BETA

Activities of Bert-Jan RUISSEN 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)
2024/02/15
Committee: AGRI
Dossiers: 2023/0232(COD)
Documents: PDF(385 KB) DOC(218 KB)
Authors: [{'name': 'Maria NOICHL', 'mepid': 124836}]

Amendments (16)

Amendment 48 #
Proposal for a directive
The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to propose the rejection of the Directive on Soil Monitoring and Resilience (Soil Monitoring Law).
2023/12/06
Committee: AGRI
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 1
1. The objective of the Directive is to put in place a solid and coherentn overarching, and coherent, and flexible 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 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.monitor soil functionality in the Union
2023/12/06
Committee: AGRI
Amendment 197 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
(1) ‘soil’ means the top layer ofrooting zone of plants in the Earth’s crust situated between the bedrock and the land surface, which is composed of mineral particles, organic matter, water, air and living organisms;
2023/12/06
Committee: AGRI
Amendment 212 #
Proposal for a directive
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 and its ability to produce;
2023/12/06
Committee: AGRI
Amendment 252 #
Proposal for a directive
Article 4
Article 4 Soil districts 1. Member States shall establish soil districts throughout their territory. 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. 2. When establishing the geographic extent of soil districts, Member States may take into account existing administrative units and shall seek homogeneity within each soil district regarding the following parameters: (a) soil type as defined in the World Reference Base for Soil Resources75 ; (b) climatic conditions; (c) environmental zone as described in Alterra Report 228176 ; (d) land use or land cover as used in the Land Use/Cover Area frame statistical Survey (LUCAS) programme. __________________ 75 https://www.fao.org/soils-portal/data- hub/soil-classification/world-reference- base/en/ 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
2023/12/06
Committee: AGRI
Amendment 254 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Member States shallmay establish soil districts throughout their territory, in alignment with relevant governance structures already established within the Member State.
2023/12/06
Committee: AGRI
Amendment 347 #
Proposal for a directive
Article 9 – paragraph 2
2. A soil is considered healthy in accordance with this Directive where the following cumulative conditions are fulfilled: (a) the values for all soil descriptors listed in part A of Annex I meet the criteria laid down therein and, where applicable, adapted in accordance with Article 7; (b) the values for all soil descriptors listed in part B of Annex I meet the criteria set in accordance with Article 7 (‘healthy soil’). By way of derogation from the first subparagraph the assessment of soils within a land area listed in the fourth column of Annex I, shall not take into account the values set out in the third column for that land area. Soil is unhealthy where at least one of the criteria referred to in subparagraph 1 is not met (‘unhealthy soil’).deleted
2023/12/06
Committee: AGRI
Amendment 397 #
Proposal for a directive
Article 10
[...]deleted
2023/12/06
Committee: AGRI
Amendment 400 #
Proposal for a directive
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 active productive agricultural, forestry, or industrial model, type, use and condition of soil:
2023/12/06
Committee: AGRI
Amendment 413 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point a
(a) (a) defining sustainable soil management practices respecting the sustainable soil management principles such as listed in Annex III to be gradually and voluntarily implemented on allEU 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 implemented on the unhealthy soils in the Member States which shall be actively supported through Union and national funding;
2023/12/06
Committee: AGRI
Amendment 602 #
Proposal for a directive
Article 22
Article 22 Access to justice Member States shall ensure that members of the public, in accordance with national law, that have a sufficient interest or that maintain the impairment of a right, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the assessment of soil health, the measures taken pursuant to this Directive and any failures to act of the competent authorities. 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. Review procedures referred to in paragraph 1 shall be fair, equitable, timely and free of charge or not prohibitively expensive, and shall provide adequate and effective remedies, including injunctive relief where necessary. Member States shall ensure that practical information is made available to the public on access to the administrative and judicial review procedures referred to in this Article.deleted
2023/12/06
Committee: AGRI
Amendment 608 #
Proposal for a directive
Article 23
Article 23 Penalties 1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council, Member States shall lay down the rules on penalties applicable to violations by natural and legal persons, of the national provisions adopted pursuant to this Directive and shall ensure that those rules are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 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). 3. Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable: (a) the nature, gravity, and extent of the violation; (b) the intentional or negligent character of the violation; (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 of human health and the environment. 4. Member States shall without undue delay notify the Commission of the rules and measures referred to in paragraph 1 and of any subsequent amendments affecting them.deleted
2023/12/06
Committee: AGRI
Amendment 638 #
Proposal for a directive
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 equivalent criterion if measurement method, or using another measurementequivalent criterion if method Soil erosion using another Soil erosion ≤ 2 t ha-1 y-1 Badlands and other unmanaged rate (tonnes measurement method Soil erosion Soil erosion ≤ 2 t ha-1 y-1 natural Badlands areas, except ifnd other per hectare rate (tonnes per they represent a significantunmanaged natural land per year) hectare per disaster risk Loss of soilareas, except if they Soil Organic - For organic soils: respect No exclusion organic year) Carbon targets represent for such soils carbona significant (SOC) at national level in concentration accordance with Article (g per kg) 4.1, 4.2, 9.4 of Regulation (EU) …/…+ disaster risk Loss of soil Soil Organic - For organic soils: No exclusion organic carbon Carbon (SOC) respect targets set for - For mineral soils: concentration Non-managedsuch soils inat naturional SOC/Clay ratio > 1/13;(g per kg) land areasevel in accordance Member States may apply a with Article 4.1, 4.2, corrective factor where 9.4 of Regulation specific soil types or climatic (EU) …/…+ conditions justify it, taking into account the actual SOC deleted content in permanentdeleted grasslands. deleted Subsoil Bulk density in Soil texture2 range Non-managed soils in natural compaction in subsoil (upper sand, loamy <1.80 natural land areas (upper part of B or E sand, sandy B or E horizon1); 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 <1.47 In case a Member State replaces the soil descriptor descriptor “bulk density in subsoil” with an an equivalent parameter, 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 1 As defined in the FAO Guidelines for Soil Description, Chapter 5 (https://www.fao.org/3/a0541e/a0541e.pdf ) 2 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.
2023/12/06
Committee: AGRI
Amendment 647 #
Proposal for a directive
Annex I – Part B
Part B: soil descriptors with criteria for healthy soil condition established at Member States level Excess nutrient Extractable < “maximum value”;deleted No exclusion content in soilnutrient phosphorus (mg The “maximum value” per kg) shall be laid down by the Member State within the range 30-50 mg kg-1 content in soil per kg) Soil - concentration of Reasonable assurance, No exclusion contamination of heavy heavy metals in obtained from soil point n metals in soil:soil: As, Sb, Cd, sampling, identification As, Sb, Cd, Co, Cr (total), Cr and investigation of (VI), Cou, Cr (total),Hg, Pb, contaminated sites and Cr (VI), Cu, Ni, Tl, V, Zn (µg any other relevant per kg) Hg, Pb, Ni, Tl, information, that no V, Zn (µg per unacceptable risk for kg) human health and the environment from soil contamination exists. - concentration of Habitats with naturally of a selection of high concentration of of organic heavy metals that are contaminants included in Annex I of established by Council Directive Member States 92/43/EEC3 shall and taking into remain protected. account existing existing concentration limits e.g. for water quality and and air emissions in Union air emissions in Union legislation Reduction of soil Soil water holding The estimated value for No exclusion soil capacity to retain holding capacity of the the total water holding waterto retain soil sample (% ofof the soil capacity of a soil district water volume of water /sample (% of by river basin or volume of water subbasin is above the saturated soil)/ volume of minimal threshold. saturated soil) 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. ______________________ 3 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).
2023/12/06
Committee: AGRI
Amendment 687 #
Proposal for a directive
Annex III – paragraph 1 – point j
(j) In the case ofFavour crop cultivation, ensure crop rotation and crop diversity, taking into consideration different crop families, root systems, water and nutrient needs, and integrated pest management, while ensuring that it is adapted to local climate and conditions;
2023/12/06
Committee: AGRI
Amendment 691 #
Proposal for a directive
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;deleted
2023/12/06
Committee: AGRI