28 Amendments of Nils TORVALDS related to 2023/0232(COD)
Amendment 223 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The objective of the Directive is to put in place a solid, flexible and coherent soil monitoring framework for allrelevant soils across the EU and to continuously improve soil health in the Union with the viewaim to achieve healthy soils by 2050 and maintain soils in healthy condition, so that they can supply multiple ecosystem services at a scale sufficient to meet environmental, societal and economic needs, prevent and mitigate the impacts of climate change and biodiversity loss, increase the resilience against natural disasters and for food security and that soil contamination is reduced to levels no longer considered harmful to human health and the environment.
Amendment 297 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shallmay establish soil districts throughout their territory.
Amendment 308 #
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. When establishing the geographic extent of soil districts, Member States mayshall take into account existing land use and administrative units and shall seek homogeneity within each soil district regarding the following parameters:
Amendment 338 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. Member States should make use of the expertise of national research institutes and existing national monitoring systems.
Amendment 340 #
Proposal for a directive
Article 6 – paragraph 3 – point a a (new)
Article 6 – paragraph 3 – point a a (new)
(a a) existing soil monitoring frameworks;
Amendment 341 #
Proposal for a directive
Article 6 – paragraph 3 – point a b (new)
Article 6 – paragraph 3 – point a b (new)
(a b) available data and assessments of soil health in Member States;
Amendment 343 #
Proposal for a directive
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) therustworthy and scientifically robust remote sensing data and products referred to in paragraph 5 of this Article, if any;
Amendment 348 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 358 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shallmay, subject to agreement from Member States concerned, carry out regular soil measurements on soil samples taken in-situ, based on the relevant descriptors and methodologies referred to in Articles 7 and 8, to support Member States’ monitoring of soil health. Where a Member State provides agreement in accordance with this paragraph, it shall ensure that the Commission can carry out such in-situ soil sampling.
Amendment 360 #
Proposal for a directive
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. The Commission and the EEA shall, on the basis of existing data and within two years of the entry into force of this Directive, establish a digital soil health data portal that shall provide access in georeferenced spatial format, in line with the regulation 223/2009 of the European Parliament and of the Council, to at least the available soil health data resulting from:
Amendment 370 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
When monitoring and assessing soil health, Member States shall apply the relevant soil descriptors and soil health criteria listed in Annex I, while taking into account national, local, climatic and soil type specificites.
Amendment 371 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may adapt the soil descriptors and the soil health criteria referred to in part A of Annex I, in accordance withbased on the specifications referred to in the second and third columns in part A of Annex I, taking into account national, local, climatic and soil type specificites.
Amendment 380 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall set soil health criteria for the soil descriptors listed in part B of Annex I in accordance with the provisions set out in the third column in part B of Annex I, taking into account national, local, climatic and soil type specificites.
Amendment 389 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall determine sampling points by applying the methodology set out in part A of Annex II, taking into account risk assessments based on existing monitoring systems.
Amendment 390 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall, based on a risk-based assessment and existing monitoring systems, determine sampling points by applying the methodology set out in part A of Annex II.
Amendment 405 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 408 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex II in order to adapt the reference methodologies mentioned in it to scientific and technical progress, in particular where values of soil descriptors can be determined by remote sensing referred to in Article 6(5).
Amendment 413 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Member States shall assess the soil health in all their soil districts based on the data collected in the context of the monitoring referred to in Articles 6, 7 and 8 for each of the soil descriptors referred to in Parts A and B of Annex I and and taking into account documented changes in the sampling areas.
Amendment 414 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Member States shall assess the soil health in all their soil districts based on the data collected in the context of the monitoring referred to in Articles 6, 7 and 8 for each of the relevant soil descriptors referred to in Parts A and B of Annex I.
Amendment 426 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – introductory part
Article 9 – paragraph 2 – subparagraph 1 – introductory part
A soil is considered healthy in accordance with this Directive where the following cumulative conditions are fulfilled, or when there are harmless or acceptable deviation from the target values, taking national, local, climatic and soil specific conditions into account:
Amendment 434 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point a
Article 9 – paragraph 2 – subparagraph 1 – point a
(a) the values for allthe relevant soil descriptors listed in part A of Annex I meet the criteria laid down therein and, where applicable, adapted in accordance with Article 7;
Amendment 440 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point b
Article 9 – paragraph 2 – subparagraph 1 – point b
(b) the values for allthe relevant soil descriptors listed in part B of Annex I meet the criteria set in accordance with Article 7 (‘healthy soil’).
Amendment 449 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Soil is unhealthy where at least one of the relevant criteria referred to in subparagraph 1 is not met (‘unhealthy soil’)to a significant degree and one other relevant criteria is not met (‘unhealthy soil’). If one relevant critera is not met to a significant degree, while all other criteria are met, the competent authority should assess if this can justify that the soil is deemd to be unhealty, taking into account national, local, climatic and soil specifities.
Amendment 502 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point a
Article 10 – paragraph 1 – subparagraph 1 – point a
(a) defining sustainable soil management practices respectingtaking into account the sustainable soil management principles listed in Annex III to be gradually implemented on all managed soils and, on the basis of the outcome of the soil assessments carried out in accordance with Article 9, regeneration practices to be gradually implemented on the unhealthy soils in the Member States;
Amendment 525 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 674 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient.
Amendment 677 #
Proposal for a directive
Article 23
Article 23
Amendment 736 #
Proposal for a directive
Annex III – paragraph 1 – point d
Annex III – paragraph 1 – point d
(d) ensure that machinery use is adapted to the strength of the soil, and that the number and frequency of operations on soils are limited so that they over time do not compromise soil health;