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Which ESG obligations apply to the agricultural sector

A sector hit on multiple fronts at once

The agricultural sector is structured differently than most sectors for which ESG rules have been written. Where much legislation assumes a company with an office, a production line and a chain of suppliers, agriculture consists of a multitude of businesses of very different sizes, interwoven with land, water, animals and seasons. An arable farm, an intensive livestock operation and a cooperative that bundles hundreds of members do not automatically fall under the same rules. What is an individual obligation for one comes in via the chain for another: as a requirement from a buyer, a bank or a cooperative that is itself subject to reporting obligations.

On top of that, agriculture is by definition organised across borders. Land, water and climate mean that environmental rules are often stricter or more specific than in other sectors, and that national implementation of European frameworks carries extra weight here. A manure regulation, a water directive or a soil use standard may be laid down at European level, but the precise limits and implementation differ by country and sometimes by region. Anyone who only looks at the European text misses the part that really matters.

Three layers stacking up

For an agricultural business, three types of obligations generally run through each other. The first layer is environmental and climate legislation that directly affects the operation: emissions, water use, soil, biodiversity. The second layer is chain responsibility: reporting obligations that do not originate with the agricultural business itself, but with the buyer, the processor or the retailer further down the chain who does fall under due diligence or reporting legislation and passes those requirements backwards. The third layer is company-specific: depending on legal form, size and financing structure, a business can also become directly subject to reporting obligations itself.

Which layer weighs most heavily differs per business. A small independent grower mostly experiences ESG as something that comes in via the buyer. A large cooperative or a processing company with substantial revenue can itself be subject to reporting obligations and must then also substantiate how it deals with the countless affiliated members in its own chain. That makes "which rules apply to agriculture" a question that cannot be captured in a single answer, but can be captured in a precise structure: who is obligated, why, and on the basis of which criterion.

What is structurally underestimated here

The common thread running through agricultural ESG obligations is that the national add-on often weighs more heavily than the European base. A European directive sets a framework, but the way a member state translates that into manure standards, water management or nitrogen rules determines in practice what a business actually has to do and demonstrate. Businesses that operate internationally, or that supply products in multiple countries, run the risk of assuming a single rule while in fact a different standard applies per country. That same underestimation of national implementation is not unique to agriculture. How that plays out elsewhere is addressed in the overview of ESG obligations in the energy sector, where permits and climate targets also differ strongly by country, and in the overview of ESG obligations in the real estate sector, where construction and energy standards are implemented nationally in a similar way.

The chain layer also deserves attention. An agricultural business that supplies a financial institution, for example through lending or investment relationships, can become part of that institution's reporting. What exactly is asked there relates to the rules that apply to ESG obligations in financial services. Anyone who thinks ESG is a matter for the large players in the chain underestimates how quickly an obligation ends up with a smaller business via a contract or financing condition. That mechanism, and why it is so often experienced as a surprise, is described in why companies are surprised by legislation.

From which rules to who demonstrates them

Knowing which rules a business falls under is a starting point, not an end point. The follow-up question is who within the organisation is responsible for which obligation, what evidence belongs with it and which control demonstrates that the evidence is correct and stays up to date. For a board or CFO who must be able to show that, that translation step is often harder than looking up the rule itself. How that demonstrability is built up is described in how a board demonstrates that it is in control.

The Compliance Check

The Compliance Check brings these layers together into an overview per obligation: who the owner is, what evidence is needed and which control belongs with it. For an agricultural business, that means a structure that takes into account environmental rules, chain obligations and the national implementation that differs by country, instead of a list that assumes a single uniform European rule. The tool is still under construction. Anyone who wants to use it once it becomes available can sign up for the waiting list.

An adjacent question, once it is clear which obligations apply and who must demonstrate them, is how much of the work around this a team has to do itself and how much of it can be taken over. The work scan from FTE TO AI calculates per task which part of that work can be taken over by AI, so that it becomes clear where people remain necessary and where support is possible.

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Answers come from this site’s knowledge base. Not tailored advice, and not a scan of your company.