Farm subsidies: India must keep a vigil
Business Line
James J Nedumpara /
Sparsha Janardhan
March 27, 2019
Waiving off farm loans
is the worst thing to do: Lord Meghnad Desai
Fertiliser Ministry seeks additional Rs 23,000
crore to clear Jan-Mar subsidy bill
WTO‘s ruling on China’s
farm subsidies has important lessons for India and other developing nations.
Agriculture is a widely
subsidised sector in several countries. Amidst the escalating trade war between
the US and China, the WTO gave a notable ruling in February 2019, in a
challenge involving certain agricultural policies of China. This ruling is on
one of the two disputes filed by the US against China’s farm subsidies on
grains.
China – Agricultural
Producers (DS511) related to China’s compliance with its domestic support
commitments under the WTO Agreement of Agriculture (AoA). China not being an
original WTO member, but a member that acceded much later, received a certain
unique treatment. China undertook obligations not to provide domestic support
in excess of the de minimis level of 8.5 per cent of the total value of
agriculture production.
Although China received
treatment as a developing country, it did not receive the cushion of 10 per
cent de minimis limit which other developing countries received. In this
dispute, the allegation was that China exceeded the de minimis for Indica rice,
Japonica rice, wheat and corn for the years 2012 to 2015. The calculation of
domestic subsidies in agriculture is particularly complex and is captured in
the concept ‘aggregate measurement of support’ (AMS). Most governments provide
agriculture subsidies in the nature of market price support. In China, the
Minimum Procurement Price (MPP) programmes for wheat and rice apply in certain
provinces such as Hubei, Anhui, and Jiangsu.
Under the programme,
government purchases of agricultural products occur only when market prices
fall below the established MPP level. Such market price support programmes
should be included in the calculation of AMS.
Complex calculations
The AMS is not just the
budgetary expenditure of the government to provide subsidies to the agricultural
products. It depends on certain external factors as well. The calculation of
quantum of market price support is based on the price gap between the ‘applied
administered price’ identified in the domestic support measure and the ‘fixed
external reference price’ multiplied by the quantity of eligible production.
An understanding of
these concepts is crucial in evaluating the agriculture policies of other
agrarian countries such as India. India too provides certain minimum support
price (MSP) for agricultural products, which is akin to the applied
administered price.
The determination of
AMS significantly depends on the quantity of production eligible to receive the
applied administered price. There is lack of clarity in the AoA as to whether
“eligible quantity of production” refers to the total production of the
concerned product or the amount actually procured by a WTO member.
The China dispute sheds
some light on the quantity of eligible production, albeit in a limited sense.
Previously, the Appellate Body ruling in Korea –Beef (2000) interpreted the
eligible quantity of production to mean the amount of commodity produced that
is entitled to receive the support, rather than the production actually
purchased by the government.
Interestingly, China
applied a number of criteria to limit the quantity of eligible production, such
as: the geographical scope (MPP programmes limited to certain provinces),
temporal scope (time period in which purchases were made), activation and
de-activation (procurement only in cases where price drops below certain
levels), minimum grain quality requirement, and consumption of grains in
small-scale farms.
The WTO panel examined
these factors and concluded that the quantity of production eligible to receive
the market price support to be the entire volume of production in the relevant
specified provinces. China successfully convinced the panel on the geographical
scope and the grain quality requirement but failed to do so with the rest of
the criteria. Pursuant to AMS calculations, the panel concluded that China had
breached its de minimis level and acted inconsistently with the AoA.
The decision’s import
This decision has
significance for a number of developing countries, including India. Most
developing countries do not set targets for procurement of foodgrains in their
market price support programmes. A possible consequence could be that some of
the agriculture support programmes could come under WTO dispute scrutiny.
The Ministerial
Decision in Bali on Public Stockholding for Food Security Purposes gives
reasonable comfort to developing countries to provide agricultural support for
food security purposes. However, countries will have to fulfil certain
conditions such as notification and transparency requirements. Developing
countries that take recourse to the Bali decision will find some parts of the
China farm dispute particularly useful and instructive.
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