79 Amendments of Maria NOICHL related to 2023/0232(COD)
Amendment 53 #
Proposal for a directive
Recital 1
Recital 1
(1) Soil is a vital, limited, non- renewable and irreplaceable resource that is crucial for food security, the economy, the environment and the society.
Amendment 53 #
Proposal for a directive
Recital 1
Recital 1
(1) Soil is a vital, limited, non- renewable and irreplaceable resource that is crucial for food security, the economy, the environment and the society.
Amendment 55 #
Proposal for a directive
Recital 2
Recital 2
(2) Healthy soils are in good chemical, biological and physical condition so that they can provide ecosystem services that are vital to humans and the environment, such as safe, nutritious and sufficient food, biomass, clean water, nutrients cycling, carbon storage and a habitat for biodiversity. However, 60 to 70 % of the soils in the Union are deteriorated and continue to deteriorate which is posing an existential threat to humans and environment alike.
Amendment 55 #
Proposal for a directive
Recital 2
Recital 2
(2) Healthy soils are in good chemical, biological and physical condition so that they can provide ecosystem services that are vital to humans and the environment, such as safe, nutritious and sufficient food, biomass, clean water, nutrients cycling, carbon storage and a habitat for biodiversity. However, 60 to 70 % of the soils in the Union are deteriorated and continue to deteriorate which is posing an existential threat to humans and environment alike.
Amendment 61 #
Proposal for a directive
Recital 3
Recital 3
(3) Soil degradation is costing the Union several tens of billion euro every year. Soil health is impacting the provision of ecosystem services that have an important economic return. Sustainable management and regeneration of soils therefore makes sound economic sense and can significantly increase the price and value of the land in the Union. The price and value increase of land must be accompanied by strong social safeguard measures to protect the European small- scale and family farm businesses.
Amendment 61 #
Proposal for a directive
Recital 3
Recital 3
(3) Soil degradation is costing the Union several tens of billion euro every year. Soil health is impacting the provision of ecosystem services that have an important economic return. Sustainable management and regeneration of soils therefore makes sound economic sense and can significantly increase the price and value of the land in the Union. The price and value increase of land must be accompanied by strong social safeguard measures to protect the European small- scale and family farm businesses.
Amendment 69 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The sustainable soil management practices are requiring common rules to be set which need to be compatible with the characteristics of the different soils within the Union, while limiting Member States' room for manoeuvre as much as possible. This should ensure the consistency of soil health data and also reduce distortions of competition in soil use, whether agricultural soil, natural soil or soil for urban transformation, and should prevent environmental dumping for the benefit of Member States with less stringent regulations.
Amendment 69 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The sustainable soil management practices are requiring common rules to be set which need to be compatible with the characteristics of the different soils within the Union, while limiting Member States' room for manoeuvre as much as possible. This should ensure the consistency of soil health data and also reduce distortions of competition in soil use, whether agricultural soil, natural soil or soil for urban transformation, and should prevent environmental dumping for the benefit of Member States with less stringent regulations.
Amendment 70 #
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) The importance of ensuring the health of people and ecosystems needs to be stressed, and that food is produced safely, reliably and sustainably on European farmland, in light of international crises affecting the global food market and of the effects of climate change, which are jeopardising the biodiversity and the food security alike. Preserving soil health is the most valuable investment to be made at Union level in ensuring the adaptation to climate change and food security for current and future generations.
Amendment 70 #
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) The importance of ensuring the health of people and ecosystems needs to be stressed, and that food is produced safely, reliably and sustainably on European farmland, in light of international crises affecting the global food market and of the effects of climate change, which are jeopardising the biodiversity and the food security alike. Preserving soil health is the most valuable investment to be made at Union level in ensuring the adaptation to climate change and food security for current and future generations.
Amendment 77 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Three indicators of good soil health are left to the discretion of Member States, to be adapted to local characteristics: an excess of nutrients in the soil with phosphorous, soil contamination with the concentration of heavy metals and of a selection of organic contaminants and a reduction in the soil's capacity to retain water. This risks distorting competition which is an issue that could arise when determining the value of, in particular, agricultural land, with the Member States each using different criteria to assess soil health. There is also a risk of distorting competition with regard to sustainable soil management practices, due to the flexibility left to the Member States on how to define and remunerate such practices.
Amendment 77 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Three indicators of good soil health are left to the discretion of Member States, to be adapted to local characteristics: an excess of nutrients in the soil with phosphorous, soil contamination with the concentration of heavy metals and of a selection of organic contaminants and a reduction in the soil's capacity to retain water. This risks distorting competition which is an issue that could arise when determining the value of, in particular, agricultural land, with the Member States each using different criteria to assess soil health. There is also a risk of distorting competition with regard to sustainable soil management practices, due to the flexibility left to the Member States on how to define and remunerate such practices.
Amendment 78 #
Proposal for a directive
Recital 13
Recital 13
(13) In its conclusions of 23 October 202043 , the Council supported the Commission in stepping up efforts to better protect soils and soil biodiversity, as a non- renewable resource of vital importance. and geostrategial importance in a global context where markets are increasingly exposed to international crises and to the consequences of climate change. __________________ 43 Council Conclusions on Biodiversity - the need for urgent action, 12210/20.
Amendment 78 #
Proposal for a directive
Recital 13
Recital 13
(13) In its conclusions of 23 October 202043 , the Council supported the Commission in stepping up efforts to better protect soils and soil biodiversity, as a non- renewable resource of vital importance. and geostrategial importance in a global context where markets are increasingly exposed to international crises and to the consequences of climate change. __________________ 43 Council Conclusions on Biodiversity - the need for urgent action, 12210/20.
Amendment 81 #
Proposal for a directive
Recital 15
Recital 15
(15) The Commission’s Communication on adaptation to climate change46 underlined that using nature-based solutions inland, including the restoration of the sponge-like function of soils, will boost the supply of clean and fresh water, reduce the impacts of flooding and alleviate the impacts of droughts. It is important to maximise the capacity of soils to retain and purify water and reduce pollution. The restoration of wetlands and peatlands plays an important role in this regard. __________________ 46 Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change COM (2021)82 final.
Amendment 81 #
Proposal for a directive
Recital 15
Recital 15
(15) The Commission’s Communication on adaptation to climate change46 underlined that using nature-based solutions inland, including the restoration of the sponge-like function of soils, will boost the supply of clean and fresh water, reduce the impacts of flooding and alleviate the impacts of droughts. It is important to maximise the capacity of soils to retain and purify water and reduce pollution. The restoration of wetlands and peatlands plays an important role in this regard. __________________ 46 Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change COM (2021)82 final.
Amendment 83 #
Proposal for a directive
Recital 17
Recital 17
(17) The Commission’s Communication on safeguarding food security and reinforcing the resilience of food systems47 stressed that food sustainability is fundamental for food security and food sovereignty. Healthy soils make the Union food system more resilient by providing the basis for nutritious and sufficient food. __________________ 47 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 final.
Amendment 83 #
Proposal for a directive
Recital 17
Recital 17
(17) The Commission’s Communication on safeguarding food security and reinforcing the resilience of food systems47 stressed that food sustainability is fundamental for food security and food sovereignty. Healthy soils make the Union food system more resilient by providing the basis for nutritious and sufficient food. __________________ 47 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 final.
Amendment 98 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Research has discovered the presence of microplastics in agricultural land, where the majority of food and feed is grown. They have a negative impact on soil biodiversity and can reduce soil productivity, therefore posing a threat to farmers. Consequently, mircoplastic presence should be monitored at Union level in order to have reliable data and to take appropriate actions.
Amendment 98 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Research has discovered the presence of microplastics in agricultural land, where the majority of food and feed is grown. They have a negative impact on soil biodiversity and can reduce soil productivity, therefore posing a threat to farmers. Consequently, mircoplastic presence should be monitored at Union level in order to have reliable data and to take appropriate actions.
Amendment 105 #
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to achieve 100% healthy soils by 2050. As an intermediate step, in light of the limited knowledge about the condition of soils and about the effectiveness and costs of the measures to regenerate their health, the directive takes a staged approach. In the first stage the focus will be on setting up the soil monitoring framework and assessing the situation of soils throughout the EU. It also includes requirements to lay down measures to manage soils sustainably and regenerate unhealthy soils once their condition is established, but without imposing an obligation to achieve healthy soils by 2050 nei. There should also be a Commission assessment if the Member States are on their way to reach ther intermediate targets for 2035, 2040 and 2045. This proportionate approach will allow sustainable soil management and regeneration of unhealthy soils to be well prepared, incentivised and set in motion. In a second stage, as soon as the results of the first assessment of soils and trends analysis are available, tThe Commission will take stock of the progress towards the 2050 objective and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards 2050.
Amendment 105 #
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to achieve 100% healthy soils by 2050. As an intermediate step, in light of the limited knowledge about the condition of soils and about the effectiveness and costs of the measures to regenerate their health, the directive takes a staged approach. In the first stage the focus will be on setting up the soil monitoring framework and assessing the situation of soils throughout the EU. It also includes requirements to lay down measures to manage soils sustainably and regenerate unhealthy soils once their condition is established, but without imposing an obligation to achieve healthy soils by 2050 nei. There should also be a Commission assessment if the Member States are on their way to reach ther intermediate targets for 2035, 2040 and 2045. This proportionate approach will allow sustainable soil management and regeneration of unhealthy soils to be well prepared, incentivised and set in motion. In a second stage, as soon as the results of the first assessment of soils and trends analysis are available, tThe Commission will take stock of the progress towards the 2050 objective and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards 2050.
Amendment 117 #
Proposal for a directive
Recital 27
Recital 27
(27) In order to describe soil degradation it is necessary to establish soil descriptors that can be measured or estimated. Even if there is significant variability between soil types, climatic conditions and land uses, the current scientific knowledge allows to set criteria at Union level for some of those soil descriptors. However, Member States should be able to adapt the criteria for some of these soil descriptors based on specific national or local conditions and define the criteria for other soil descriptors for which common criteria at EU level cannot be established at this stage. For those descriptors for which clear criteria that would distinguish between healthy and unhealthy condition cannot be identified now, only monitoring and assessment are required. This will facilitate the development of such criteria in future.
Amendment 117 #
Proposal for a directive
Recital 27
Recital 27
(27) In order to describe soil degradation it is necessary to establish soil descriptors that can be measured or estimated. Even if there is significant variability between soil types, climatic conditions and land uses, the current scientific knowledge allows to set criteria at Union level for some of those soil descriptors. However, Member States should be able to adapt the criteria for some of these soil descriptors based on specific national or local conditions and define the criteria for other soil descriptors for which common criteria at EU level cannot be established at this stage. For those descriptors for which clear criteria that would distinguish between healthy and unhealthy condition cannot be identified now, only monitoring and assessment are required. This will facilitate the development of such criteria in future.
Amendment 121 #
Proposal for a directive
Recital 28
Recital 28
Amendment 121 #
Proposal for a directive
Recital 28
Recital 28
Amendment 129 #
Proposal for a directive
Recital 30
Recital 30
(30) Soil is a limited resource subject to an ever-growing competition for different uses. Land take is a process often driven by economic development needs, that transforms natural and semi-natural areas (including agricultural and forestry land, gardens and parks) into artificial land development, using soil as a platform for constructions and infrastructure, as a direct source of raw material or as archive for historic patrimony. This transformation may cause the loss, often irreversibly, of the capacity of soils to provide other ecosystem services (provision of food and biomass, water and nutrients cycling, basis for biodiversity and carbon storage). In particular, land take often affects the most fertile agricultural soils, putting food security in jeopardy. Sealed soil also exposes human settlements to higher flood peaks and more intense heat island effects. Therefore, it is necessary to monitor land take and soil sealing and their effects on soil’s capacity to provide ecosystem services. It is also appropriate to lay down certain principles to mitigate the impacts of land take as part of sustainable soil management. Finally, the goal of Zero- Net-Land-Take by 2050 needs to be reached.
Amendment 129 #
Proposal for a directive
Recital 30
Recital 30
(30) Soil is a limited resource subject to an ever-growing competition for different uses. Land take is a process often driven by economic development needs, that transforms natural and semi-natural areas (including agricultural and forestry land, gardens and parks) into artificial land development, using soil as a platform for constructions and infrastructure, as a direct source of raw material or as archive for historic patrimony. This transformation may cause the loss, often irreversibly, of the capacity of soils to provide other ecosystem services (provision of food and biomass, water and nutrients cycling, basis for biodiversity and carbon storage). In particular, land take often affects the most fertile agricultural soils, putting food security in jeopardy. Sealed soil also exposes human settlements to higher flood peaks and more intense heat island effects. Therefore, it is necessary to monitor land take and soil sealing and their effects on soil’s capacity to provide ecosystem services. It is also appropriate to lay down certain principles to mitigate the impacts of land take as part of sustainable soil management. Finally, the goal of Zero- Net-Land-Take by 2050 needs to be reached.
Amendment 133 #
Proposal for a directive
Recital 32
Recital 32
(32) The Commission should assist and support Member States’ monitoring of soil health by continuing to carry out and enhancing regular in-situ soil sampling and related soil measurements (LUCAS soil) as part of the Land Use/Cover Area frame statistical Survey (LUCAS) Programme. For that purpose, the LUCAS Programme shall be enhanced and upgraded to fully align it with the specific quality requirements to be met for the purpose of this Directive. In order to alleviate the burden, Member States should be allowed to take into account the soil health data surveyed under the enhanced LUCAS soil. The Member States thus supported shouldall take the necessary legal arrangements to ensure that the Commission can carry out such in-situ soil sampling, including on privately owned fields, and in compliance with applicable national or Union legislation.
Amendment 133 #
Proposal for a directive
Recital 32
Recital 32
(32) The Commission should assist and support Member States’ monitoring of soil health by continuing to carry out and enhancing regular in-situ soil sampling and related soil measurements (LUCAS soil) as part of the Land Use/Cover Area frame statistical Survey (LUCAS) Programme. For that purpose, the LUCAS Programme shall be enhanced and upgraded to fully align it with the specific quality requirements to be met for the purpose of this Directive. In order to alleviate the burden, Member States should be allowed to take into account the soil health data surveyed under the enhanced LUCAS soil. The Member States thus supported shouldall take the necessary legal arrangements to ensure that the Commission can carry out such in-situ soil sampling, including on privately owned fields, and in compliance with applicable national or Union legislation.
Amendment 155 #
Proposal for a directive
Recital 43
Recital 43
(43) Contaminated sites are the legacy of decades of industrial and agricultural activity in the EU and may lead to risks for human health and the environment now and in the future. It is therefore necessary first to identify and investigate potentially contaminated sites and then, in case of confirmed contamination, to assess the risks and take measures to address unacceptable risks. It is therefore important to clarify the responsibilities of the various stakeholders and how the costs will be covered. This should be done in accordance with the polluter pays principle, in order not to impose on the public authority or the new owner the consequences of past actions. Soil investigation may prove that a potentially contaminated site is in fact not contaminated. In that case, the site should no longer be labelled by the Member State as potentially contaminated, unless contamination is suspected based on new evidence.
Amendment 155 #
Proposal for a directive
Recital 43
Recital 43
(43) Contaminated sites are the legacy of decades of industrial and agricultural activity in the EU and may lead to risks for human health and the environment now and in the future. It is therefore necessary first to identify and investigate potentially contaminated sites and then, in case of confirmed contamination, to assess the risks and take measures to address unacceptable risks. It is therefore important to clarify the responsibilities of the various stakeholders and how the costs will be covered. This should be done in accordance with the polluter pays principle, in order not to impose on the public authority or the new owner the consequences of past actions. Soil investigation may prove that a potentially contaminated site is in fact not contaminated. In that case, the site should no longer be labelled by the Member State as potentially contaminated, unless contamination is suspected based on new evidence.
Amendment 157 #
Proposal for a directive
Recital 44
Recital 44
(44) To identify potentially contaminated sites, Member States shouldall collect evidence among others through historical research, past industrial incidents and accidents, environmental permits and notifications by the public or authorities.
Amendment 157 #
Proposal for a directive
Recital 44
Recital 44
(44) To identify potentially contaminated sites, Member States shouldall collect evidence among others through historical research, past industrial incidents and accidents, environmental permits and notifications by the public or authorities.
Amendment 158 #
Proposal for a directive
Recital 45
Recital 45
(45) In order to ensure that soil investigations on potentially contaminated sites are carried out timely and effectively, Member States shouldare, in addition to the obligation to lay down the deadline by which those investigations should be carried out, be required to lay down specific events that also trigger such investigation. Such triggering events may include the request or review of an environmental or building permit or an authorisation required pursuant to Union legislation or national legislation, soil excavation activities, land use changes or land or real estate transactions. Soil investigations may follow different stages, such as a desk study, site visit, preliminary or exploratory investigation, more detailed or descriptive investigation, and field or laboratory testing. Baseline reports and monitoring measures implemented in accordance with Directive 2010/75/EU of the European Parliament and of the Council66 could also qualify as soil investigation where appropriate. __________________ 66 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (OJ L 334, 17.12.2010, p. 17.
Amendment 158 #
Proposal for a directive
Recital 45
Recital 45
(45) In order to ensure that soil investigations on potentially contaminated sites are carried out timely and effectively, Member States shouldare, in addition to the obligation to lay down the deadline by which those investigations should be carried out, be required to lay down specific events that also trigger such investigation. Such triggering events may include the request or review of an environmental or building permit or an authorisation required pursuant to Union legislation or national legislation, soil excavation activities, land use changes or land or real estate transactions. Soil investigations may follow different stages, such as a desk study, site visit, preliminary or exploratory investigation, more detailed or descriptive investigation, and field or laboratory testing. Baseline reports and monitoring measures implemented in accordance with Directive 2010/75/EU of the European Parliament and of the Council66 could also qualify as soil investigation where appropriate. __________________ 66 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (OJ L 334, 17.12.2010, p. 17.
Amendment 164 #
Proposal for a directive
Recital 49
Recital 49
(49) Article 19(1) of the Treaty on European Union (TEU) requires Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by Union law. In addition, in accordance with the Convention on access to information, public participation in decision-making and access to justice in environmental matters68 (Aarhus Convention), members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well- being. __________________ 68 Convention on access to information, public participation in decision-making and access to justice in environmental matters – Declaration, (OJ L 124, 17.5.2005).
Amendment 164 #
Proposal for a directive
Recital 49
Recital 49
(49) Article 19(1) of the Treaty on European Union (TEU) requires Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by Union law. In addition, in accordance with the Convention on access to information, public participation in decision-making and access to justice in environmental matters68 (Aarhus Convention), members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well- being. __________________ 68 Convention on access to information, public participation in decision-making and access to justice in environmental matters – Declaration, (OJ L 124, 17.5.2005).
Amendment 203 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘ecosystem services’ means indirect contributions of ecosystems to the economic,wellbeing of society as a whole and to the social, cultural, economic and other benefits that people derive from those ecosystems;
Amendment 203 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘ecosystem services’ means indirect contributions of ecosystems to the economic,wellbeing of society as a whole and to the social, cultural, economic and other benefits that people derive from those ecosystems;
Amendment 243 #
Proposal for a directive
Article 3 – paragraph 1 – point 20
Article 3 – paragraph 1 – point 20
(20) ‘soil contamination’ means the presence of a chemical or substance or a material in the soil in a concentration that may be harmful to human health or the environment;
Amendment 243 #
Proposal for a directive
Article 3 – paragraph 1 – point 20
Article 3 – paragraph 1 – point 20
(20) ‘soil contamination’ means the presence of a chemical or substance or a material in the soil in a concentration that may be harmful to human health or the environment;
Amendment 248 #
Proposal for a directive
Article 3 – paragraph 1 – point 24
Article 3 – paragraph 1 – point 24
(24) ‘soil investigation’ means a process to assess the presence and concentration of contaminants in the soil which is usually performed in different stages such as a desk study, a site visit, a preliminary or exploratory investigation, a more detailed or descriptive investigation, and a field or laboratory testing;
Amendment 248 #
Proposal for a directive
Article 3 – paragraph 1 – point 24
Article 3 – paragraph 1 – point 24
(24) ‘soil investigation’ means a process to assess the presence and concentration of contaminants in the soil which is usually performed in different stages such as a desk study, a site visit, a preliminary or exploratory investigation, a more detailed or descriptive investigation, and a field or laboratory testing;
Amendment 275 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall by ... [OP: please insert the date = 12 months from the date of entry into force of this Directive] designate the competent authorities responsible at an appropriate level for carrying out the duties laid down in this Directive.
Amendment 275 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall by ... [OP: please insert the date = 12 months from the date of entry into force of this Directive] designate the competent authorities responsible at an appropriate level for carrying out the duties laid down in this Directive.
Amendment 282 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Member States shall communicate to the Commission the list of competent authorities referred to in paragraphs 1 and 2 of this Article in accordance with point (b) of Article 18(3). The Commission shall make the list of the competent authorities available for the public on its website without undue delay. The Commission shall regularly update the list, based on updates received from Member States.
Amendment 282 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Member States shall communicate to the Commission the list of competent authorities referred to in paragraphs 1 and 2 of this Article in accordance with point (b) of Article 18(3). The Commission shall make the list of the competent authorities available for the public on its website without undue delay. The Commission shall regularly update the list, based on updates received from Member States.
Amendment 285 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Soil district authorities are required to establish these soil district plans including a set of sustainable soil management practices from the list established by Member States, based on the peculiarities of their territories and the soil challenges specific to the soil districts, and to be implemented within 3 years from entering into force of the Directive, with regular updates every 5 years thereafter. Soil district plans shall also include measures and targets at soil district level to achieve measurable improvement of soil health conditions in order to achieve the binding targets.
Amendment 285 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Soil district authorities are required to establish these soil district plans including a set of sustainable soil management practices from the list established by Member States, based on the peculiarities of their territories and the soil challenges specific to the soil districts, and to be implemented within 3 years from entering into force of the Directive, with regular updates every 5 years thereafter. Soil district plans shall also include measures and targets at soil district level to achieve measurable improvement of soil health conditions in order to achieve the binding targets.
Amendment 313 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The Commission shall establish a list of key contaminants with thresholds at EU-level, including those substances identified as ecotoxic, persistent, bioaccumulative, mobile and toxic by any Union law. This list is to be included in part A of Annex I at the latest during the first evaluation of this Directive.
Amendment 316 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States may set additional soil descriptors and land take indicators, including but not limited to the optional descriptors and indicators listed in part C and D of Annex I, for monitoring purposes (‘additional soil descriptors’ and ‘additional land take indicators’), as well as for land concentration 1a. __________________ 1a 1. Measured by land owned by the same parent structure as per recital (82) and Articles 59(4) and 98(1) of regulation (EU) 2021/2116 on the financing, management and monitoring of the CAP, and point 11 of Article 2 of Directive 2013/34/EU.
Amendment 320 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States may set additional soil descriptors and land take indicators, including but not limited to the optional descriptors and indicators listed in part C and D of Annex I, for monitoring purposes (‘additional soil descriptors’ and ‘additional land take indicators’).
Amendment 343 #
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, B and BC of Annex I.
Amendment 373 #
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 2 a (new)
Article 9 – paragraph 3 – subparagraph 2 a (new)
If the assessment under Article 9(3) indicates an unhealthy condition of the soil, the obligation for Member States to take measures should be triggered. In such cases, the competent authority shall take the necessary measures to bring the soil in a healthy status taking into account the natural condition and the economic and technical feasibility of the measures.
Amendment 382 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Amendment 388 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
The Commission may adopt implementing acts to harmonise the format of soil health certification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21set up a mechanism for a voluntary soil health certification for land owners and managers pursuant to the conditions in paragraph 2 of this Article. The potential problem of an increase of agricultural land prices and speculations with agricultural land has to be addressed and appropriate social safeguards have to be put in place.
Amendment 392 #
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 relevantpublic, including relevant stakeholders such as land owners and land managers upon their request, in particular to support the development of the advice referred to in Article 10(3). Soil health data shall be made accessible and be communicated automatically and in a user-friendly format to the respective land owners and land managers.
Amendment 443 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. The Commission shall provide knowledge and assistance to Member States and soil districts competent authorities regarding the implementation of sustainable soil management practices as part of the soil district plans by establishing a database of best practices. This database can be expanded with measures and actions implemented by the different soil districts if these measures were not originally present in the first version provided by the Commission or if the soil district competent authorities or Member States are able to provide scientific evidence of positive impact of the adopted measure. To reduce the burden on Member States, this database of best practices shall contain information on the relevance and impact of each practice based on soil type, land use and climatic conditions.
Amendment 448 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2 – point c a (new)
Article 10 – paragraph 2 – subparagraph 2 – point c a (new)
(ca) strengthening the knowledge exchange and the roll-out of independent farm advisory services in line with Article 15 of Regulation (EU) 2021/2115.
Amendment 451 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall regularly assess the effectiveness of the measures taken in accordance with this Article at least every 5 years and, where relevant, review and revise those measures, taking into account the soil health monitoring and assessment referred to in Articles 6 to 9, in order to ensure that the binding soil health targets included in Article 1 are achieved.
Amendment 463 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
The target of "no net land take by 2050", set in 2013 as part of the 7th EU Environment Action Programme, must be achieved. Member States shall ensure that the following principles are respected in case of land taktherefore:
Amendment 478 #
Proposal for a directive
Article 11 – paragraph 1 – point a – point ii
Article 11 – paragraph 1 – point a – point ii
(ii) selecting areas where the loss of ecosystem services would be minimized, such as soil fertility, soil biodiversity or water purification, would be minimized as much as possible and
Amendment 484 #
Proposal for a directive
Article 11 – paragraph 1 – point a – point iii
Article 11 – paragraph 1 – point a – point iii
(iii) performing the land take in a way that minimizes the negative impact on soil by preventing land take and soil sealing of soil in very good health, high-quality farmland soils and of intact soil ecosystems;
Amendment 496 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) compensate as much as possible the loss of soil capacity to provide multiple ecosystem services, for example by de- sealing and restoring land that provides equal or enhanced ecosystem services compared to the soil that was subject to land take.
Amendment 527 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 – point g a (new)
Article 13 – paragraph 2 – subparagraph 1 – point g a (new)
(ga) the local geochemical background.
Amendment 577 #
Proposal for a directive
Article 18 – paragraph 3 – point c a (new)
Article 18 – paragraph 3 – point c a (new)
(ca) soil health plans as in Article 6(1a) by… (OP: please insert the date = 5 years and 6 months after date of entry into force of the Directive);
Amendment 578 #
Proposal for a directive
Article 18 – paragraph 3 – point c b (new)
Article 18 – paragraph 3 – point c b (new)
(cb) updated soil health plans (following any update pursuant to Article 6(1a) within 6 months of the plan being updated.
Amendment 589 #
Proposal for a directive
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. Member States shall ensure that the process of elaboration, review and revision of the soil health plans, the sustainable soil management practices, and the processes related to contaminated sites are open, inclusive and effective and that the public concerned is involved and given early and effective opportunities to participate in their elaboration, when all options are still open;
Amendment 621 #
Proposal for a directive
Article 24 – paragraph 1 – point c a (new)
Article 24 – paragraph 1 – point c a (new)
(ca) an analysis of the gap towards achieving the intermediate soil health targets and, where applicable, the reasons for any non-achievement;
Amendment 622 #
Proposal for a directive
Article 24 – paragraph 1 – point d
Article 24 – paragraph 1 – point d
(d) an analysis of the gap towards achieving 100% healthy soils by 2050;
Amendment 624 #
Proposal for a directive
Article 24 – paragraph 1 – point d a (new)
Article 24 – paragraph 1 – point d a (new)
(da) an identification of any further measures necessary to achieve the Directive’s overarching objective and intermediate targets;
Amendment 625 #
Proposal for a directive
Article 24 – paragraph 1 – point d b (new)
Article 24 – paragraph 1 – point d b (new)
(db) an assessment of the soil health criteria set by Member States for the descriptors outlined in Annex I.
Amendment 626 #
Proposal for a directive
Article 24 – paragraph 1 – point e – point ii
Article 24 – paragraph 1 – point e – point ii
(ii) the establishment and further elaboration of criteria for soil descriptors listed in part C of annex I;
Amendment 629 #
Proposal for a directive
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. From ... [OP :please insert the date = eight years after the date of entry into force of the Directive],the Commission shall, report to the European Parliament and to the Council every three years on the implementation of this Directive, including the measures necessary to comply with this Directive taken by Member States. The report shall include an overall assessment of the progress made towards achieving 100% healthy soils by 2050.
Amendment 635 #
Proposal for a directive
Annex I – Part A
Annex I – Part A
Aspect of soil Soil descriptor Criteria for healthy soil Land areas that shall be degradation condition excluded from achieving the the related criterion Part A: soil descriptors with criteria for healthy soil condition established at Union level Salinization Electrical < 4 dS m−1 when using Naturally saline land areas; Conductivity saturated soil paste extract Land areas directly affected by (deci-Siemens (eEC) measurement method, extract (eEC) by sea level rise per meter) or measurement method, or equivalent criterion if using another measurement measurement method Soil erosion Soil erosion ≤ 2 t ha-1 y-1 Badlands and other unmanaged rate (tonnes per unmanaged natural land hectare per areas, except if they per hectareyear) they represent a significant per year) disaster risk Loss of soil Soil Organic - For organic soils: respect No exclusion organic carbon Carbon (SOC) respect targets set for such soils carbon (SOC) concentration such soils at national level in concentration(g per kg) level in accordance with Article (g per kg) with Article 4.1, 4.2, 9.4 of 9.4 of Regulation (EU) …/…+ (EU) …/…+ - For mineral soils: Non-managed soils in natural SOC/Clay ratio > 1/13; natural land areas 1/13; Member States may apply a apply a corrective factor where where specific soil types or climatic conditions justify it, taking into account the actual SOC content in permanent grasslands. Subsoil Bulk density Soil texture2 range Non-managed soils in natural compaction in subsoil sand, loamy <1.80 land areas (upper part of sand, sandy B or E loam, loam horizon1); Member Sandy clay <1.75 States may loam, loam, clay replace this loam, silt, silt descriptor loam with an silt loam, silty <1.65 equivalent clay loam parameter (g per cm3) Sandy clay, silty <1.58 clay, clay loam with 35-45% clay Clay <1.47 In case a Member State replaces the soil descriptor “bulk density in subsoil” with an equivalent parameter, it shall adopt a criterion for healthy soil condition for the chosen soil descriptor that is equivalent to the criterion set for “bulk density in subsoil”.or climatic conditions justify it, taking into account the actual SOC content in permanent grasslands. Subsoil Bulk density in Soil texture2 range Non-managed soils in compaction subsoil (upper sand, loamy <1.80 natural land areas part of B or E sand, sandy horizon1); loam, loam Member States may replace Sandy clay <1.75 this descriptor loam, loam, clay with an loam, silt, silt equivalent loam parameter (g silt loam, silty <1.65 per cm3) clay loam Sandy clay, silty <1.58 clay, clay loam with 35-45% clay Clay <1.47 In case a Member State replaces the soil descriptor “bulk density in subsoil” with an equivalent parameter, it shall adopt a criterion for healthy soil condition for the chosen soil descriptor that is equivalent to the criterion set for “bulk density in subsoil”. Contamination Presence of < 0,1 % of microplastics Non managed soils in from microplastics microplastics in in soil by mass agricultural areas agricultural land __________________ + OP : please insert in the text the number of Regulation on nature restoration contained in document COM(2022) 304 1 As defined in the FAO Guidelines for Soil Description, Chapter 5 (https://www.fao.org/3/a0541e/a0541e.pdf ) 2 As defined in Arshad, M.A., B. Lowery, and B. Grossman. 1996. Physical tests for monitoring soil quality. p.123- 142. In: J.W. Doran and A.J. Jones (eds.) Methods for assessing soil quality. Soil Sci. Soc. Am. Spec. Publ. 49. SSSA, Madison, WI.
Amendment 643 #
Proposal for a directive
Annex I – Part B
Annex I – Part B
Part B: soil descriptors with criteria for healthy soil condition established at Member States level Excess nutrient Extractable < “maximum value”; No exclusion content in soilnutrient phosphorus (mg The “maximum value” content in soil per kg) shall be laid down by the Member State within the range 30-50 mg kg-1 Soil - concentration Reasonable assurance, No exclusion contamination of heavy obtained from soil point n metals in soil: sampling, identification soil: As, Sb, Cd, and investigation of Cd, Co, Cr (total), contaminated sites and Cr (VI), Cu, (total), Cr any other relevant Hg, Pb, Ni, Tl, (VI), Cu, Hg, information, that no V, Zn (µg per Pb, Ni, Tl, V, unacceptable risk for kg) Zn (µg per human health and the kg) environment from soil contamination exists. - concentration Habitats with naturally of a selection high concentration of of organic heavy metals that are contaminants included in Annex I of established by Council Directive by Member States 92/43/EEC3 shall and taking intoStates and remain protected. taking into account existing concentration limits e.g. for water quality and air emissions inand air emissions in Union legislation Concentration of active substances of synthetic pesticides, including Union their metabolites and legislation Reduction of soil Soil water holding The estimated value for No exclusion capacity to retain capacity of the the total water holding water soil sample (% of capacity of a soil district volume of water / by river basin or volume of subbasin is above the saturated soil) minimal threshold. The minimal threshold shall be set (in tonnes) by the Member State at soil district and river basin or subbasin level at such a value that the impacts of floodings following intense rain events or of periods of low soil moisture due to drought events are mitigated. ______________________ 3 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7 derivates (all approved and previously approved pesticides in the Union) Reduction of Soil water The estimated value for No exclusion soil capacity holding capacity the total water holding to retain of the soil capacity of a soil district water sample (% of by river basin or volume of water subbasin is above the / volume of minimal threshold. saturated soil) The minimal threshold shall be set (in tonnes) by the Member State at soil district and river basin or subbasin level at such a value that the impacts of floodings following intense rain events or of periods of low soil moisture due to drought events are mitigated. Application Mineral Frequency of rate synthetic nitrogen (kg ha- surpassing threshold of fertilizer 1) 50mg Nitrate L-1 according to Directive 91/676/EEC3a ______________________ 3 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 3a Council Directive 91/976/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375? 31.12.1991, p.1-8).
Amendment 667 #
Proposal for a directive
Annex III – paragraph 1 – point c
Annex III – paragraph 1 – point c
(c) avoid inputs or release of substances into soil, such as synthetic pesticides, that may harm human health or the environment, or degrade soil health;
Amendment 672 #
Proposal for a directive
Annex III – paragraph 1 – point e
Annex III – paragraph 1 – point e
(e) when fertilization is applied, ensure adaptation to the needs of the plant and trees at the given location and in the given period, and to the condition of soil, reduce and preferably avoid the use of synthetic fertilizers and prioritize circular solutions that enrich the organic content;