Report on legal aspects on contractual solutions for the delivery of public goods: CONSOLE, CONtract Solutions for Effective and lasting delivery of agri-environmental-climate public goods by EU agriculture and forestry, research and innovation action: H2020 - GA 817949

This report aims to cover the most important legal aspects identified in the CONSOLE project. In particular, it addresses contracts targeting the delivery of public environmental goods and services as well as climate action. Furthermore, it examines in greater depth land tenure contracts, result-based contracts and collective contractual solutions. Value chain contracts, which are essentially product-based as opposed to land-based, has been tackled in workshop. Insights gained from that event have been the main source of information. The new legal framework for the next CAP programming period, which will be implemented from 2023, has been taken into account in this report. This has greater relevance for result-based and collective contract solutions, as for both of these EU co-financing is possible. - The evolution of legislation: much European agricultural legislation falls within the ambit of the CONSOLE project, with there being major ongoing developments. More specifically, besides the regulations to carry into effect the new CAP reform, there is ongoing development of the Green Deal, yet to be fully implemented, as well as a need to ensure articulation between the CAP reform and the Green Deal. Notably, the Green Deal engages both legal texts and policy documents, some of these being integral to the Green Deal itself, such as the Farm to Fork Strategy1 and the Biodiversity 2030 Strategy2 . There will also be consideration of legislation concerning sustainable finance, in which area several texts are again still at the preparatory stage. - The imperative of a comparative law approach: in this context, contractual analysis involves a study of the individual legislation of each Member State. The richness of the CONSOLE project is that it has participants from 13 different countries, so embracing 13 different national legal systems. This diversity is reflected in the case studies across the range of CONSOLE partners. Together with legal analysis of these case studies, the report conducts a closer investigation of the legal position in France for land tenure based contracts and in England for result-based approaches. It is divided into four parts, which can be read independently from one another. The first part aims to explore the legal framework applicable to contractual solutions for the delivery of environmental goods and services. The second part focuses on land tenure contracts, considering their use for the delivery of environmental goods and services. A third part is directed to result-based contracts. They constitute a fast-evolving and distinctive approach, at the same time forming part of the new emphasis on environmental performance which has received impetus at European level in the context of the CAP reform. A fourth part focuses on the implementation of collective contractual solutions. This is important because the collective dimension operates as an extension of many other forms of contract to realise more effective delivery of environmental goods and services. Value chain contracts are not included in this Report. Because they are essentially product-based as opposed to land-based, and therefore generate different considerations, they will instead be addressed through a separate Workshop.