Activities of Sarah WIENER 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 (87)
Amendment 94 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) PFAS (Per- and polyfluoroalkyl substances) have been frequently observed to contaminate groundwater, surface water as well as soil. They may alter soil properties and structures, with some of the reported effects including decrease in soil respiration and water stable aggregates, and increase in soil pH.
Amendment 95 #
Proposal for a directive
Recital 22
Recital 22
(22) Soil degradation impacts fertility, yields, pest resistance and nutritional food quality. Since 95 % of our food is directly or indirectly produced on soils and the global population continues to increase, it is key that this finite natural resource remains healthy to ensure food security in the long-term and secure the productivity and profitability of Union agriculture. Sustainable soil management practices maintain or enhance soil health and contribute to the sustainability and resilience of the food system. Reducing nutrient losses and pesticide residues are essential in this respect.
Amendment 99 #
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22b) The Mission board for Soil Health and Food has advocated to aim for 75% of the soils of the European Union (EU) to be healthy or improving by 2030.
Amendment 100 #
Proposal for a directive
Recital 22 c (new)
Recital 22 c (new)
(22c) The development of organic agriculture is key to improve soil health in agriculture. The holistic and systemic approach of organic farming sustains important soil functions and delivers environmental benefits. Organic agriculture offers multiple solutions by building soil fertility while protecting biodiversity, ensuring good water quality, preventing pollution by refraining from the use of synthetic pesticides and fertilizers and storing carbon in soils, therefore contributing to climate mitigation and adaptation. Organic farming and other agroecological approaches should be incentivized to achieve the objectives of this Directive
Amendment 104 #
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 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 2035 and 2050 objectives and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards 2050those objectives.
Amendment 127 #
Proposal for a directive
Recital 30
Recital 30
(30) Soil is a limited resource subject to an ever-growing competition for different uses. Land take is a process often driven by economic development needs, that transforms natural and semi-natural areas (including agricultural and forestry land, gardens and parks) into artificial land development, using soil as a platform for constructions and infrastructure, as a direct source of raw material or as archive for historic patrimony. This transformation may cause the loss, often irreversibly, of the capacity of soils to provide other ecosystem services (provision of food and biomass, water and nutrients cycling, basis for biodiversity and carbon storage). In particular, land take often affects the most fertile agricultural soils, putting food security in jeopardy. Sealed soil also exposes human settlements to higher flood peaks and more intense heat island effects. Therefore, it is necessary to monitor land take and soil sealing and their effects on soil’s capacity to provide ecosystem services and take appropriate measures to address land take and soil sealing. It is also appropriate to lay down certain principles to mitigate the impacts of land take as part of sustainable soil management. In its resolution of 28 April 2021 on soil protection, the European Parliament emphasised that a common framework for soil should also consist of provisions regarding the mapping of risk areas and of contaminated, brownfield and abandoned sites
Amendment 142 #
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 and implement sustainable soil management principles to guide soil management practices.
Amendment 149 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) GAECs 5, 6 and 7 as set out in Regulation (EU) 2021/2115 include obligations to improve tillage management to reduce the risk of soil degradation and erosion, including by consideration of the slope gradient and minimum land management reflecting site specific conditions to limit erosion, minimum soil cover to avoid bare soil, protection of soils in periods that are most sensitive as well as crop rotation on arable land. In addition, GAEC 1 on protection of permanent pasture and GAEC 2 protecting wetlands and peatlands and soils high in organic matter, are relevant for soil protection.
Amendment 156 #
Proposal for a directive
Recital 43
Recital 43
(43) Contaminated sites are the legacy of decades of industrial activity in the EU and may lead to risks for human and animal health and the environment now and in the future. It is therefore necessary first to identify and investigate potentially contaminated sites and then, in case of confirmed contamination, to assess the risks and take measures to address unacceptable risks. Soil investigation may prove that a potentially contaminated site is in fact not contaminated. In that case, the site should no longer be labelled by the Member State as potentially contaminated, unless contamination is suspected based on new evidence.
Amendment 159 #
Proposal for a directive
Recital 46
Recital 46
(46) Flexibility for the management of potentially contaminated sites and contaminated sites is needed to take account of costs, benefits and local specificities. Member States should therefore at least adopt a risk-based approach for managing potentially contaminated sites and contaminated sites, taking into account the difference between these two categories, and which allows to allocate resources taking account of the specific environmental, economic and social context. Decisions should be taken based on the nature and extent of potential risks for human health and the environment resulting from exposure to soil contaminants (e.g. exposure of vulnerable populations such as pregnant women, persons with disabilities, elderly people and children). The cost-benefit analysis of undertaking remediation should be positive. The optimum remediation solution should be sustainable and selected through a balanced decision-making process that takes account of the environmental, economic and social impacts. The management of potentially contaminated sites and contaminated sites should respect the polluter-pays, precautionary and proportionality principles. Member States should lay down the specific methodology for determining the site-specific risks of contaminated sites. Member States should also define what constitutes an unacceptable risk from a contaminated site based on scientific knowledge, the precautionary principle, local specificities, and current and future land use. In order to reduce the risks of contaminated sites to an acceptable level for human and animal health and the environment, Member States should take adequate risk reduction measures including remediation. It should be possible to qualify measures taken under other Union legislation as risk reduction measures under this Directive when those measures effectively reduce risks posed by contaminated sites.
Amendment 160 #
Proposal for a directive
Recital 47
Recital 47
(47) Measures taken pursuant to this Directive should also take account of other EU policy objectives, such as the objectives pursued by [Regulation (EU) xxxx/xxxx67 +] that aim at ensuring secure and sustainable supply of critical raw materials for Europe’s industry. __________________ 67 + OP: please insert in the text the number of the Regulation establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020 contained in document COM(2023)160 and insert the number, date, title and OJ reference of that Directive in the footnote.
Amendment 178 #
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, resilience, regeneration and remediation 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 and maintain soils in healthy conditionin order to achieve 75% of the soils of the Union to be living, healthy or improving by 2035 and healthy, living soils by 2050 at the latest and maintain soils in healthy condition, prevent further deterioration, and compensate unavoidable negative effects, so that they can supply multiple ecosystem services at a scale sufficient to meet environmental, societal and economic needs, prevent and, mitigate and adapt to 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. This Directive therefore sets a binding target of 100% healthy soils across the Union by 2050 at the latest, with an intermediate target of 75% healthy soils by 2035.
Amendment 202 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘ecosystem services’ means direct or indirect contributions of ecosystems to the wellbeing of society as a whole, including economic, social, cultural and other benefits that people derive from those ecosystems;
Amendment 209 #
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, including all aspects of its biodiversity;
Amendment 221 #
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 soil biodiversity as well as the ecosystem services provided by the soil without impairing the functions enabling those services, or being detrimental to other properties of the environment;
Amendment 233 #
Proposal for a directive
Article 3 – paragraph 1 – point 17
Article 3 – paragraph 1 – point 17
(17) ‘land take’ and "soil sealing" means the conversion of natural and semi- natural land into artificial landland that no longer performs its ecological, hydrological and nutrient cycling functions;
Amendment 235 #
Proposal for a directive
Article 3 – paragraph 1 – point 17 a (new)
Article 3 – paragraph 1 – point 17 a (new)
(17a) "De-sealing of soil" means the re- conversion of land that no longer performs its natural soil functions, e.g. infiltration, percolation and hydrological functionality, into functional soil
Amendment 237 #
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 degradation, or having an interest in the decision-making procedures related to the implementation of the obligations under this Directive, including all stakeholders, inter alia land owners and land users, indigenous people as well as non- governmental organisations promoting the protection of human or animal health or the environment and meeting any requirements under national law.
Amendment 244 #
Proposal for a directive
Article 3 – paragraph 1 – point 20 a (new)
Article 3 – paragraph 1 – point 20 a (new)
(20a) ‘soil contamination’ means the presence of a chemical substance or material in the soil at a concentration that may lead to harmful effects on human or animal health or the environment;
Amendment 246 #
Proposal for a directive
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘risk’ means the possibility of harmful effects to human and animal health or the environment resulting from exposure to soil contamination;
Amendment 250 #
Proposal for a directive
Article 3 – paragraph 1 – point 26
Article 3 – paragraph 1 – point 26
(26) ‘soil remediation’ means a regeneration action that reduces, isolates or immobilizes contaminant concentrations in the soil. below a toxicity threshold for which significant dangers for organisms associated with or in contact with that soil can be excluded
Amendment 261 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 a (new)
The Commission shall issue soil district plan guidelines, based on which Member States and the relevant competent authority shall establish Soil District Plans, taking fully into account the provisions set out in this directive, at latest 3 years after entry into force of this directive. Member States shall ensure that the process of elaboration of these plans is open, inclusive and effective and that the public concerned, including the population of the relevant soil district, landowners, managers, non-governmental organisations and researchers are involved and are given early and effective opportunities to participate in their elaboration.
Amendment 267 #
Proposal for a directive
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) districts pursuant to the Water Framework Directive 2000/60/EC.
Amendment 274 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall designate the competent authorities responsible at an appropriate level for carrying out the duties laid down in this Directive, taking into account existing administrative divisions and overlapping responsibilities in divisions and overlapping responsibilities, in particular where soil districts are cross- regional.
Amendment 281 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Member States shall designate one competent authority for each soil district, or several, established in accordance with Article 4.
Amendment 295 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall, subject to agreement from 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, its shall ensure that the Commission can carry out such in-situ soil sampling.
Amendment 312 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Member States shall strengthen the soil descriptors and render more precise 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.
Amendment 318 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States may set additional soil descriptors and land take indicators, including but not limited to the optional descriptors and indicators listed in part C and D of Annex I, for monitoring purposes (‘additional soil descriptors’ and ‘additional land take indicators’) as well as for land concentration.
Amendment 319 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States mayshall set additional soil descriptors and land take indicators, including but not limited to the optional descriptors and indicators listed in part C and D of Annex I, for monitoring purposes (‘additional soil descriptors’ and ‘additional land take indicators’).
Amendment 328 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that the first soil measurements are performed at the latest by… (OP: please insert the date = 43 years after date of entry into force of the Directive).
Amendment 344 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 a (new)
Article 9 – paragraph 1 – subparagraph 1 a (new)
Member States shall, in consultation with local and regional authorities, establish operational percentage-based targets for healthy soil for each soil district throughout their territory. Member States shall set targets for the years 2035 and 2050, seeking to achieve the objectives of this directive and the EU soil strategy.
Amendment 374 #
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, reinforce actions pursuant to Articles 10, 11, 12, 13, 14, and 15 of this directive, and inform the public in accordance with Article 19.
Amendment 384 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Based on the harmonised format to be proposed by the Commission, Member States shall set up a mechanism for a voluntary soil health certification for land owners and managers pursuant to the conditions in paragraph 2 of this Article.
Amendment 390 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
The Commission mayshall adopt implementing acts to harmonise the format of soil health certification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 394 #
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 relevant land owners and land managers uponand make available, free of charge, to the citizens of their requeslevant soil district, in particular to support the development of the advice referred to in Article 10(3).
Amendment 410 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point a
Article 10 – paragraph 1 – subparagraph 1 – point a
(a) defining and enforcing sustainable soil management practices fully respecting the sustainable soil management principles listed in Annex III to be gradually, as well as the principles set out in GAECs 1, 2, 5, 6 and 7 as set out in Regulation (EU) 2021/2115, to be implemented on all managed soils by 2030 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 soils in the Member States;
Amendment 423 #
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 affectingthat negatively theaffect soil health to, which shall be avoided by soil managers., finding ways to disincentivise and prevent these practices
Amendment 428 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 a (new)
Article 10 – paragraph 1 – subparagraph 1 a (new)
Member States shall list and detail the practices to be implemented and the practices to be avoided as well as the details of measures listed in paragraph 2 in a sustainable soil management implementation plan at latest 2 years after the entry into force of this directive, to be made publically available.
Amendment 441 #
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 of the practices referred to in the first subparagraph is open, inclusive and effective and that the public concerned, in particular landowners and managcluding landowners, managers, non-governmental organisations and researchers, are involved and are given early and effective opportunities to participate in their elaboration.
Amendment 461 #
Proposal for a directive
Article 11 – title
Article 11 – title
Land take mitigation principles and targets
Amendment 462 #
Proposal for a directive
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1. Member States shall aim to continuously reduce land take with a view to achieving the objective of zero net land take by 2050 at the latest, and reduce by half the consumption of natural space, agricultural land and forests between 2025 and 2035 as compared to the period 2015-2025, while respecting land already designated national and Union protected status.
Amendment 473 #
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 technicalcontinuously and economsignificalntly possiblreduce the loss of the capacity of the soil to provide multiple ecosystem services, including food production, by:
Amendment 483 #
Proposal for a directive
Article 11 – paragraph 1 – point a – point iii
Article 11 – paragraph 1 – point a – point iii
(iii) performing the land takewhere land take is unavoidable, it must be performed in a way that strictly minimizses the negative impacts on soil, soil fertility, soil biodiversity, water permeability, water filtration and water retention;
Amendment 486 #
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) establishing a hierarchy where the use of abandoned, brownfield and former industrial sites are prioritised over unsealed and agricultural land; and de- sealing abandoned, brownfield and former industrial sites (once decontaminated) if re-use is deemed impossible.
Amendment 490 #
Proposal for a directive
Article 11 – paragraph 1 – point a – point iii b (new)
Article 11 – paragraph 1 – point a – point iii b (new)
(iiib) minimising constructions in Natura 2000 sites, while avoiding largescale developments and land conversion, in line with the birds and habitats directives;
Amendment 495 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) compensate as much as possible the loss of soil capacity to provide multiple ecosystem services with land that provides equal or enhanced ecosystem services compared to the soil that was subject to land take, as well as through de-sealing soil surfaces and restoring the soil ecosystems.
Amendment 505 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Member States shall establish a comprehensive mapping of abandoned, brownfield and industrial sites.
Amendment 507 #
Proposal for a directive
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
Member States shall register the purpose and activities pursued in cases of land take.
Amendment 508 #
Proposal for a directive
Article 11 – paragraph 1 c (new)
Article 11 – paragraph 1 c (new)
No land take, especially no industrial zoning, shall take place on water protection areas such as those protected pursuant to Article 6(2) of the Water Framework Directive 2000/60/EC.
Amendment 509 #
Proposal for a directive
Article 11 – paragraph 1 d (new)
Article 11 – paragraph 1 d (new)
Member States shall ensure easy access to impartial and independent advice on avoiding and minimising land take, training activities and capacity building for all relevant actors including for competent authorities.
Amendment 512 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall manage and continuously reduce the risks for human and animal 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.
Amendment 516 #
Proposal for a directive
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. The public concerned shall be given early and effective opportunities:
Amendment 518 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. To this end, Member States shall ensure that the public is informed in a timely, adequate and effective manner, including by public notices and electronic media, of: (a) the risk assessment for each specific site, where available; (b) any relevant environmental information held by the competent authority (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 environmental decision- making process. A time limit of at least eight weeks shall be set for receiving comments. Where meetings or hearings are organised, prior notice of at least four weeks shall be given.
Amendment 520 #
Proposal for a directive
Article 12 – paragraph 4 b (new)
Article 12 – paragraph 4 b (new)
4b. In taking a decision pursuant to Articles 12 to 15, Member States shall take due account of the outcome of the public participation. Member States and competent authorities shall promptly inform the public of the decision and of the reasons and considerations upon which the decision is based, including an explanation of how the outcome of the public participation was taken into account.
Amendment 522 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall systematically and actively identify all sites where a soil contamination is suspected based on evidence collected through all available means (‘potentially contaminated sites’), including citizens' input, and all available data and images.
Amendment 524 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Member States shall set up an archiving policy at each governance level paying special attention to the maintenance of a performant archive system that provides efficient access to research and innovation stakeholders, land users and owners to use soil quality information from these historical data;
Amendment 529 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that all potentially contaminated sites are identified by (OP: please insert date = 7 years after date of entry into force of the Directive) and are duly recorded in the register referred to in Article 16 by that date and that any sites of subsequent contamination are also investigated.
Amendment 536 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall also establish specific events including but not limited to land use change and building permits, that trigger an investigation before the deadline set in accordance with paragraph 2.
Amendment 538 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall define what constitutes an unacceptable risk for human and animal health and the environment resulting from contaminated sites by taking into account existing scientific knowledge, the precautionary principle, local specificities, and current and future land use.
Amendment 540 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. For each contaminated site identified pursuant to Article 14 or by any other means, the responsible competent authority shall carry out a site-specific assessment for the current and planned land uses to determine whether the contaminated site poses unacceptable risks for human and animal health or the environment.
Amendment 541 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. On the basis of the outcome of the assessment referred to in paragraph 3, the responsible competent authority shall takeensure that the appropriate measures are taken to bring the risks to an acceptable level for human health and the environment (‘risk reduction measures’).
Amendment 542 #
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, the competent authority shall take into consideration the costs, benefits, effectiveness, durability, and technical feasibility of available risk reduction measures. The entity or entities responsible for the contamination shall be identified and shall bear associated costs in a proportional manner and where possible, in line with the polluter pays principle.
Amendment 550 #
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Member States shall make public 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), free of charge.
Amendment 552 #
Proposal for a directive
Article 17 – title
Article 17 – title
Union and Member States' financing
Amendment 556 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
Given the priority inherently attached to the establishment of soil monitoring and sustainable management and regeneration of soils, the implementation of this Directive shall be supported by existing Union financial programmes in accordance with their applicable rules and conditions. Member States shall where feasible introduce a sanctioning system to dissuade the conversion of agricultural land, green fields and forests, whereby a levy or a penalty is applied where land-take occurs with soil sealing. On brownfield such a levy shall not be applied.
Amendment 563 #
Proposal for a directive
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
Member States shall ensure that sufficient resources are made available to achieve the objectives of this Directive.
Amendment 572 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c – point ii a (new)
Article 18 – paragraph 1 – subparagraph 1 – point c – point ii a (new)
(iia) the fulfilment of the targets for healthy soil established in accordance with article 9a (new);
Amendment 583 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall, without any restrictions and free of charge, 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).
Amendment 590 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 606 #
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, or public, or human or animal health, 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 615 #
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 that 75% of the soils of the European Union (EU) are healthy or improving by 2035 and that all soils will be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:
Amendment 627 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Commission shall present a report on the main findings of the evaluation referred to in paragraph 1 to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions , and where relevant, legislative proposals.
Amendment 630 #
Proposal for a directive
Article 24 a (new)
Article 24 a (new)
Article 24a European Healthy, Living Soils Forum The Commission shall set up a European Healthy, Living Soils Forum to provide input for guidance and facilitate the coordinated implementation of Union legislation and policies related to soil health monitoring and improving soil health, bringing together all stakeholders including competent authorities of the Member States at all relevant levels, the Commission, industry, civil society, and the scientific community at regular intervals. The European Healthy, Living Soils Forum shall exchange experience and good practices, including on sustainable soil management practices, regeneration practices, and soil management practices to be avoided, that can inform and enhance the soil district plans and their implementation and Member States’ approaches to improving soil health.
Amendment 634 #
Proposal for a directive
Annex I – Part A
Annex I – Part A
Amendment 640 #
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 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 naturallycontaminants with high priority in soil as concentration of heavy established at EU level by [2 metals that are included in years after entry into force of this Annex I of Council directive]; a selection of Directive 92/43/EEC1 shall organic and inorganic remain protected. contaminants - concentration ofestablished by a selection ofMember States, organicincluding (POP) contaminants establishregulated by Member StatesRegulation (EU) No 2019/1021 and taking into account existing concentration limits e.g. for water quality and air emissions in Union legislation Reduction of Soil water legislation. - Accumulation of contaminants shoulding 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 not occur - concentration of pesticide and biodcide resdiues (priority pesticides for cumulative assessment) - concentration of PFAS (Per- and polyfluoroalkyl substances) - concentration of microplastics soil)- concentration of threshold. The minimalpharmaceutical and veterinary products threshold shall be set (in- substances of emerging tonnes) by the Memb concern State at soil district andHabitats with naturally high river basin or subbasin concentration of heavy level at such a value thatmetals that are included in the impacts of floodings Annex I of Council following intense rainDirective 92/43/EEC1 shall events or of periods of remain protected. low soil moisture due to Use of |SAIO regulation drought events areata2 and Total Applied mitigated.Toxicity (TAT) indicator ______________________ 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). 2 Regulation (EU) 2022/2379 on Statistics on Agricultural Inputs and Outputs
Amendment 649 #
Proposal for a directive
Annex I – Part C
Annex I – Part C
Part C: soil descriptors without criteria Aspect of soil degradation Soil descriptor Excess nutrient content in soil Nitrogen in soil (mg g-1) Acidification Soil acidity (pH) Topsoil compaction Bulk density in topsoil (A-horizon4) (g cm-3) Loss of soil biodiversity Soil basal respiration (mm3 O2 g-1 hr-1) in dry soil Member States mayshall also select other optional soil descriptors for biodiversity such as: soil descriptors for biodiversity such as: - community-level physiological profiling (CLPP) to analyse the metabolic activity of microorganisms in a mixed microbial community. Shifts in microbial populations often indicate upcoming changes in the overall health of the environment; - metbarcoding (eDNA) to characterise biodiversity, establish diversity thresholds and monitor community changes; - microbial biodiversity through PLFA profiles; - metabarcoding of bacteria, fungi, protists and animals; - abundance and diversity of nematodes; - microbial biomass; - abundance and diversity of earthworms (in cropland); - invasive alien species and plant pests. Additional soil screening Generic chemical screening approaches to assess trends and requirements for diffuse possible risks, e.g. pollutants of emerging concern. pollution. Use of |SAIO regulation data4a, and Total Applied Toxicity (TAT) indicator ______________________ 4 As defined in the FAO Guidelines for Soil Description, Chapter 5 (https://www.fao.org/3/a0541e/a0541e.pdf ) 4a Regulation (EU) 2022/2379 on Statistics on Agricultural Inputs and Outputs
Amendment 651 #
Proposal for a directive
Annex I – Part D
Annex I – Part D
Part D: land take and soil sealing indicators Aspect of soil degradation Land take and soil sealing indicators Land take and soil sealing Total artificial land (km² and % of Member State surface) Land take, Reverse land take Net land take (average per year–- in km² km² and % of Member State surface) Soil sealing (total km² and % of Member State surface) Member States may Unsealed area (total km and % of Member State surface) Member States shall also measure other related optional indicators such as:including but not limited to: - land fragmentation - land recycling rate - land taken for commercial activities, logistic hubs, renewable energies, surfaces such as airports, roads, mines - consequences of land take such as quantification of loss of ecosystem services, change in floods intensity
Amendment 662 #
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 ensuring living roots all year round, especially during environmentally sensitive periods;areas
Amendment 665 #
Proposal for a directive
Annex III – paragraph 1 – point b
Annex III – paragraph 1 – point b
(b) minimise physical soil disturbance; prioritise least soil-disturbing tillage practices
Amendment 668 #
Proposal for a directive
Annex III – paragraph 1 – point c
Annex III – paragraph 1 – point c
(c) avoid inputs or release of substances into soil that may harm human or animal health or the environment, above-ground and soil-based biodiversity, or degrade soil health;
Amendment 671 #
Proposal for a directive
Annex III – paragraph 1 – point d
Annex III – paragraph 1 – point d
(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;, and do not lead to compaction
Amendment 674 #
Proposal for a directive
Annex III – paragraph 1 – point e
Annex III – paragraph 1 – point e
(e) (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; with view to achieving zero nutrient losses while prioritising living roots all year round .
Amendment 679 #
Proposal for a directive
Annex III – paragraph 1 – point f
Annex III – paragraph 1 – point f
(f) iminimise irrigation and prioritise water retention. 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; __________________ 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).
Amendment 680 #
Proposal for a directive
Annex III – paragraph 1 – point g
Annex III – paragraph 1 – point g
(g) ensure soil protection by the creation and maintenance of adequate landscape features at the landscape level;109 ensure soil protection by the creation and maintenance of adequate landscape features at the landscape level, including but not limited to buffer strips, field margins with native flowers, hedgerows, trees, copses, terrace walls, ponds, habitat corridors and stepping stones 109 __________________ 109 This principle does not apply to forest soils
Amendment 685 #
Proposal for a directive
Annex III – paragraph 1 – point i a (new)
Annex III – paragraph 1 – point i a (new)
(ia) avoid drainage and extraction of peat, rewet degraded peatland and develop sustainable paludiculture practices
Amendment 693 #
Proposal for a directive
Annex III – paragraph 1 – point k
Annex III – paragraph 1 – point k
(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; limiting the total stocking density to one that does not exceed 170 kg of organic nitrogen per year and per hectare of agricultural area
Amendment 695 #
Proposal for a directive
Annex III – paragraph 1 – point l a (new)
Annex III – paragraph 1 – point l a (new)
(la) In case of land use change, avoid losses in the capacity of soils to provide ecosystem services