BETA

28 Amendments of Jessica POLFJÄRD related to 2023/0232(COD)

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 1 – paragraph 1

1. The objective of the Directive is to put in place a ~~solid and coherent~~clear, coherent and flexible soil monitoring framework for all soils across the EU ~~and~~in order to continuously improve soil health in the Union with the view 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~~strengthen food security and that soil contamination is reduced to levels no longer considered harmful to human health and the environment.

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 3 – paragraph 1 – point 8

(8) ‘soil district’ means the part of the territory of a Member State, as defined and delimited by that Member State ~~in accordance with this Directive~~;

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 3 – paragraph 1 – point 23

(23) ‘risk’ means the ~~possibility of harmful effects to~~likelihood and harmful impact on human health or the environment resulting from exposure to soil contamination;

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1

Member States shall ~~establish~~define and delimit soil districts throughout their territory.

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2

The number of soil districts ~~for each Member State shall as a minimum correspond to the number of NUTS 1 territorial units established under Regulation (EC) No 1059/2003~~shall be determined by each Member State.

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 4 – paragraph 2 – introductory part

2. When ~~establishing the geographic extent of~~defining and delimiting the soil districts, Member States may take into account existing governance structures, administrative units and ~~shall seek homogeneity within each soil district regarding the following parameters:~~national systems for inventories.

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 4 – paragraph 2 – point a

~~(a) soil type as defined in the World Reference Base for Soil Resources75 ; _________________ 75 https://www.fao.org/soils-portal/data- hub/soil-classification/world-reference- base/en/~~deleted

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 4 – paragraph 2 – point b

~~(b) climatic conditions;~~deleted

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 4 – paragraph 2 – point c

(c) environmental zone as described in Alterra Report 228176 ; _________________ 76 M.J. Metzger, A.D. Shkaruba, R.H.G. Jongman and R.G.H. Bunce, Descriptions of the European Environmental Zones and Strata, Alterra Report 2281 ISSN 1566-7197.deleted

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 4 – paragraph 2 – point d

~~(d) land use or land cover as used in the Land Use/Cover Area frame statistical Survey (LUCAS) programme.~~deleted

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 4 – paragraph 2 a (new)

2 a. When defining and delimiting soil districts, Member States shall consult local and regional authorities as well as landowners.

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 5 – paragraph 2

~~Member States shall designate one competent authority for each soil district established in accordance with Article 4.~~deleted

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 6 – paragraph 3 – point e a (new)

(e a) where applicable, existing national soil monitoring frameworks.

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 6 – paragraph 4

4. The Commission ~~shall~~may, subject to agreement from Member States concerned, carry out ~~regul~~supplementary 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.

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 6 – paragraph 6 – introductory part

6. The Commission and the EEA shall, on the basis of existing data and within two years of the entry into force of this Directive, establish a digital soil health data portal that shall provide access in georeferenced spatial format to ~~at least~~ the available aggregated and anonymous soil health data resulting from:

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 6 – paragraph 7

7. The digital soil health data portal referred to in paragraph 6 may also provide access to other soil health related data than the data referred to in that paragraph if those data were shared or collected in accordance with the formats or methods established by the Commission pursuant to paragraph 8.deleted

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 6 – paragraph 8

8. The Commission shall adopt implementing acts to establish formats or methods for sharing or collecting the data referred to in paragraph 7 or for integrating those data in the digital soil health data portal. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.deleted

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 8 – paragraph 6

~~6. The Commission is empowered to adopt~~ delegated acts in accordance with Article 20 to amend Annex II in order to adapt the reference methodologies mentioned in it to scientific and technical progress, in particular where values of soil descriptors can be determined by remote sensing referred to in Article 6(5).

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
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 and, on the basis of the outcome of the soil assessments carried out in accordance with Article 9, regeneration practices to be gradually implemento be gradually implemented on the unhealthy soils in the Member States. Member States may consider the list of voluntary sustainable soil management principles listed oin ~~the unhealthy soils in the Member States~~Annex III;

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 10 – paragraph 4

~~4. The Commission is empowered to adopt~~ delegated ~~acts in accordance with Article 20 to amend Annex III in order to adapt the sustainable soil management principles to take into account scientific and technical progress.~~

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 11

Land take mitigation principles Member States shall ensure that the following principles are respected in case of land take: (a) avoid or reduce as much as technically and economically possible the loss of the capacity of the soil to provide multiple ecosystem services, including food production, by: (i) reducing the area affected by the land take to the extent possible and (ii) selecting areas where the loss of ecosystem services would be minimized and (iii) performing the land take in a way that minimizes the negative impact on soil; (b) compensate as much as possible the loss of soil capacity to provide multiple ecosystem services.Article 11 deleted

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 19 – paragraph 1

1. Member States shall make public the ~~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, 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).

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 20

~~1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this~~ Article. 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. 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. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 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.0 deleted Exercise of the delegation

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Article 23 – paragraph 2

2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the violation. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. In the case of a violation committed by a legal person, such fines shall be proportionate to the legal person’s annual turnover in the Member State concerned, taking account, inter alia, the specificities of small and medium-sized enterprises (SMEs).deleted

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
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 will be healthy by 2050~~. This evaluation shall take into account, inter alia, the following elements:

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Annex III

SUSTAINABLE SOIL MANAGEMENT PRINCIPLES The following principles shall apply: (a) avoid leaving soil bare by establishing and maintaining vegetative soil cover, especially during environmentally sensitive periods; (b) minimise physical soil disturbance; (c) avoid inputs or release of substances into soil that may harm human health or the environment, or degrade soil health; (d) ensure that machinery use is adapted to the strength of the soil, and that the number and frequency of operations on soils are limited so that they do not compromise soil health; (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 and prioritize circular solutions that enrich the organic content; (f) in case of irrigation, maximise efficiency of irrigation systems and irrigation management and ensure that when recycled wastewater is used, the water quality meets the requirements set out in Annex I of Regulation (EU) 2020/741 of the European Parliament and of the Council108 and when water from other sources is used, it does not degrade soil health; (g) ensure soil protection by the creation and maintenance of adequate landscape features at the landscape level;109 (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 adaptation to climate change; (i) ensure optimised water levels in organic soils so that the structure and composition of such soils are not negatively affected;110 (j) in the case of crop cultivation, ensure crop rotation and crop diversity, taking into consideration different crop families, root systems, water and nutrient needs, and integrated pest management; (k) adapt livestock movement and grazing time, taking into consideration animal types and stocking density, so that soil health is not compromised and the soil's capacity to provide forage is not reduced; (l) in case of known disproportionate loss of one or several functions that substantially reduce the soils capacity to provide ecosystem services, apply targeted measures to regenerate those soil functions. _________________ 108 Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (OJ L 177, 5.6.2020, p. 32). 109 This principle does not apply to forest soils 110 This principle does not apply to urban soilsdeleted

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Annex III – subheading 1

EXAMPLES OF VOLUNTARY SUSTAINABLE SOIL MANAGEMENT PRINCIPLES

2023/11/28
Committee: ENVI

Jessica POLFJÄRD, Henna VIRKKUNEN

Proposal for a directive
Annex III – paragraph 1 – introductory part

The following principles shall ~~apply~~be considered:

2023/11/28
Committee: ENVI