24 Amendments of Ondřej KNOTEK related to 2023/0232(COD)
Amendment 159 #
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 betweenThe assessment of soil health should be based on a Soil Health Index relying on multiple indicators and reflecting the overall healthy and unhealthy condition cannot be identified now, only monitoring and assessment are required. This will facilitate the development of such criteria in futurequality of the soil. The Commission should be empowered to adopt a delegated act to establish the Soil Health Index.
Amendment 254 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services, taking into account the land use;
Amendment 283 #
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 in the soil in a concentration that may beis harmful to human health or the environment;
Amendment 401 #
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 56 years.
Amendment 421 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
Member States shall ensure that soil health assessments are performed at least every 56 years and that the first soil health assessment is performed by … (OP: please insert the date = 5 years after date of entry into force of the Directive).
Amendment 428 #
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 following cumulative conditions are fulfilled:values for all soil descriptors listed in part A and B of Annex I, meet the criteria laid down in the Soil Health Index;
Amendment 430 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point a
Article 9 – paragraph 2 – subparagraph 1 – point a
Amendment 436 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point b
Article 9 – paragraph 2 – subparagraph 1 – point b
Amendment 443 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
The Commission shall be empowered to adopt a delegated act to establish a Soil Health Index, which shall be used to assess the overall health and quality of soil, taking into account multiple indicators and the overall health and quality of the soil including its physical, chemical and biological properties.
Amendment 447 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Amendment 453 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Soil is unhealthy where at least one of the criteria referred to in subparagraph 1 is not met, leading to a siginificant deterioration in soil quality (‘unhealthy soil’).
Amendment 538 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
Member States shall ensure that the following principles are respected in case of land take, while taking into account local specificities and socio-economic interests:
Amendment 571 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall manage the risks for human health and the environment of potentially contaminated sites and contaminated sites, and keep them to acceptable levels, taking account of the environmental, social and economic impacts of the soil contamination and of the risk reduction measures taken pursuant to Article 15 paragraph 4. Risk assessment for human health shall always take into account the land use. Member States shall also take into account of the environmental, social and economic impacts of the risk reduction measures taken pursuant to Article 15 paragraph 4.
Amendment 585 #
1. Member States shall systematically and actively identify all sites where a soil contamination is suspected based on evidence collected through all availableproportional means (‘potentially contaminated sites’).
Amendment 598 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where appropriate, Member States shall ensure that all potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation.
Amendment 621 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By … (OP : please insert date = 4 years after entry into force of the Directive), Member States shall, in accordance with paragraph 2, draw up a register of contaminated sites and potentially contaminated sites.
Amendment 635 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Member States shall electronically report the following data and information to the Commission and to the EEA every 56 years:
Amendment 663 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8, 9, 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 666 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The delegation of power referred to in Articles 8, 9, 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 669 #
Proposal for a directive
Article 20 – paragraph 6
Article 20 – paragraph 6
6. A delegated act adopted pursuant to Articles 8, 9, 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 673 #
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 684 #
Proposal for a directive
Article 23 – paragraph 2
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, particularly taking into account, inter alia, the specificities of small and medium-sized enterprises (SMEs).
Amendment 753 #
Proposal for a directive
Annex I – Part A – Row 2
Annex I – Part A – Row 2
Part A: soil descriptors with criteria for healthy soil condition established at Union level Soil erosion Soil ≤ 2 t ha-1 y-1 Badlands and other erosion unmanaged natural land rate areas, except if they represent (tonnes a significant disaster risk per hectare per year) deleted deleted deleted deleted
Amendment 767 #
Proposal for a directive
Annex I – Part C - Row 2 and Row 5a
Annex I – Part C - Row 2 and Row 5a
Part C: soil descriptors without criteria Aspect of soil degradation Soil descriptor Excess nutrient content in soil Nitrogen in soil (mg g-1) and deficient nutrient Nitrogen in soil (mg g-1) content in soil Extractable phosphorus (mg per kg) Soil erosion Soil erosion rate (tonnes per hectare per year)