Activities of Elsi KATAINEN related to 2023/0232(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the council on Soil Monitoring and Resilience (Soil Monitoring Law)
Amendments (77)
Amendment 103 #
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to aim 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 obligation to achieve healthy soils by 2050 neither 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 107 #
Proposal for a directive
Recital 24
Recital 24
(24) Addressing the pressures on soils and identifying the appropriate measures to maintain or regenerate soil health requires that the variety of soil types, the specific local and climatic conditions and the land use or the land cover is taken into account. It is therefore appropriate that Member States establish soil districts. Soil districts should constitute the basic governance units to manage soils and to take measures to comply with the requirements laid down in this Directive, in particular with regard to the monitoring and assessment of soil health. The number, geographic extent and boundaries of soil districts for each Member State should be determined in order to facilitate the implementation of Regulation (UE) …/…. of the European Parliament and of the Council48 . There should be a minimum number of soil districts in each Member State taking into account the size of the Member State. This minimum number of soil districts for each Member State shallmay correspond to the number of NUTS 1 territorial units established in Regulation (EC) No 1059/2003 of the European Parliament and of the Council49 . __________________ 48 +OP please insert in the text the number of the Regulation on the carbon removal certification contained in document COM(2022) 672 final and insert the number, date, title and OJ reference of that Directive in the footnote. 49 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
Amendment 112 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure an appropriate governance on soils, Member States should be required to appoint a competent authority for each soil district. Member States should be allowed to appoint any additional competent authority at appropriate level including at national or regional levels.
Amendment 115 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to have a common definition of healthy soil condition, there is a need to define a minimum common set of measurable criteria, which, if not respected leads to a critical loss in the soil’s capacity to function as a vital living system and to provide ecosystem services, including agriculture, food production and sustainable soil monitoring. Such criteria should reflect and be based on the existing level of soil science and duly taking into account the socio economic effects.
Amendment 141 #
Proposal for a directive
Recital 37
Recital 37
(37) To maintain or enhance soil health, soils need to be managed sustainably. Sustainable soil management will enable the long-term provision of soil services, including improved air and water quality and food security. It is therefore appropriate to lay down an indicative list of sustainable soil management principles to guide soil management practices.
Amendment 144 #
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 support 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 their production to reflect these in the value of their products. 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 162 #
Proposal for a directive
Recital 48
Recital 48
(48) Transparency is an essential component of soil policy and ensures public accountability and awareness, fair market conditions and the monitoring of progress. Therefore, Member States should set up and maintain a national register of contaminated sites and potentially contaminated sites which contains site- specific information that should be made publicly accessible in an online georeferenced spatial database, without disclosing the identity of the owner of the site. The register should contain the information that is necessary for the public to be informed on the existence and on the management of potentially contaminated sites and contaminated sites. Because the presence of soil contamination is not yet confirmed but only suspected on potentially contaminated sites, the difference between contaminated sites and potentially contaminated sites has to be communicated and explained well to the public to avoid raising unnecessary concern.
Amendment 166 #
Proposal for a directive
Recital 51
Recital 51
Amendment 171 #
Proposal for a directive
Recital 53
Recital 53
(53) The Commission should carry out an evidence-based evaluation and, where relevant, a revision of this Directive, 6 10 years after its entry into force on the basis of the results of the soil health assessment. The evaluation should assess in particular the need to set more specific requirements to make sure unhealthy soils are regenerated and the objective to achieve healthy soils by 2050 is achieved. The evaluation should also assess the need to adapt the definition of healthy soils to scientific and technical progress by adding provisions on certain descriptors or criteria based on new scientific evidence relating to the protection of soils or on the grounds of a problem specific to a Member State arising from new environmental or climatic circumstances. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures.
Amendment 175 #
Proposal for a directive
Recital 54
Recital 54
(54) Coordinated measures by all Member States are necessaryaim to achieve the vision to have all soils healthy by 2050 and to secure the provision of ecosystem services by soils across the Union in the long-term. Individual actions of Member States have proven to be insufficient since the soil degradation is continuing and even deteriorating. Since the objectives of this Directive cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 186 #
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 and coherent soil monitoring framework for all soils across the EU and to continuously improve soil health in the Union with the view to aim 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 206 #
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 taking into account its capacity to function as a vital living system and to provide ecosystem services and improve the vitality of the food production;
Amendment 219 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘sustainable soil management’ means soil management practices that maintain or enhance the ecosystem services provided by the soil without impairing the functions enabling those services, or being detrimental to other properties of the environmentof soil while duly taking into account the socio economic effects;
Amendment 226 #
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘soil district’ means the part of the territory of a Member State, as delimitfined by that Member State in accordance with this Directive and possibly taking into account the current administrative and territorial governance already established;
Amendment 236 #
Proposal for a directive
Article 3 – paragraph 1 – point 18
Article 3 – paragraph 1 – point 18
(18) ‘transfer function’ means a mathematical rule that allows to convert the value of a measurement, performed using a methodology different from a reference methodology, into the value that would be obtained by performing the soil measurement using the reference methodology;
Amendment 241 #
Proposal for a directive
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘public concerned’ means the public affected or likely to be affected by soil degradcontamination, or having an interest in the decision-making procedures related to the implementation of the obligations under this Directive, including land owners and land users, as well as non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law.
Amendment 263 #
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 may take into account existing land use administrative units and shall seek homogeneity within each soil district regarding at least one of the following parameters:
Amendment 280 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Member States shall inform the Commission on designate oned competent authorityies for each soil districts established in accordance with Article 4.
Amendment 290 #
Proposal for a directive
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) the relevant remote sensing data, proven scientifically and products referred to in paragraph 5 of this Article, if any;
Amendment 291 #
Proposal for a directive
Article 6 – paragraph 3 – point e a (new)
Article 6 – paragraph 3 – point e a (new)
(ea) existing national monitoring frameworks should be prioritised;
Amendment 294 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shallmay, subject to agreement from Member States concerned followed by negotiations to determine appropriate location, 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 in the cooperation with the land owners and land managers.
Amendment 299 #
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 anonymized georeferenced spatial format to at leastwithout disclosing the identity of the owner of the site, on the available soil health data resulting from:
Amendment 308 #
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, based on their needs, listed in Annex I.
Amendment 311 #
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 specifications referred to in the second and third columns in part A of Annex I.local needs and further justified in line with Article 18:
Amendment 314 #
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 basetd out in the third column in part B of Annex I.local needs
Amendment 324 #
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 and taking into account the existing monitoring systems.
Amendment 327 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Member States may apply other equivalent methodologies than the ones listed in the first subparagraph, points (a) and (b), provided that validated transfer functions are available, as required in Annex II, part B, fourth column.
Amendment 330 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Member States shall ensure that new soil measurements are performed at least every 510 years.
Amendment 339 #
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 taking account the reasoned changes on land use at the sampling areas.
Amendment 350 #
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 followingrelevant cumulative conditions are fulfilled, based on the local conditions and further justified in line with the Article 18:
Amendment 363 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Amendment 375 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
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 unhealthy soils and inform the public in accordance with Article 19directly the land owners and land managers and the public when relevant.
Amendment 379 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Amendment 385 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Amendment 395 #
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Member States shall communicate automatically soil health data and assessment referred to in Articles 6 to 9 to the relevant land owners and land managers upon their requestwithin relevant timeframe, in particular to support the development of the advice referred to in Article 10(3).
Amendment 401 #
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 account the type,geographical and climatic difference, type, current and planned use and condition of soil:
Amendment 415 #
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 indicative list of sustainable soil management principles listed in Annex III to be gradually implemented on all managed soils and based on the local needs, 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 422 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point b
Article 10 – paragraph 1 – subparagraph 1 – point b
(b) defining soil management practices and other practices affecting negativesignificantly the soil health negatively to be avoided by soil managers, taking account the difference on different soil types.
Amendment 432 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
When defining the practices and measures referred to in this paragraph, Member States shall take into account the an indicative list of programmes, plans, targets and measures listed in Annex IV as well as the latest existing scientific knowledge including results coming out of the Horizon Europe Mission a Soil Deal for Europe.
Amendment 437 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
Member States shall identify synergies with the programmes, plans and measures set out in an indicative list of Annex IV. The soil health monitoring data, the results of the soil health assessments, the analysis referred to in Article 9 and the sustainable soil management measures shall inform the development of the programmes, plans and measures set out in Annex IV.
Amendment 442 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 4 a (new)
Article 10 – paragraph 1 – subparagraph 4 a (new)
Member State shall ensure that sustainable soil management practices are technically feasible and duly taking into account the socio economic effects.
Amendment 447 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2 – point b
Article 10 – paragraph 2 – subparagraph 2 – point b
(b) promoting research and implementation of holisticsustainable soil management concepts;
Amendment 456 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 465 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
Member States shall ensure thare encouraged to considerate the following principles are reaspecteds in case of land take, while taking into account the specificities of the local level:
Amendment 466 #
Proposal for a directive
Article 11 – paragraph 1 – point a – introductory part
Article 11 – paragraph 1 – point a – introductory part
(a) avoid or reduce as much as technically, socially and economically possible the loss of the capacity of the soil to provide multiple ecosystem services, including agriculture, food production and sustainable forest management, by:
Amendment 500 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) compensate as much as possiblelandowners the loss of soil capacity to provide multiple ecosystem services.
Amendment 519 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. On the potentially contaminated soils, land owners and land managers must be given opportunity to provide relevant information and justifications in accordance with the Article 14.
Amendment 532 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Member States shall lay down the rules concerning the deadline, content, form and the prioritisation of the soil investigations, taking duly into account environmental, economic and social effects. Those rules shall be established in accordance with the risk-based approach referred to in Article 12 and the list of potentially contaminating risk activities referred to in Article 13(2), second subparagraph.
Amendment 544 #
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. The risk reduction measures may consist of the measures referred to in Annex V. When deciding on the appropriate risk reduction measures and timing of the enforcement, the competent authority shall take into consideration the current and planned land use, costs, benefits, effectiveness, durability, and technical feasibility of available risk reduction measures.
Amendment 548 #
Proposal for a directive
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 551 #
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Member States shall make public, when relevant, 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. __________________ 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 557 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
By ... [OP : please insert date = 24 months from the entry into force of the Directive], the Commission shall assess gaps between funding needs and the available Union funding, taking into account the synergies between current programmes, necessary for supporting Member States in the implementation of this Directive, paying specific attention to environmental monitoring needs, including LUCAS soil.
Amendment 567 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c – introductory part
Article 18 – paragraph 1 – subparagraph 1 – point c – introductory part
(c) a general summary of the progress on:
Amendment 573 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c a (new)
Article 18 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) list of cumulative conditions defined for different soil types, based on Article 9(2).
Amendment 581 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make public the relevant data generated by the monitoring carried out under Article 8 and the assessment carried out under Article 9 of this Directive accessible to the public with the permission by landowners and land managers in the anonymized form, in accordance with the provisions under Article 11 of Directive 2007/2/EC of the European Parliament and of the Council80 for geographically explicit data and Article 5 of Directive (EU) 2019/1024 for other data. __________________ 80 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
Amendment 588 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Member States shall ensure that the relevant information referred to in Article 18 of this Directive is available and accessible 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 595 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8, 10, 15 and 16 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.
Amendment 598 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The delegation of power referred to in Articles 8, 10, 15 and 16 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 599 #
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts with the expertise of various land uses such as agriculture, forests and urban soils, designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 601 #
Proposal for a directive
Article 20 – paragraph 6
Article 20 – paragraph 6
6. A delegated act adopted pursuant to Articles 8, 10, 15 and 16 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 605 #
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 610 #
Proposal for a directive
Article 23
Article 23
Amendment 620 #
Proposal for a directive
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. By (OP :please insert the date = 6 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 willare aimed to be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:
Amendment 636 #
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 hectare year) they represent a significant per year) disaster risk Loss of soil Soil Organic - For organic soils: respect No exclusion organic Ccarbon targets set for such soils at carbon (SOC) national level in accordanceCarbon (SOC) Member State shall set concentration with Articles 4(1), 4(2), 9(4)the indicator for n (g per kg) of Regulation (EU) …/…+ monitoring nationally - For mineral soils: Non-managed soils in natural SOC/Clay ratio > 1/13; Member States shall natural land areas Member States may apply a monitor a corrective corrective factor where specific soil specific soil types or climatic conditions justify it, taking taking into account the actual SOC actual SOC content in permanent permanent grasslands. Subsoil Bulk density in Soil texture27 range Non-managed soils in natural compaction in subsoil (upper sand, loamy <1.80 natural land areas (upper part part of B or E sand, sandy of B or E horizon6); loam, loam horizon1); Member States Member may replace Sandy clay <1.75 States may this descriptor loam, loam, clay replace this with an loam, silt, silt descriptor equivalent loam with an parameter (g silt loam, silty <1.65 equivalent per cm3) clay loam parameter (g per cm3) Sandy clay, silty <1.58 clay, clay loam with 35-45% clay clay Clay <1.47 In case a Member State replaces the soil descriptor descriptor “bulk density in subsoil” with an with an equivalent parameter, it it shall adopt a criterion for healthy soil condition for the the chosen soil descriptor that is that is equivalent to the criterion set criterion set for “bulk for “bulk density in subsoil”. __________________ + OP : please insert in the text the number of Regulation on nature restoration contained in document COM(2022) 304 16 As defined in the FAO Guidelines for Soil Description, Chapter 5 (https://www.fao.org/3/a0541e/a0541e.pdf ) 27 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 642 #
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”; The No exclusion content in soil phosphorus (mg per “maximum value” shall be kg) laid down by the Member State within the range 30- 50 mg kg-1 or within the range of 30-50 mL/L if using acidic ammonium acetate solution Soil - concentration of Reasonable assurance, No exclusion contamination heavy metals in obtained from soil point soil: As, Sb, Cd, sampling, identification and Co, Cr (total), Cr and investigation of (VI), Cu, Hg, Pb, contaminated sites and any Ni, Tl, V, Zn (µg other relevant any other relevant per kg) information, that no per kg) that no unacceptable risk for for human health and the environment from soil contamination exists. - concentration of Habitats with naturally high a selection of concentration of heavy organic metals that are included in contaminants Annex I of Council established by Directive 92/43/EEC1 shall Member States remain protected. and taking into account existing concentration limits e.g. for water quality and air emissions in Union legislation Reduction of Soil water holding The estimated value for No exclusion soil capacity to capacity of the soil the total water holding retain water sample (% of capacity of a soil district volume of water / by river basin or subbasin volume of saturated is above the minimal soil) 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. ______________________ 1 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).
Amendment 652 #
Proposal for a directive
Annex II – Part A
Annex II – Part A
Part A: Methodology for determining sampling points Activity Minimum criteria for methodology Determination of soil sampling The sample survey shall be designed from a complete sample points (sample survey) and layers (sample frame containing the best available information on the soil survey) properties distribution, including but not limited to information resulting from previous national measurements and measurements under the LUCAS programme. The sampling scheme shall be designed with an unbiased and probabilistic manner and a stratified random sampling optimized on the soil health descriptors. The size of the national sample shall meet the requirement of a maximum percent error (or Coefficient of Variation) of 5% for the estimation of the area having healthy soils. The Commission sample for the survey set under Art 6(4) may may contribute to a maximum of 20 % of the size of national samples. The allocation and size of the sample shall be determined by applying the Bethel algorithm (Bethel, 1989)5 accounting for the required maximum estimation error. ______________________ 5 Bethel, J. 1989. “Sample Allocation in Multivariate Surveys.” Survey Methodology 15: 47–57.
Amendment 654 #
Proposal for a directive
Annex II – Part B
Annex II – Part B
Part B: Methodology for determining or estimating the values of soil descriptors Soil descriptor Reference Minimum methodological Validated methodology criteria transfer function required (if using a methodology different from the reference methodology6)? Soil texture (clay, silt Preferred method: ISO YES and sand content – 11277:1998 needed for the Determination of determination of other particle size descriptors and related distribution in mineral ranges) soil material – Method by sieving and sedimentation Alternative method: ISO13320:2009 Particle size analysis – Laser diffraction methods Electrical Option 1: saturated soil YES Conductivity paste extract (eEC) measurement method (FAO SOP: GLOSOLAN-SOP- 087) Option 2: ISO 11265:1994 Determination of The Specific Electrical Conductivity; Soil erosion rate Soil erosion rate estimation N/A shall take into account all actions taken to mitigate or compensate the erosion risk, including post-fire mitigation measures. Soil erosion rate estimation shall include all relevant erosion processes such as erosion by water, wind, harvest and tillage. For example RUSLE soil erosion model can be used. Soil erosion by water shall be assessed by considering the following factors: - soil characteristics (e.g. erodibility, soil crusting, soil roughness), - climate (e.g. rainfall erosivity – intensity and duration, considering relevant climate change projections for a given area), - topography (e.g. slope steepness and length), - vegetation cover, crop type, land use and management practices to control or reduce erosion, - management practices (e.g. cover crops, reduced tillage, mulching, etc.), - burned areas. Soil erosion by wind shall be assessed by considering the following factors: - soil characteristics (e.g. erodibility), - climate (e.g. soil moisture, wind speed, evaporation), - vegetation (e.g. crop type), - management practices to control or reduce erosion (e.g. wind breaks). Soil Organic Carbon ISO 10694:1995 YES (SOC) Determination of organic and total carbon after dry combustion Bulk density in subsoil ISO 11272:2017 for YES (B horizon8) or determination of dry equivalent9 parameter bulk density chosen by Member States In case an equivalent parameter is chosen, the methodology shall be either a European or International standard when available; if such standard is not available, the methodology chosen shall either be available in the scientific literature or publicly available. Extractable ISO 11263:1994 for YES phosphorus spectrometric determination of phosphorus soluble in sodium hydrogen carbonate solution (P- Olsen) or using acidic ammonium acetate solution - - Concentration of Potential YES heavy metals in soil: environmental soil: As, Sb, Cd, Co, Cr available content of (total), Cr (VI), Cu, Co, Cr (total), Cr heavy metals in soils Hg, Pb, Ni, Tl, V, Zn (VI), Cu, Hg, Pb, based on ISO Ni, Tl, V, Zn 17586:2016 using dilute nitric acid. - - Concentration of a Use European or N/A a selection of organic International standards contaminants defined organic when available; if such by Member States and contaminants standard is not available, taking into account defined by the methodology chosen existing EU legislation Member States shall either be available in (e.g. on water quality and taking into the scientific literature or or pesticides) account existing publicly available EU legislation (e.g. on water quality or pesticides) Soil water holding Methodology to Minimum criteria for YES (for point capacity determine the value for estimating the total soil value) one sample point: water holding capacity of a soil district on a river basin or sub-basin scale: Option 1: - for the area of land not LABORATORY: ISO taken estimate the total 11274:2019 for value of soil water determination of the holding capacity water-retention characteristic. Option 2: - for the area of land ESTIMATION: apply taken, consider setting methodology described the water holding in the scientific article capacity of impervious “New generation of areas to zero, hydraulic pedotransfer attributing functions for Europe”10 proportionately based on texture (or intermediate values to particle size semi-impervious and distribution) and soil other artificial areas. organic carbon. Nitrogen in soil ISO 11261:1995 for YES determination of total soil nitrogen using a modified Kjeldahl method Soil acidity ISO 10390:2005 for YES determination of pH in H2O and CaCl2 extract (pH-H2O and pH- CaCl2) Bulk density in ISO 11272:2017 for YES “topsoil” (A- determination of dry horizon11) bulk density Soil basal respiration Follow indications YES described in the scientific article “Microbial biomass and activities in soil as affected by frozen and cold storage”13 Member States may also select optional soil biodiversity descriptors such as: - Metabarcoding12 of For other soil bacteria, fungi, biodiversity protists and descriptors: animals; N/A - Abundance and Use European or diversity of international standards nematodes; when available; if such standard is not available, the methodology chosen shall either be available in the scientific literature or publicly available. - Microbial biomass; - Abundance and diversity of earthworms (in cropland) ______________________ 5 Bethel, J. 1989. “Sample Allocation in Multivariate Surveys.” Survey Methodology 15: 47–57. 6 The methodologies different from the reference methodology shall either be available in the scientific literature or publicly available. 7 https://www.fao.org/3/cb3355en/cb3355en.pdf 8 As defined in the FAO Guidelines for Soil Description, Chapter 5 (https://www.fao.org/3/a0541e/a0541e.pdf ) 9 Equivalent according to the EEA report: Soil monitoring in Europe – Indicators and thresholds for soil health assessments — European Environment Agency (europa.eu) 10 11 As defined in the FAO Guidelines for Soil Description, Chapter 5 (https://www.fao.org/3/a0541e/a0541e.pdf ) 12 Sequencing of DNA barcodes for measuring taxonomical and functional diversity of archaea, bacteria, fungi and other eukaryotes as was done for LUCAS Soil Biodiversity based on https://doi.org/10.1111/ejss.13299 13 https://www.sciencedirect.com/science/article/abs/pii/S0038071797001259
Amendment 657 #
Proposal for a directive
Annex III – subheading 1
Annex III – subheading 1
INDICATIVE LIST ON SUSTAINABLE SOIL MANAGEMENT PRINCIPLES
Amendment 659 #
Proposal for a directive
Annex III – paragraph 1 – introductory part
Annex III – paragraph 1 – introductory part
The following principles shallmay apply:
Amendment 663 #
Proposal for a directive
Annex III – paragraph 1 – point a
Annex III – paragraph 1 – point a
(a) avoid leaving soil bare by establishing and maintaining vegetative soil cover on agricultural soil, especially during environmentally sensitive periods;
Amendment 677 #
Proposal for a directive
Annex III – paragraph 1 – point e
Annex III – paragraph 1 – point e
(e) when fertilization is applied, ensureing the balanced and integrated nutrient adaptation to the needs of the plant and trees at the given location and in the given period, and to the condition of soil and prioritize circular solutions that enrich the organic content;
Amendment 683 #
Proposal for a directive
Annex III – paragraph 1 – point h
Annex III – paragraph 1 – point h
(h) use site-adapted species in the cultivation of crops, plants or trees where this can prevent soil degradation or contribute to improving soil health, also taking into consideration the mitigation and adaptation to climate change;
Amendment 684 #
Proposal for a directive
Annex III – paragraph 1 – point i
Annex III – paragraph 1 – point i
(i) ensure optimisedsufficent water levels in organic soils, based on the scientific knowledge and voluntary manner of land owners and land managers, so that the structure and composition of such soils are not negatively affected while taking account the social and economical effects;110 __________________ 110 This principle does not apply to urban soils
Amendment 690 #
Proposal for a directive
Annex III – paragraph 1 – point j
Annex III – paragraph 1 – point j
(j) in the case of crop cultivation, ensureLocal climate and other specificities conditions based crop rotation and crop diversity, taking into consideration different crop families, root systems, water and nutrient needs, and integrated pest management;
Amendment 698 #
Proposal for a directive
Annex IV – subheading 1
Annex IV – subheading 1
INDICATIVE LIST OF PROGRAMMES, PLANS, TARGETS AND MEASURES REFERRED TO IN ARTICLE 10
Amendment 699 #
Proposal for a directive
Annex IV – point 14 a (new)
Annex IV – point 14 a (new)
(14a) The European Bioeconomy Strategy and possible national bioeconomy strategies
Amendment 700 #
Proposal for a directive
Annex VII – paragraph 1 – introductory part
Annex VII – paragraph 1 – introductory part
The design and presentation of the anonymized data in the register shall enable the public, when relevant, to track progress in the management of potentially contaminated sites and contaminated sites, while respecting the property right. The register shall contain and present the following information at site level for the known potentially contaminated sites, contaminated sites, contaminated sites requiring further action, and contaminated sites where action was taken or is being taken: