cross-compliance). Cross-compliance is now compulsory and

all farmers receiving direct payments will be subject to it. Farmers will be sanctioned

for non-observance of these standards through cuts in direct payments. These policy

changes took effect on January 1, 2005. Member states still benefit from cofinancing of agri-environmental and other rural development measurers out of

Guarantee funds. The 2003 reform makes additional funds available for rural

development by reducing the Guarantee funds available for commodity price and

income support and transferring them to rural development, a process referred to as

modulation.

31

Council Regulation (EC) 1257/99 of May 17, 1999 (OJ L 160 26.6.1999, p. 80).

32

Council Regulation (EC) 1782/2003 L 270/1 21.10.2003, p. 1 ff.

CRS-15

Cross-Compliance with Agri-Environmental Measures. In order to

qualify for the single farm payment, EU farmers must observe “statutory mandatory

requirements” related to the environment as well as “good agricultural and

environmental farming practices.” (Cross-compliance also entails meeting standards

for food safety and animal welfare). No additional compensation is available to

farmers for meeting these minimum standards. The statutory mandatory requirements

include the regulation established in the water protection, nitrate, pesticide, and

habitats and wild birds directives discussed above. Good farming practices are

spelled out in the regulation implementing the 2003 reforms (see Table 2).

Table 2. Good Agricultural and Environmental Practices

Issue

Standards

Soil erosion:

Protect soil through appropriate measures

— Minimum soil cover

— Minimum land management

reflecting site-specific conditions

— Retain terraces

Soil organic matter:

Maintain soil organic matter levels

through appropriate practices

— Standards for crop rotations where

applicable

— Arable stubble management

Soil structure:

Maintain soil structure through

appropriate measures

— Appropriate machinery use

Minimum level of maintenance:

Ensure a minimum level of maintenance

and avoid the deterioration of habitats

— Minimum livestock stocking rates

or/and appropriate regimes

— Protection of permanent pasture

— Retention of landscape features

— Avoiding the encroachment of

unwanted vegetation on agricultural

land

Source: Annex IV of Council Directive (EC) No 1782/2003.

Farmers who do not comply with the statutory management requirements or

good agricultural and environmental practices “as a result of action or omission

directly attributable to the individual farmer” will be subject to reduction or

cancellation of their single farm payment. If non-compliance results from negligence,

the farmer’s payment is reduced by a minimum of 5% or, in the case of repeated noncompliance, 15%. If non-compliance is intentional, the percentage reduction will be

not less than 20% and may go as high as the total payment for one or more calendar

years. Member states get to keep 25% of any amounts derived from non-compliance.

Member states are responsible for carrying out spot checks to verify that farmers

are complying with the requirements. The European Commission is responsible for

ensuring that the member states are enforcing cross-compliance and providing them

with technical assistance if needed.

Assistance to Farmers in Meeting Standards. The 2003 reforms added

two measures that assist farmers in meeting the new, more demanding standards.

CRS-16

Temporary and degressive support will be payable to farmers to help them adapt to

the introduction of the new standards. Assistance will be on a flat-rate basis and

degressive for a maximum period of five years and subject to a ceiling of EUR

10,000 per holding in any year. Support will also be available to help farmers with

the costs of using farm advisory services to assess the performance of their farm

business against the new cross-compliance standards being introduced. Farmers may

receive up to a maximum of 80% of the cost of such services, subject to a ceiling of

EUR 1,500 per service.

Support for Implementing Natura (2000). The 2003 CAP reforms also

made some changes in the Natura 2000 program (see page 7). Per hectare funding

for areas covered by the habitats and wild birds directives will be increased.

Assistance can start at EUR 500 per hectare, declining to EUR 200 per hectare over

five years. Higher payments initially are intended to reflect higher initial costs

associated with adjustment of farming practices when land is designated under the

Natura 2000 program. The total area eligible for Natura 2000 funding is no longer

restricted to a maximum of 10% of the area of a member state.

Increased EU Co-Financing for Agri-Environment (and Animal

Welfare). EU co-financing for these measures increases to a maximum of 85% in

poorer regions and 60% in other areas. (Previous co-financing of rural development

measures was 75% for poorer regions and 50% for all others.)

Increased Support for LFAs. Compensatory allowances for LFAs are

increased to a maximum of EUR 250/hectare (on average at member state levels).

Previously, per hectare payments in LFAs were set at EUR 200.

Additional Financing for Rural Development Policy

(Modulation)

The 2003 CAP reforms also introduced a new system for financing rural

development (including agri-environmental) policy called compulsory modulation.

Under compulsory modulation funds from commodity support will be transferred to

rural development support. Member states may then use the additional funds to

finance new rural development measures or to increase financing of existing

measures. Under the system, farms receiving over EUR 5000 a year in direct

payments will have those payments reduced (i.e., modulated) by 3% in 2005, 4% in

2006, and 5% from 2007 onward. The additional funds become available in 2006.

When the modulation rate reaches 5%, estimates are that it will result in additional

EU rural development funds (inflation-adjusted) of EUR 1.2 billion per year (over

the 4.3 billion previously allocated).

Currently EU agri-environmental programs account for 52% of rural

development spending (from both EU and member states’ financing). Within the

rural development spending category, agri-environmental programs compete with

rural restructuring (e.g., investment aids) and non-farm rural economy programs (e.g.,

agri-tourism or village renewal). Despite these competing programs within the rural

development program, spending on agri-environmental measures appears likely to

CRS-17

continue as a substantial component of total rural development spending over the

2007-2013 EU budget period (Table 3).33

Table 3. Proposed Budget Commitments for the CAP,

Rural Development, and Total EU Spending

(EUR million — 2004 prices)

2007

2008

2009

2010

2011

2012

2013

Rural

Development

11,759

12,235

12,700

12,825

12,952

13,077

13,205

Total

CAP

55,259

55,908

56,054

55,859

55,666

55,863

55,497

Total EU

133,560 138,700

143,140

146,670

150,200

154,315 158,450

Note: Rural development, which includes spending on agri-environmental measures, is a component

of total CAP spending.

Funds generated by modulation will be distributed among all member states for

use in their rural development programs financed by the EAGGF Guarantee Section.

As of 2007, 20% of the modulation money generated in a member state will be

allocated to that member state. The remaining amounts will be redistributed among

member states, according to their

!

!

!

agricultural area;

agricultural employment;

GDP per capita purchasing power.

Every member state, however, will get back at least 80% of the modulation funds

generated from its farmers.

In September 2005, the EU’s Council of Ministers adopted a new Rural

Development Regulation (2007/2003). Under this new legislation, rural development

funding (including agri-environmental funding) will be centralized in one single

fund: The European Agriculture Fund for Rural Development (EAFRD). The

regulation establishes that a minimum of 25% of rural development spending will

focus on environmental stewardship in land management.34

EU Spending on Agri-Environmental Measures

It is difficult to get an estimate of EU and member states’ total spending on agrienvironmental programs, particularly since funding of such activities is a shared

33

“Proposed budget commitments for the CAP,” in AgraFacts, June 30, 2004, published

for Agra-Europe (AgE) Bonn, German Federal Republic, by AGRA, 84 Boulevard de

Sebastopol, 75003 Paris, France.

34

The rural development regulation is discussed at [http://www.fas.usda.gov/scriptsw/

attacherep/attache_lout.asp]

CRS-18

responsibility between the EU and the member states. Nevertheless, an idea of how

much is spent on this category of programs is included in the EU’s notification to the

WTO of domestic support for agriculture in 2000-2001 (marketing year), the most

recent year available.35 The EU reports spending by the EU and its member states of

EUR 5.7 billion for “protection of the environment and preservation of the

countryside, control of soil erosion, extensification, aid for environmentally sensitive

areas; support and protection of organic production by creating conditions for fair

competition; aid for forestry measures in agriculture; (and) conservation of genetic

resources in agriculture.” In contrast, the United States, in its WTO notification,

reports spending of $2.7 billion for various environmental programs in its 2000-2001

notification.36

Some Concluding Observations

This review of U.S. and EU current agri-environmental policies reveals both

similarities and differences (see Table 4 following this section). Many of the major

environmental topics dealt with by U.S. and EU policy and programs are much the

same — soil and water quality, wildlife habitat, farmland preservation and protection,

and wetlands protection and restoration, but how they are addressed is different in

many significant ways. One major difference is the extent to which cross-compliance

measures are used in relation to receipt of commodity support payments. Although

U.S. agri-environmental policy has emphasized voluntary participation, farmers or

ranchers with erodible lands or wetlands must comply with cross-compliance

measures as a condition for receiving commodity payments. In the EU, on the other

hand, all farms (as of January 1, 2005) are required to meet certain statutory

environmental management requirements and observe “good agricultural and

environmental practices” in order to receive support payments (provided as a single

farm payment).37

In the United States, the federal government is primarily responsible for

program administration and funding. It provides technical assistance and financial

or cost-sharing assistance developing and implementing conservation plans. In

contrast, EU member states are primarily responsible for administering agrienvironmental programs which are co-financed generously by the European

Commission. Farmers receive technical assistance to enable them to meet the

compulsory agri-environmental standards and financial aid as they implement

activities to meet the standards.

In the United States, integrating agri-environmental programs with rural

development policy and shifting funds from commodity to agri-environmental efforts

35

The EU notification of domestic support for agriculture for MY2000-MY2001 is available

at [http://docsonline.wto.org/DDFDocuments/t/G/AG/N/EEC/49.doc].

36

The U.S. notification of domestic support for agriculture for MY2000-MY2001 is

available at [http://docsonline.wto.org/DDFDocuments/t/G/AG/N/USA/51.doc].

37

A discussion and evaluation of the EU’s recent policy reforms is Analysis of the 2003

CAP Reform prepared by the Organization for Economic Cooperation and Development

(OECD), Paris, France, 2004.

CRS-19

are at issue. To date, United States policy makers have not chosen to make this

linkage or to transfer funds. EU policymakers seem to have made a decision to

integrate agri-environmental programs into a broad rural development policy. The

EU, as part of its most recent reform of the CAP, has also made a policy decision to

shift increasing amounts of funds from commodity to agri-environmental support.

Part of the difference between the United States and the EU with respect to funding

derives from different approaches to budgeting for agricultural programs in the EU

and the United States. While the EU operates on a seven-year fixed budget for

agriculture (with inflation factors built in), the United States operates with budgets

decided in annual appropriations legislation, although programs are authorized for

multi-year periods.

Further developments in agri-environmental policy in both the United States and

the EU will likely depend at least in part on outcomes from ongoing multilateral

agricultural trade negotiations. If these negotiations result in further restrictions on

trade-distorting domestic commodity support, farmers, ranchers, and policymakers

may view increased funding for green payments as an attractive alternative for

providing support to agriculture. If further restrictions are required, it seems more

likely that the United States and the EU will look at the other’s policies and

experiences more closely. If such an examination demonstrates that historic and

current differences are extensive and difficult to overcome, it may be that a broad and

imprecise definition of green payments will serve the interests of diverse parties who

participate in farm policy debates.

For U.S. policy, the status of these negotiations in early 2007, when crafting the

next farm bill is likely to start in earnest, will be particularly important because

designers of this legislation and interest groups will likely give the status and

direction of these negotiations strong consideration as they contemplate farm bill

options. If the outcome of the negotiations is uncertain while the farm bill is being

debated, this uncertainty will compound the intensity of the debate, and possibly

result in the inclusion of language in legislation giving the Department greater

flexibility in implementation.

Congressional discussion of green payments may become contentious for other

reasons as well. One source of that contention may be the translation of the concept

into policies and programs. Most interests involved in farm policy who have

expressed an opinion support the general concept of green payments. But as the

discussions become more specific, participants may find that they have different

views about program design, funding allocations, administrative responsibilities and

similar questions, making it difficult to hold together coalitions of supporters.

Among the most difficult of these questions may be deciding whether such a program

should include a significant income support component and contribute to the “bottom

line” of each participant, or should it be limited to covering costs to install and

maintain conservation practices. A related question may be deciding what is to be

accomplished through a green payment approach. Some may view it as meeting

international obligations, and seek a minimal program with limited impact to current

domestic efforts, while others may view it is a major new and positive direction in

farm policy, and seek to make it large and far-reaching. One aspect of discussing

these options may be over whether payments should be based on cost-sharing for

individual practices, which has a long history in agri-environmental policies, or on

CRS-20

the level of improved environmental performance that results from installing

practices.

Consideration of green payments may also include a debate over questions of

scale. To this point, all conservation programs are implemented at the scale of an

individual farm. Green payments could include additional incentives for coordinated

and collective action that have much larger cumulative benefits than actions on

individual farms are likely to result in. Such programs could be designed around the

magnitude of the benefits that the group provides, and grow or shrink for all members

of the group as the participation, and therefore the benefits, change.

Differences between the United States and the EU in how green payments have

been defined and translated into policy and programs may make consideration of EU

agri-environmental policy as a model or source of ideas problematic. Some aspects

of EU policy, e.g., compulsory cross-compliance with agri-environmental measures

as a condition for receiving price and income support, differ substantially from

historical U.S. practice, in which cross-compliance has been far more sparingly

applied. Spending on agri-environmental programs in the United States has been

relatively less than in the EU, both as a portion of total federal spending for

agriculture and as an amount spent. Identifying sources of increased funding for agrienvironmental programs, even in the context of possible new WTO restrictions on

other forms of farm support, might still be difficult given projected budget deficits.

Even with new multilateral restrictions on farm subsidies, agri-environmental

programs might compete unfavorably with the more conventional forms of farm

support or with other WTO-compatible programs.

Apart from funding

considerations, a consensus for linking agri-environment and rural development with

more traditional farm program measures has not emerged in the United States as it

apparently has in the EU. So the extent to which EU agri-environmental policy could

serve as a model or source of ideas for U.S. agri-environmental policy remains to be

seen.

Table 4. Comparison of Current U.S. and EU Agri-Environmental

Policies

Key Policy Aspects

U.S.

EU

Overall purpose of

policy

Encourage voluntary

adoption of agricultural

practices that benefit the

environment.

Integrate range of environmental

and socio-economic goals into

agricultural policy.

Program

administration and

funding

Federal government

primarily responsible for

administration and

funding.

Member States primarily

responsible for program

administration; co-financing with

EU on formula basis.

CRS-21

Key Policy Aspects

U.S.

EU

Relationship to

Commodity

Payments

Cross-compliance

required for farms with

certain types of land to

receive commodity

payments (see “crosscompliance,” below).

In principle, cross-compliance

with all agri-environmental

programs required for all farms to

receive commodity payments.

Major issues

addressed by agrienvironmental

policy

- Soil quality

- Water quality

- Wildlife Habitat

- Farmland Preservation

- Grassland and Wetland

Protection and

Restoration

- Water Conservation

- Air Quality.

- Soil quality

- Water quality

- Wildlife habitat

- Farmland Preservation

- Wetland Protection and

Restoration

- Nitrates

- Pesticides

- Wild birds

- Stocking density

- Permanent pastures

- Rural landscape

(Also food safety, animal welfare,

promotion of rural development).

(The US addresses

pesticides through

regulation.)

Cross-Compliance

Measures: Programs

or specific actions

required to receive

direct commodity

support payments

Compulsory crosscompliance with resource

conservation measures:

-Conservation

compliance (erodible

lands in production)

- Sodbuster (erodible

grasslands being brought

into production)

- Swampbuster

(converting wetlands to

production).

Compulsory cross-compliance

with:

- Statutory (environmental)

management requirements

- “Good Agricultural and

Environmental Practices;”

- Other standards (food safety,

animal welfare).

Assistance to

producers to meet

compulsory

measures

Technical assistance for

developing conservation

plans; financial or costsharing assistance to

implement plans.

Temporary and degressive

(reduced over time) compensatory

financial aid to meet standards;

technical assistance (farm

advisory services).

Voluntary Programs

Many opportunities,

including CRP, WRP,

EQIP, WHIP, GRP, FPP,

CSP and other smaller

programs.

Member State programs cofinanced with EU, e.g., reduction

of fertilizer use, organic farming,

extensification, upkeep of

abandoned farmland, or

permanent set-aside.

Source: Congressional Research Service, based on literature review including U.S. and EU

publications.

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Green Payments in U.S. and European Union Agricultural Policy · RL32624 | Frix