Activities of Anna ZALEWSKA related to 2023/0232(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on Soil Monitoring and Resilience (Soil Monitoring Law)
Amendments (21)
Amendment 220 #
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 achieve healthy soils by 2050, where technically possible and economically proportionate 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 252 #
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 consideration the land use and its purpose;
Amendment 294 #
Proposal for a directive
Article 3 – paragraph 1 – point 26 a (new)
Article 3 – paragraph 1 – point 26 a (new)
(26 a) 'heavily modified soils' means soils where the provision of ecosystems services is almost completely hampered to such a degree that it is almost impossible to restore.
Amendment 321 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Member States shall, where appropriate, cooperate and exchange best practices with neighboring Member States, provided there are transboundary effects on soil and comparable land use across borders. This applies particularly to soil districts that demonstrate similar values in the parameters outlined in paragraph 2, points (a) to (d).
Amendment 399 #
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 57 years.
Amendment 422 #
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 57 years and that the first soil health assessment is performed by … (OP: please insert the date = 57 years after date of entry into force of the Directive).
Amendment 432 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point a
Article 9 – paragraph 2 – subparagraph 1 – point a
(a) the values for all soil degradation aspects descriptors listed in part A of Annex I meet or exceed the criteria laid down therein and, where applicable, adapted in accordance with Article 7;
Amendment 435 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point a
Article 9 – paragraph 2 – subparagraph 1 – point a
(a) the values for allmajority of the soils descriptors listed in part A of Annex I meet the criteria laid down therein and, where applicable, adapted in accordance with Article 7;
Amendment 438 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point b
Article 9 – paragraph 2 – subparagraph 1 – point b
(b) the values for all soil degradation aspects descriptors listed in part B of Annex I meet the criteria set in accordance with Article 7 (‘healthy soil’).
Amendment 445 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 a (new)
Article 9 – paragraph 2 – subparagraph 2 a (new)
Soil is considered degradated when three or less aspects of soil degradation listed in Parts A and B of Annex I are identified by descriptors not meeting set criteria.
Amendment 454 #
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 (‘unhealthy soil’)n four or more aspects of soil degradation listed in Parts A and B of Annex I are identified by descriptors not meeting set criteria.
Amendment 457 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3 a (new)
Article 9 – paragraph 2 – subparagraph 3 a (new)
By way of derogation, artificial and heavily-modified soils, as defined within Article 3, shall be excluded from meeting the conditions for healthy soils as refered to in paragraph 2 of this Article.
Amendment 458 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3 b (new)
Article 9 – paragraph 2 – subparagraph 3 b (new)
The criteria should allow a certain level of flexibility to best reflect the specificities of soil categories and qualities throughout the Member States.
Amendment 517 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 4 a (new)
Article 10 – paragraph 1 – subparagraph 4 a (new)
When defining the practices and measures referred to in this paragraph, Member States shall take into account costs, benefits, effectiveness, durability and technical feasibility of practices.
Amendment 597 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that all potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation, where appropriate and according to prioritisation.
Amendment 600 #
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 and taking into account environmental, social and economic aspects. 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 612 #
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. Member States may consider assessments which have been implemented in accordance with the Directive 2011/92/EU or Directive 2010/75/EU or Directive 2012/18/EU as sufficient, where appropriate.
Amendment 681 #
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1 a. Member States may use system of financial and administrative incentives instead of penalties as referred in paragraph 1 in order to guarantee the compliance of natural and legal persons with the obligations laid down in the Directive.
Amendment 682 #
Amendment 686 #
Proposal for a directive
Article 23 – paragraph 3 – point b a (new)
Article 23 – paragraph 3 – point b a (new)
(b a) the repetitive or singular character of the violation;
Amendment 688 #
Proposal for a directive
Article 23 – paragraph 3 – point c
Article 23 – paragraph 3 – point c
(c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection ofbringing the risks to an acceptable level for human health and the environment.