Activities of Silvia MODIG 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 (67)
Amendment 126 #
Proposal for a directive
Title 1
Title 1
Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon Soil Monitoring and, Resilience (Soil Monitoringand Health (Soil Health Law)
Amendment 131 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) To ensure the implementation of this Directive, adequate investments for soil monitoring and restoration is essential. Therefore, the Commission should, by 12 months from its entry into force and in consultation with Member States, present a report with an analysis identifying any gaps in implementing this Directive. That report should be accompanied, where appropriate, by proposals for adequate measures, including financial measures to address the gaps identified, such as the establishment of dedicated funding and without prejudging the prerogatives of the co-legislators for the adoption of the next multiannual financial framework post 2027.
Amendment 134 #
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to set measures forvital to set appropriate measures for Union-wide harmonised monitoring and assessingment of soil health, managing soils sustainably and tackling contaminated sites to achieve healthy soils by 2050, to maintain them in healthy condition and meet the Union’s objectives on climate and biodiversity, to prevent and respond to droughts and natural disasters, to protect human health and to ensure food security and safety.
Amendment 136 #
Proposal for a directive
Recital 19
Recital 19
(19) Soils host more than 25% of all biodiversity and are the second largest carbon pool of the planet. Due to their ability to capture and store carbon, healthy soils contribute to the achievement of the Union’s objectives on climate change. Soil biodiversity encompasses microorganisms, including bacteria, fungi, protozoa and nematodes, as well as larger organisms such as earthworms, insects, and plant roots, which collectively contribute to the ecological and functional diversity of soil ecosystems. Healthy soils also provide a favourable habitat for organisms to thrive and are crucial for enhancing biodiversity and the stability of ecosystems. Biodiversity below and above ground are intimately connected and interact through mutualistic relationships (e.g. mycorrhizal fungi that connect plant roots).
Amendment 139 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19 a) Soil biodiversity is an essential component of overall biodiversity. It plays a fundamental role in maintaining ecosystem functions and services. Soil communities are vital in providing nutritious food and clean water, in regulating water and climate and in supporting carbon and nutrient cycling.
Amendment 140 #
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19 b) Soil organic matter is crucial for the provision of soil ecosystem services and functions, by reducing soil degradation, erosion and compaction, while increasing buffering, water holding and cation exchange capacity of the soil and soil organic carbon, which ultimately could increase crop yields. Additionally, soil organic matter positively affects soil biodiversity and could increase the carbon sequestered in soils, thereby contributing to climate change mitigation.
Amendment 179 #
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, climate change mitigation and adaptation, pollution prevention and control and food security. It is therefore appropriate to lay down sustainable soil management principles to guide soil management practices.
Amendment 188 #
Proposal for a directive
Recital 42
Recital 42
(42) To ensure synergies between the different measures adopted under other Union legislation that may have an impact on soil health, and the measures that are to be put in place to sustainably manage and regenerate soils in the Union, Member States should ensure that the sustainable soil management and regeneration practices are coherent with the national restoration plans adopted in accordance with Regulation (UE) …/… of the European Parliament and of the Council53 +; the national biodiversity strategies and action plans established in accordance with Article 6 of the United Nations Convention on Biological Diversity, the strategic plans to be drawn up by Member States under the Common Agricultural Policy in accordance with Regulation (EU) 2021/2115, the codes of good agricultural practices and the action programmes for designated vulnerable zones adopted in accordance with Council Directive 91/676/EEC54 , the conservation measures and prioritized action framework established for Natura 2000 sites in accordance with Council Directive 92/43/EEC55 , the measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC of the European Parliament and of the Council56 , the flood risk management measures established in accordance with Directive 2007/60/EC of the European Parliament and of the Council57 , the drought management plans promoted in the Union Strategy on Adaptation to Climate Change58 , the national action programmes established in accordance with Article 10 of the United Nations Convention to Combat Desertification, targets set out under Regulation (EU) 2018/841 of the European Parliament and of the Council59 and Regulation (EU) 2018/842 of the European Parliament and of the Council60 , the integrated national energy and climate plans established in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council61 , the national air pollution control programmes prepared under Directive (EU) 2016/2284 of the European Parliament and of the Council62 , risk assessments and disaster risk management planning established in accordance with Decision No 1313/2013/EU of the European Parliament and of the Council63 , and national action plans established in accordance with Regulation (UE) …/… of the European Parliament and of the Council64 +. Sustainable soil management and regeneration practices should be, as far as possible, integrated within these programmes, plans and measures to the extent that they contribute to the achievement of their objectives. Consequently, relevant indicators and data, such as soil-related result indicators under the CAP Regulation and statistical data on agricultural input and output reported under Regulation (EU) 2022/2379 of the European Parliament and of the Council65 , should be accessible to the competent authorities responsible for sustainable soil management and regeneration practices and soil health assessment in order to cross-link these data and indicators and thus enable the most accurate possible assessment of the effectiveness of the measures chosen. _________________ 53 OP : please insert please insert in the text the number of Regulation on nature restoration contained in document COM(2022) 304 and insert the number, date, title and OJ reference of that Regulation in the footnote Regulation (UE) …/… of the European Parliament and of the Council on nature restoration 54 Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1). 55 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). 56 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, pp. 1-73). 57 Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (OJ L 288, 6.11.2007, p. 27). 58 Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change COM(2021)82 final. 59 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1). 60 Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26). 61 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1). 62 Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1). 63 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924). 64 + OP: please insert in the text the number of the Regulation on the sustainable use of plant protection products and amending Regulation (EU) 2021/2115 contained in document COM(2022)305 and insert the number, date, title and OJ reference of that Directive in the footnote 65 Regulation (EU) 2022/2379 on statistics on agricultural input and output.
Amendment 201 #
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48 a) In order to ensure the protection of soils from pollution by emerging chemicals that have the potential to cause significant risks to human health and to contaminate surrounding air, surface waters, groundwater, and subsequently oceans, policy mechanisms to detect and assess such substances of emerging concern should be established. In that regard, an approach that allows monitoring and analysis of those substances or groups of substances via watch lists, as is already the case for surface water and groundwater, should be developed for soil contamination. The substances or groups of substances to be placed on the watch list should be selected from amongst those substances for which the information available indicates that they could pose a significant risk at Union level to, or via, the soil environment, and for which the monitoring data are insufficient. The number of such substances or groups of substances to be monitored and analysed under the watch lists should not be limited.
Amendment 203 #
Proposal for a directive
Recital 48 b (new)
Recital 48 b (new)
(48 b) Substances such as persistent organic pollutants, materials and particles, including microplastics or nanoplastics, pose a clear risk to soil health, but also to basic activities such as the development of agriculture. Their presence in soils can have implications for soil fertility, thereby compromising the health and healthy development of crops. It is therefore essential that this Directive provides for a framework for both substances and materials to be included in the monitoring of soil contaminants, and for the establishment of environmental quality standards and set of measures to prevent and remediate soil contamination from known and emerging threats.
Amendment 205 #
Proposal for a directive
Recital 49
Recital 49
(49) Article 19(1) of the Treaty on European Union (TEU) requires Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by Union law. In addition, in accordance with the Convention on access to information, public participation in decision-making and access to justice in environmental matters68 (Aarhus Convention), members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well- being. _________________ 68 Convention on access to information, public participation in decision‐making and access to justice in environmental matters – Declaration, (OJ L 124, 17.5.2005).
Amendment 212 #
Proposal for a directive
Recital 53
Recital 53
(53) The Commission should carry out an evidence-based evaluation and, where relevant, a revision of this Directive, 6 years after its entry into force on the basis of the results of the soil health assessment. The evaluation should assess in particular the need to set more specific requirements and intermediate targets for 2035, 2040 and 2045 to make sure unhealthy soils are regenerated and the objective to achieve healthy soils by 2050 is achievedmet. The evaluation should also assess the need to adapt the definition of healthy soils to scientific and technical progress by adding provisions on certain descriptors or criteria based on new scientific evidence relating to the protection of soils or on the grounds of a problem specific to a Member State arising from new environmental or climatic circumstances. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures.
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. This Directive establishes a framework within which Member States shall continuously improve soil health and maintain soils already in a healthy condition in order to ensure that all soils in the Union are in a healthy condition by 2050 at the latest.
Amendment 234 #
Proposal for a directive
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(c a) restoration of soils
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Directive lays down rules to contribute to: (a) Kunming-Montreal Global Biodiveristy Framework (GBF) (b) the 2030 Agenda for Sustainable Development and its Sustainable Development Goals (SDGs), particularly goal 15.3 (c) UN Convention to combat Desertification (UNCCD) (d) achieving the Union’s overarching objectives concerning climate change mitigation, climate change adaptation and land degradation neutrality; (e) the Union's international commitments
Amendment 237 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Targets 1. In order to reach the healthy soils objective set out in paragraph 1 of this Article, this Directive sets a binding target of 100% healthy soils across the Union by 2050. 2. This Directive also sets the following intermediate soil health targets: (a) a binding target of achieving 60 % healthy soils across the Union by 2035; (b) a binding target of achieving 85 % healthy soils across the Union by 2040; (c) a binding target of achieving 90 % healthy soils across the Union by 2045. 3. The Union and its Member States shall take the necessary measures at Union, national and regional level, respectively, to enable the collective achievement of the healthy soils objective set out in paragraph 1 and the soil health targets set out in paragraph 2 of this Article.
Amendment 246 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘ecosystem services’ means direct and indirect contributions of ecosystems to the economic,wellbeing of society as a whole, including to the social, cultural, economic and other benefits that people derive from those ecosystems;
Amendment 257 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4 a) soil functions’ means the roles performed by soil that support ecosystems, the biosphere, the water environment and human activities;
Amendment 259 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘sustainable soil management’ means soil and land management practices that maintain or enhance soil biodiversity and the ecosystem services provided by the soil without impairing the functions enabling those services, or being detrimental to other properties of the environment;
Amendment 278 #
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 citizens, land owners and land users, Indigenous Peoples, as well as non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law.
Amendment 292 #
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 in contact with that soil can be excluded.
Amendment 309 #
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. When establishing the geographic extent of soil districts, Member States may take into account existing administrative units and shall prioritiseek homogeneity within each soil district regarding the following parameters:
Amendment 326 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall by 9 months after the entry into force designate the competent authorities responsible at an appropriate level for carrying out the duties laid down in this Directive.
Amendment 381 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. Member States shall set soil health criteria for the soil descriptors on soil biodiversity after the first soil measurements are performed at the latest by … (OP: please insert the date = 4 years and 3 months after date of entry into force of the Directive).
Amendment 386 #
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex I in order to adapt its descriptors, indicators and criteria to scientific and technical progress, especially with regard to soil biodiversity and soil contaminants, to support the achievement of the overarching objective and targets of this Directive.
Amendment 407 #
Proposal for a directive
Article 8 – paragraph 6
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) to support the achievement of the overarching objective and targets of this Directive.
Amendment 409 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Member States shall assess the soil health in all their soil districts based on the data collected in the context of the monitoring referred to in Articles 6, 7 and 8 for each of the soil descriptors referred to in Parts A, and B and C of Annex I. For the first assessment of soil health in line with paragraph 1 of this article, Member States shall include at least one of the soil biodiversity descriptors outlined in part C of Annex I.
Amendment 476 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
The Commission mayshall adopt implementing acts to establish a harmonise thed format ofor soil health certification and common principles for its minimum quality standards and for the governance of such certification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 484 #
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Member States shall communicproactively communicate and disseminate soil health data and assessment referred to in Articles 6 to 9 to the relevant land owners and, land managers upon and otheir requestmembers of the public, in particular to support the development of the advice referred to in Article 10(3).
Amendment 488 #
Proposal for a directive
Chapter III – title
Chapter III – title
III Soil restoration and sustainable soil management
Amendment 492 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – introductory part
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 geographical and climatic differences, type, use and condition of soil:
Amendment 498 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point a
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, taking into consideration local conditions in the soil districts, 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 soilsoils that are not considered healthy in the soil districts in the Member States;
Amendment 512 #
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, review and revision of the practices referred to in the first subparagraphs is open, inclusive and effective and that the public concerned, in particular such as landowners and managers, academia, as well as nongovernmental organisations promoting the protection of human health, agroecological food systems or the environment, are involved and are given early and effective opportunities to participate in all stages of their elaboration, when all options are still open. Member States shall publish the draft list of the soil management practices and measures and make it available to the public electronically and by public notices, as well as by other appropriate means.
Amendment 518 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. By 2030, Member States shall put in place restoration measures for all soils in bad condition in their territory. By 2050 Member States shall ensure that all soils in their territory are in healthy condition. Member States shall ensure that after 2050 there is no significant deterioration of soil health for the soils in their territory.
Amendment 521 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Soil management practices established as EU standards for good agricultural and environmental condition of land (GAEC) as referred to in Regulation (EU) 2021/2115 shall be obligatory for all land and soil users within the Member States. The GAEC standards shall constitute a baseline for the definition of sustainable soil management practices by each Member State in accordance with paragraph 1 of this Article. Soil management practices established as EU standards for good agricultural and environmental condition of land (GAEC) as referred to in Regulation (EU) 2021/2115 shall be obligatory for all land and soil users within the Member States. The GAEC standards shall constitute a baseline for the definition of sustainable soil management practices by each Member State in accordance with paragraph 1 of this Article.
Amendment 522 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall regularlyat least every three years assess the effectiveness of the practices and measures taken in accordance with this Article and, where relevant, review and revise those practices and measures, taking into account the soil health monitoring and assessment referred to in Articles 6 to 9. The assessment shall be published and made available to the public on the internet pursuant to Article 19.
Amendment 531 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article10a Strategy for Restoration and Sustainable Use of Soils By 2 years after the entry into force of the Directive, Member States shall submit a national Strategy for Restoration and Sustainable Use of Soils. The strategy shall be composed of at least the following elements: - actions the Member State is taking and intends to take by 2030 to promote the sustainable use of soils under each land use category, and an assessment of existing actions so far - an assessment of how their nationalCAP strategic plan contributes to soil restoration and sustainable use of soils under agricultural use - for concerned Member States, a dedicated section on peatlands, listing the measures the Member State is taking and intends to take to ensure their restoration, how the Member State is promoting rewetting of drained peatlands, and how the Member State will incentivse the voluntary uptake of rewetting of drained organic soils.
Amendment 537 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
Member States shall reduce land take in order to achieve the target of zero net land take by 2050. To reach this target, Member States shall ensure that the following principles are respected in case of land take:
Amendment 544 #
Proposal for a directive
Article 11 – paragraph 1 – point a – point i
Article 11 – paragraph 1 – point a – point i
(i) reducing the area affected by the land take to the extent possible and
Amendment 557 #
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 through de-sealing soil surfaces and restoring the soil ecosystems.
Amendment 576 #
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 579 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4 a. To this end, Member States shall ensure that the public referred to in paragraph 4 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;and (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 582 #
Proposal for a directive
Article 12 – paragraph 4 b (new)
Article 12 – paragraph 4 b (new)
4 b. In taking a decision pursuant to Articles 12-15, Member States shall take due account of the outcome of the public participation. Member States 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 623 #
Member States shall make publicensure that the register and information referred to in paragraphs 1 and 2 are progressively made available to the public, in the form of an online, free-of charge and user-friendly platform. 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. Reasons for refusal shall be substantiated and stated in writing or electronically. _________________ 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).
Amendment 626 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The Commission shall by ... [OP : please insert date 1 year from entry into force of the Directive] adopt implementing acts establishing the format of the register. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 627 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a Financial guarantee (1) The competent authority shall, prior to the commencement of any operations that could lead to soil contamination, require a financial guarantee or equivalent so that there are funds readily available at any given time for the rehabilitation of the soil affected by the activity. (2) The calculation of the guarantee referred to in paragraph 1 shall be made on the basis of: (a) the likely environmental impact of the activity; (b) the assumption that independent and suitably qualified third parties will assess and perform any remediation work needed. (3) The size of the guarantee shall be periodically adjusted in accordance with any remediation work needed to be carried out on the land affected by the activity.
Amendment 631 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
When implementing the obligations set out in this Directive, Member States shall make use of local, regional and national funds, and available Union funds, to finance monitoring and restoration actions.
Amendment 633 #
Proposal for a directive
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
The Commission shall monitor the capacity of the Member States to absorb Union funds related to soil. The Commission shall provide training and technical support to increase the absorption capacity of the Member States.
Amendment 634 #
Proposal for a directive
Article 17 – paragraph 1 c (new)
Article 17 – paragraph 1 c (new)
Amendment 651 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make publicpublish and make available and easily accessible to the public via the internet or any other appropriate means the data generated by the monitoring carried out under Article 8 and, the assessments carried out under Article 9 and Article 10(3) 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 655 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 685 #
Proposal for a directive
Article 23 – paragraph 3 – point a
Article 23 – paragraph 3 – point a
(a) the nature, gravity, and extentduration of the violation;
Amendment 687 #
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 of human health and the environment and the ‘polluter pays’ principle.
Amendment 689 #
Proposal for a directive
Article 23 – paragraph 3 – point c a (new)
Article 23 – paragraph 3 – point c a (new)
(c a) the financial strength of the natural or legal person held responsible by the total turnover of the legal person held responsible or the annual income of the natural person held responsible;
Amendment 691 #
Proposal for a directive
Article 23 – paragraph 3 – point c b (new)
Article 23 – paragraph 3 – point c b (new)
Amendment 692 #
Proposal for a directive
Article 23 – paragraph 3 – point c c (new)
Article 23 – paragraph 3 – point c c (new)
(c c) the environmental damage caused by the infringement, insofar as it can be determined;
Amendment 693 #
Proposal for a directive
Article 23 – paragraph 3 – point c d (new)
Article 23 – paragraph 3 – point c d (new)
(c d) previous infringements by the natural or legal person held responsible;
Amendment 694 #
Proposal for a directive
Article 23 – paragraph 3 – point c e (new)
Article 23 – paragraph 3 – point c e (new)
Amendment 695 #
Proposal for a directive
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3 a. The Member States shall at least be able to impose the following penalties in case of infringements of this Directive: (a) fines; (b) confiscation of revenues gained by the natural or legal person from a transaction related to the infringement; (c) suspension or revocation of the authorisation to carry out related activities; (d) exclusion from public procurement procedures.
Amendment 696 #
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Levy Member States shall ensure that sufficient resources are provided to carry out the monitoring of residues of pesticides and their metabolites in accordance with Article 7 (3) of this Directive as well as the restoration of the concerned soils. Member States may recover the costs related to these obligations by means of a levy on plant protection products.
Amendment 699 #
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) and every 5 years thereafter, 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:
Amendment 705 #
Proposal for a directive
Article 24 – paragraph 1 – point d
Article 24 – paragraph 1 – point d
(d) an analysis of the gap towards achieving healthy soils by 2050the binding target of healthy soils by 2050 and the intermediate targets and, where applicable, the reasons for any non-achievement;
Amendment 707 #
Proposal for a directive
Article 24 – paragraph 1 – point d a (new)
Article 24 – paragraph 1 – point d a (new)
(d a) identification of further measures required at Union and Member State level to achieve the Directive’s objective and soil health targets;
Amendment 716 #
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. The Commission shall relocate the descriptors for the aspect of soil degradation ‘loss of soil biodiversity’ in Annex I from part C to part B.
Amendment 748 #
Proposal for a directive
Annex IV – point 8 a (new)
Annex IV – point 8 a (new)
(8 a) The national biodiversity strategies and action plans established in accordance with Article 6 of the United Nations Convention on Biological Diversity.
Amendment 759 #
Proposal for a directive
Annex I – Part B
Annex I – Part B
Amendment 770 #
Proposal for a directive
Annex I – Part C – Row 5
Annex I – Part C – Row 5