34 Amendments of Fulvio MARTUSCIELLO related to 2023/0232(COD)
Amendment 182 #
Proposal for a directive
Recital 38
Recital 38
(38) Economic instruments, including those under the Common Agricultural Policy (CAP) that provide support to farmers, have a crucial role in the transition to the sustainable management of agricultural soils and, to a lesser extent, forest soils. The CAP aims to supports soil health through the implementation of conditionality, eco-schemes and rural development measures. Financial support for farmers and foresters who apply sustainable soil management practices can also be generated by the private sector. Voluntary sustainability labels in the food, wood, bio-based, and energy industry, for example, established by private stakeholders, can take into account the sustainable soil management principles set out in this Directive. This can enable food, wood, and other biomass producers that follow those principles in as part of sustainable soil management practices without additional burdens on farmers. Any additional burdens on farmers will have to be supported by adequate resources. Financial support for farmers and foresters who apply sustainable soil management practices can also be generated by their production to reflect these in the value of their productsivate sector. Additional funding for a network of real-life sites for testing, demonstrating and upscaling of solutions, including on carbon farming, will be provided through the Soil Mission’s living labs and lighthouses. Without prejudice to the polluter pays principle, support and advice should be provided by Member States to help landowners and land users affected by action taken under this Directive taking into account, in particular, the needs and limited capacities of small and medium sized enterprises.
Amendment 251 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services taking into consideration the land use and its purpose;
Amendment 301 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
The number of soil districts for each Member State shall as a minimum correspond tobe in line with the political, administrative and legal territorial governance structure already established within the nuMember of NUTS 1 territorial units established under Regulation (EC) No 1059/2003State, also trying to match soil types, climatic conditions, environmental zones and territorial areas as much as possible. The number of soil districts must be limited to avoid fragmentation.
Amendment 305 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. When establishing the geographic extent of soil districts, Member States shall identify national and international coordination bodies based on the political, administrative and legal territorial governance structures already established within the Member State, which will communicate directly with the European Commission in order to ensure the most effective implementation of monitoring and reporting on heterogeneous soil types, climatic conditions, environmental zones and land uses.
Amendment 306 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 322 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Member States shall designate the competent authorities responsible for the appropriate political, administrative and legal territorial body to perform the tasks provided for in this Directive.
Amendment 344 #
Proposal for a directive
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) the relevant remote sensing data that is approved scientifically and products referred to in paragraph 5 of this Article, if any;
Amendment 345 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1 (new)
Article 6 – paragraph 3 – subparagraph 1 (new)
For the purposes of monitoring activities, no economic burden should be placed on the landowner and land manager.
Amendment 353 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall, 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, only with the express permission of the landowner and land manager.
Amendment 368 #
Proposal for a directive
Article 6 – paragraph 8
Article 6 – paragraph 8
8. The Commission shall adopt implementing acts to establish formats or methods for sharing or collecting the data referred to in paragraph 7 or for integrating those data in the digital soil health data portal. Those implementing actensures that all data collected are aggregated and anonymised to ensure full protection of the private property of land owners and managers. Data collected and analysed for future academic or scientific use must recognise historical land use, production and recultivation activities sthall be adopted in accordance with the examination procedure referred to in Article 21t will have an impact on this and any future representation of the analysed soil data.
Amendment 369 #
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 that least five soil descriptors and soil health criteria listed in Annex I that best illustrate soil characteristics in each soil type on a national level.
Amendment 374 #
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 with the national specifications referred to in the second and third columns in part A of Annex Ion soil health.
Amendment 377 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 379 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 383 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 385 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 424 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 459 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Soil is considered healthy in accordance with this Directive where the values for all soil descriptors listed in part A and B of Annex I, meet the criteria set in accordance of the Soil Health Index referred to Article 9, paragraph 2, subparagraph 3. Artificial land shall be excluded from applying the conditions for healthy soil.
Amendment 460 #
Proposal for a directive
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2 b. The European Commission shall define the Soil Health Index through a delegated act during the monitoring period of this Directive. The Soil Health Index shall serve as a comprehensive metric for assessing the overall health and quality of soil, taking into consideration multiple indicators and reflect the overall health and quality of the soil, considering its physical, chemical, and biological properties. Member States shall integrate the Soil Health Index into their national monitoring and reporting systems as required by this Directive.
Amendment 465 #
4. Based on the assessment of soil health carried out in accordance with this Article, the competent authority shall, where relevant in coordination with local, regional, national authorities, identify, in each soil district, the areas which present unareas in different degrees of soil healthy soilstatus, and inform the public in accordance with Article 19landowner and land manager within these areas.
Amendment 471 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 486 #
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Member States shall communicate soil health data and assessment referred to in Articles 6 to 9 to the relevant land owners and land managers upon their request, in particular to support the development of the advice referred to in Article 10(3)within 3 weeks of soil samples being taken.
Amendment 490 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – introductory part
Article 10 – paragraph 1 – subparagraph 1 – introductory part
From (OP: please insert the date = 4 years after date of entry into force of the Directive), Member States shall take at least the following measures, taking into accountpromote the adoption of sustainable soil management practices that respect the principles listed in Annex III , taking into account the active productive agricultural, forestry, or industrial model, crop rotation, the type, use and condition of soil:.
Amendment 495 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point a
Article 10 – paragraph 1 – subparagraph 1 – point a
Amendment 504 #
Amendment 510 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 a (new)
Article 10 – paragraph 1 – subparagraph 1 a (new)
Member States identify soil management practices and other practices affecting negatively the soil health to be avoided by soil managers.
Amendment 528 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 603 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 620 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By … (OP : please insert date = 4 years after entry into force of the Directive), Member States shall, in accordance with paragraph 2, draw up a register of contaminated sites and potentially contaminated sites.
Amendment 700 #
Proposal for a directive
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. By (OP :please insert the date = 615 years after the date of entry into force of the Directive), the Commission shall carry out an evaluation of this Directive to assess the progress towards its objectives and the need to amend its provisions in order to set more specific requirements to ensure that unhealthy soils are regenerated and that all soils will be healthyin a good ecological stat by 2050. This evaluation shall take into account, inter alia, the following elements:
Amendment 706 #
Proposal for a directive
Article 24 – paragraph 1 – point d
Article 24 – paragraph 1 – point d
(d) an analysis of the gap towards achieving healthy soilssoils in a good ecological state by 2050;
Amendment 713 #
Proposal for a directive
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
Amendment 758 #
Proposal for a directive
Annex I – Part B
Annex I – Part B
Amendment 765 #
Proposal for a directive
Annex I – Part C -Row 2
Annex I – Part C -Row 2
Part C: soil descriptors without criteria Aspect of soil degradation Soil descriptor Excess nutrient content in soiland deficient nutrient Nitrogen in soil (mg g-1) content in soil Extractable phosphorus (mg per kg)