45 Amendments of Maria ARENA related to 2023/0232(COD)
Amendment 135 #
Proposal for a directive
Recital 19
Recital 19
(19) Soils host more than 25% of all biodiversity and are the second largest carbon pool of the planet. Due to their ability to capture and store carbon, healthy soils contribute to the achievement of the Union’s objectives on climate change. Soil biodiversity encompasses microorganisms, including bacteria, fungi, protozoa and nematodes, as well as larger organisms such as earthworms, insects, and plant roots. These organisms collectively contribute to the ecological and functional diversity of soil ecosystems. They are vital in the soil’s capacity to regulate water, carbon and nutrient cycles and therefore to provide food and establish food security. Healthy soils also provide a favourable habitat for organisms to thrive and are crucial for enhancing biodiversity and the stability of ecosystems. Biodiversity below and above ground are intimately connected and interact through mutualistic relationships (e.g. mycorrhizal fungi that connect plant roots).
Amendment 138 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19 a) Soil organic matter is crucial for the provision of soil ecosystem services and functions, by reducing soil degradation, erosion and compaction, while increasing buffering, water holding and cation exchange capacity of the soil and soil organic carbon, which ultimately could increase crop yields. Additionally, soil organic matter positively affects soil biodiversity and could increase the carbon sequestered in soils, thereby contributing to climate change mitigation.
Amendment 151 #
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to achieve 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 obligationwith the aim to achieve healthy soils by 2050 neitherand establish intermediate targets. 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, the 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 206 #
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 230 #
Proposal for a directive
Article 1 – paragraph 2 – point a a (new)
Article 1 – paragraph 2 – point a a (new)
(a a) targets to achieve healthy soils by 2050 and intermediate targets by 2035, 2040 and 2045;
Amendment 236 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article1a Healthy Soils Targets 1. In order to reach the healthy soils objective set out in paragraph 1 of this Article, this Directive sets a binding target of 100% healthy soils across the Union by 2050. 2. This Directive also sets the following intermediate soil health targets: (a) a binding target of achieving 55 % healthy soils across the Union by 2035; (b) a binding target of achieving 70 % healthy soils across the Union by 2040; (c) a binding target of achieving 85 % healthy soils across the Union by 2045. 3. The Union and the Member States shall take the necessary measures at Union, national and regional level, respectively, to enable the collective achievement of the healthy soils objective set out in paragraph 1 and the healthy soils targets set out in paragraph 2.
Amendment 256 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4 a) 'soil functions’ means the roles performed by soil that support ecosystems, the biosphere, the water environment and human activities;
Amendment 334 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall establish a monitoring framework based on the soil districts established in accordance with Article 4(1), to ensure that regular and accurate monitoring of soil health is carried out in accordance with this Article and Annexes I and II, and is complementary to the assessment approach established by the Directive 2000/60/EC.
Amendment 339 #
Proposal for a directive
Article 6 – paragraph 3 – point a a (new)
Article 6 – paragraph 3 – point a a (new)
(a a) the list of key contaminants referred to in Article 7(2a),
Amendment 357 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall, subject to agreement fromin coordination with 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 soilDuring the first national monitoring round, Member States shall carry out at least half of their sampling effort.
Amendment 363 #
Proposal for a directive
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6 a. The soil monitoring framework referred to in paragraph and corresponding provisions referred to to paragraph 3 points (a) to (e) shall build on existing monitoring frameworks at Union and Member States level, including data from the LUCAS Soil Observatory.
Amendment 375 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
Amendment 388 #
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. The Commission is empowered to adopt delegated acts in accordance with Article 20 amending Annex I for the purpose of paragraph 2a.
Amendment 395 #
4 a. By [OP: please insert the date – 4 years and 5 months after date of entry into force of the Directive], after the first soil measurements are performed], Member States shall set soil health criteria for the soil descriptors on soil biodiversity in Annex I.
Amendment 468 #
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
Amendment 485 #
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 relevantmembers of the public 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).
Amendment 500 #
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 respecting the sustainable soil management principles listed in Annex III to be gradually implemented on all managed soils taking into considerations local conditions in the soil districts 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 soilsoils considered as unhealthy in the soil districts in the Member States;
Amendment 508 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 a (new)
Article 10 – paragraph 1 – subparagraph 1 a (new)
The timetable for the implementation of the practices defined under point (a), and for the cessation of the practices defined under point (b), shall be set out in the soil district plans in accordance with Annex VIII. National sustainable soil management practices established in accordance with the requirements of the present paragraph shall not regress in ambition.
Amendment 514 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 4
Article 10 – paragraph 1 – subparagraph 4
Member States shall ensure that the process of elaboration, review and revision of the practices referred to in the first and second subparagraph is open, inclusive and effective and that the public concerned, in particular landowners and managers, ares involved and areis given early and effective opportunities to participate in their elaboration, pursuant to the requirements set out in Article 19. Member States shall publish the draft list of the soil management practices and measures and make it available to the public by appropriate means.
Amendment 523 #
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 and, where relevant, review and revise those measures, taking into account the soil health monitoring and assessment referred to in Articles 6 to 9. The assessment shall be made publicily available.
Amendment 578 #
Proposal for a directive
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) to participate in the establishment and concrete application of the risk-based approach as defined in this Article, the identification of potentially contaminated sites in accordance with Article 13, the investigation of potentially contaminated sites in accordance with Article 14 and the assessment and management of contaminated sites in accordance with Article 15, pursuant to the requirements set out in Article 19;
Amendment 625 #
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Member States shall make public and accessible free of charge the register and information referred to in paragraphs 1 and 2. Disclosure of any information may be refused or restricted by the competent authority where the conditions laid down in Article 4 of Directive 2003/4/EC of the European Parliament and of the Council79 are fulfilled. Reasons for refusal or restriction shall be substantiated and communicated in writing or electronically. _________________ 79 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
Amendment 645 #
Proposal for a directive
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
(a) an up-to-date list and spatial data of their soil districts referred to in Article 4 by … (OP: please insert the date = 12 years and 3 months after date of entry into force of the Directive);
Amendment 646 #
Proposal for a directive
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
(b) an up-to-date list of the competent authorities referred to in Article 5 by … (OP: please insert the date = 12 years and 3 months after date of entry into force of the Directive);
Amendment 648 #
(c a) soil district plans as defined in Article 9(4a) by… [OP: please insert the date – 5 years and 6 months after date of entry into force of the Directive];
Amendment 649 #
Proposal for a directive
Article 18 – paragraph 3 – point c b (new)
Article 18 – paragraph 3 – point c b (new)
(c b) updated soil district plans (following any update pursuant to Article 9(4a)) within 6 months of the plan being updated.
Amendment 650 #
Proposal for a directive
Article 19 – title
Article 19 – title
Information to the public and public participation
Amendment 654 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Member States shall ensure that the information referred to in Article 18 of this Directive is available and accessible free of charge to the public in accordance with Directive 2003/4/EC, Directive 2007/2/EC and Directive (EU) 2019/1024 of the Parliament and of the Council83 . _________________ 83 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
Amendment 657 #
Proposal for a directive
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4 a. Member States shall ensure that the process of elaboration, review and revision of the soil district plans in Article 9, the sustainable soil management practices in Article 10, and the processes related to contaminated sites referred to in Articles 12 to 15 are open, inclusive and effective and that the public concerned is involved and given early and effective opportunities to participate in their elaboration.
Amendment 658 #
Proposal for a directive
Article 19 – paragraph 4 b (new)
Article 19 – paragraph 4 b (new)
4 b. For the purposed of paragraph 4a, Member States shall ensure that the public referred to in paragraph 5 is informed in a timely, adequate and effective manner, including by public notices and electronic media, of: (a) the draft proposal(s), where available; b) any relevant environmental information held by the competent authority;and (c) practical arrangements for participation, including: i. the administrative entity from which the relevant information may be obtained, ii. the administrative entity to which comments, opinions or questions may be submitted, and iii. reasonable timeframes allowing sufficient time for the public to be informed and to prepare and participate effectively in the decision-making process.
Amendment 659 #
Proposal for a directive
Article 19 – paragraph 4 c (new)
Article 19 – paragraph 4 c (new)
4 c. A limit of at least eight weeks shall be set for receiving comments. Where meetings or hearings are organized, prior notice of at least four weeks shall be given.
Amendment 660 #
Proposal for a directive
Article 19 – paragraph 4 d (new)
Article 19 – paragraph 4 d (new)
Amendment 690 #
Proposal for a directive
Article 23 – paragraph 3 – point c a (new)
Article 23 – paragraph 3 – point c a (new)
(c a) any other aggravating or mitigating factors applicable to the circumstances of the violation.
Amendment 708 #
Proposal for a directive
Article 24 – paragraph 1 – point d a (new)
Article 24 – paragraph 1 – point d a (new)
(d a) an analysis of the gap towards achieving the soil health targets and, where applicable, the reasons for any non-achievement;
Amendment 709 #
Proposal for a directive
Article 24 – paragraph 1 – point d b (new)
Article 24 – paragraph 1 – point d b (new)
(d b) identification of any further measures necessary to achieve the Directive’s overarching objective and targets;
Amendment 710 #
Proposal for a directive
Article 24 – paragraph 1 – point d c (new)
Article 24 – paragraph 1 – point d c (new)
(d c) the results of the Commission’s review of the soil district plans under Article 9(4a) including suggestions for their improvement;
Amendment 711 #
Proposal for a directive
Article 24 – paragraph 1 – point d d (new)
Article 24 – paragraph 1 – point d d (new)
(d d) an assessment of the soil health criteria set by Member States for the descriptors outlined in Annex I.
Amendment 712 #
Proposal for a directive
Article 24 – paragraph 1 – point d e (new)
Article 24 – paragraph 1 – point d e (new)
(d e) an evaluation to determine whether descriptors, for which soil health criteria have been established, ought to be relocated from part C to part B of Annex I.
Amendment 749 #
Proposal for a directive
Annex VII a (new)
Annex VII a (new)
Annex VIII - Soil district plans Part A Soil district plans shall cover the following elements: 1. the results of the monitoring activities and of the assessment of the soil health in accordance with Article 9; 2.A list of objectives, in line with the overarching objective and the soil health targets of the Directive and the obligations to improve soil health under Article 9(4b); 3.A list of: (a) the sustainable soil management practices and the regeneration practices defined by the relevant Member State under Article 10(1)(a) and a timetable for their implementation; (b) the practices negatively affecting soil health defined by the relevant Member State under Article 10(1)(b) to be avoided within the soil district and a timetable for their cessation; (c) any additional practices or measures and a timetable for their implementation; 4.A summary of the process for establishing the soil district plan, the public information and consultation measures taken, including an explanation of how the outcome of the public participation was taken into account; 5.A list of competent authorities that Member States have to designate in accordance with Article 5. Part B The first update of the soil district plan and all subsequent updates shall also include: 1. an assessment of the progress made within the soil district towards achieving its objectives under part A of this Annex; 2. any significant changes in the practices and measures or their implementation timetable.
Amendment 751 #
Proposal for a directive
Article 11 – paragraph 1 – point a – point iii a (new)
Article 11 – paragraph 1 – point a – point iii a (new)
(iiia) (iv) setting up an archiving policy at each governance level paying special attention to the maintenance of a performant archive system that provides efficient access to R&I stakeholders, land users and owners to exploit soil quality information from these historical data;
Amendment 752 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 – point e
Article 13 – paragraph 2 – subparagraph 1 – point e
(e) occurrence and historical data of a potentially contaminating accident, calamity, disaster, incident or spill;
Amendment 756 #
Proposal for a directive
Annex I – Part A – row 4a
Annex I – Part A – row 4a
Part A: soil descriptors with criteria for healthy soil condition established at Union level 2 footnote 2 Statistics on Agricultural Inputs and Outputs Regulation 2022/2379 3 footnote 3 https://pubs.acs.org/doi/epdf/10.1021/acs.est.2c07251 Loss of soil Soil Organic - For organic soils: respect No exclusion organic Carbon targets set for such soils at carbon (SOC) national level in accordance concentration with Article 4.1, 4.2, 9.4 of (g per kg) Regulation (EU) …/…+ Soil Total contaminatio Applied n Toxicity Indicator (TAT indicator)
Amendment 763 #
Proposal for a directive
Annex I – Part B – Row 2
Annex I – Part B – Row 2
14 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). Part B: soil descriptors with criteria for healthy soil condition established at Member States level Excess nutrient Extractable < “maximum value”; No exclusion nutrient content in soil phosphorus The “maximum value” shall content in soil (mg per kg) be laid down by the Member State within the range 30-50 mg kg-1 Soil - - concentration Reasonable assurance, obtained No exclusion contamination concentration obtained from soil point of heavy sampling, identification andfrom soil point sampling, metals in soil: investigation of contaminateddentification and investigation (As, Sb, Cd, of contaminated sites and any other relevant Co, Cr (total), other relevant information, that no Cr (VI), Cu, no unacceptable risk for human Hg, Pb, Ni, Tl, health and the environment from Tl, V, Zn (µg fromper soil contamination per kg) exists. - kg) Habitats with naturally high concentration - plant concentration of heavy metals of a sel protection that are included in Annex I of of organic products of Council Directive contaminants residues 92/43/EEC145 shall remain established by protected. protected. - conc entration of a selection of key contaminan ts of specific relevance and concern at national level, established by Member States and taking into account existing concentration on limits e.g. for 15 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). water quality and and air emissions in Union legislation air emissions in Union legislation - Total Applied Toxicity Indicator (TAT indicator) Reduction of Soil water The estimated value for the No exclusion soil capacity holding total water holding capacity of to retain capacity of a soil district by river basin or water the soil subbasin is above the minimal sample (% of threshold. volume of The minimal threshold shall water / be set (in tonnes) by the volume of Member State at soil district saturated soil) 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.
Amendment 768 #
Proposal for a directive
Annex I – Part C – Row 2a
Annex I – Part C – Row 2a
Part C: soil descriptors without criteria Aspect of soil degradation Soil descriptor Excess nutrient content in soil Nitrogen in soil (mg g-1) Diffuse pollution Member States shall perform generic chemical screening approaches of diffuse pollutions in soils to identify new possible risks and e.g. emerging pollutants.
Amendment 775 #
Proposal for a directive
Annex II – Part B – Row 8
Annex II – Part B – Row 8