32 Amendments of Nicola PROCACCINI related to 2023/0232(COD)
Amendment 74 #
Proposal for a directive
Recital 11
Recital 11
(11) Funding is vital to enable a transition to healthy soils. The Multiannual Financial Framework presents several funding opportunities available for the protection, sustainable management and regeneration of soils. A ‘Soil Deal for Europe’ is one of the five EU missions of the Horizon Europe programme and is specifically dedicated to promoting soil health. The Soil Mission is a key instrument for the implementation of this Directive. It aims to lead the transition to healthy soils through funding an ambitious research and innovation programme, establishing a network of 100 living labs and lighthouses in rural and urban areas, advancing the development of a harmonized soil monitoring framework and increasing the awareness of the importance of soil. Other Union programmes that present objectiveHowever, the implementation of this Directive mainly rests contributing to healthy soils are the funding available in the Common Agricultural Policy, the Cohesion Policy funds, the Programme for Environment and Climate Action, the Horizon Europe work programme, the Technical Support Instrument, the Recovwhich will potentially not be sufficient to encourage sustainable soil management practices especially for those areas that fall outside of productive agricultural zones, and thus should come from national funding as well, in order to ensure that landownerys and Resilience Facility and InvestEUland managers are not left insufficiently financially supported.
Amendment 196 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
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;
Amendment 213 #
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 servicesprovide ecosystem services, taking into consideration the land use and its purpose;
Amendment 218 #
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 thesoil ecosystem services provided by the soil without impairing the functions enabling those services, or being detrimental to other properties of the environment, contributing to social, environmental and economic objectives;
Amendment 224 #
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘soil district’ means the part of the territory of a Member State and in alignment with the political, administrative, and legal territorial governance structure already established within that Member State, as delimited by that Member State in accordance with this Directive;
Amendment 229 #
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘soil health assessment’ means the evaluation of the health of thebiological and productive status of soil based on the measurement or estimation of soil descriptors;
Amendment 238 #
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 land owners , land land ususers, land managers and land service providers, as well as non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law.
Amendment 242 #
Proposal for a directive
Article 3 – paragraph 1 – point 20
Article 3 – paragraph 1 – point 20
(20) ‘soil contamination’ means the presence of a chemical or substance in the soil in a concentration that may be harmfulcauses a risk to human health or an unacceptable risk to the environment;
Amendment 245 #
Proposal for a directive
Article 3 – paragraph 1 – point 21
Article 3 – paragraph 1 – point 21
(21) ‘contaminant’ means a substance liable to cause soil contamination depending on the concentration of the substance;
Amendment 247 #
Proposal for a directive
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘risk’ means the possibilitylikelihood of harmful effects to human health or the environment resulting from real-world exposure to soil contamination;
Amendment 249 #
Proposal for a directive
Article 3 – paragraph 1 – point 24
Article 3 – paragraph 1 – point 24
(24) ‘soil investigation’ means a process to assess the presence and concentration of contaminaphysical, chemical or biological elements in the soil which is usually performed in different stages;
Amendment 251 #
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 immobilizecontains contaminant concentrations in the soil.
Amendment 258 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
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 1059/2003be in alignment with the political, administrative, and legal territorial governance structure already established within the Member State, while also attempting as much as possible to match soil type, climatic conditions, environmental zones, and land zones. The number of soil districts shall be limited to avoid fragmentation.
Amendment 306 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
When monitoring and assessing soil health, Member States shall apply tha minimum of five soil descriptors and soil health criteria that best illustrate soil characteristics in each soil type on a national level listed in Annex I.
Amendment 337 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 353 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point a
Article 9 – paragraph 2 – subparagraph 1 – point a
(a) the values for all soil descriptorgradation aspects listed in part A of Annex I meet the criteria laid down therein and, where applicable, adapted in accordance with Article 7;
Amendment 357 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point b
Article 9 – paragraph 2 – subparagraph 1 – point b
(b) the values for all soil descriptorgradation aspects listed in part B of Annex I meet the criteria set in accordance with Article 7 (‘healthy soil’).
Amendment 359 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
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 considered degraded when 3 or less aspects of soil degradation listed in parts A and B of Annex I are identified by descriptors not meeting set criteria (“degraded soil”).
Amendment 364 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Soil is considered unhealthy where at least one of the criteria referred to in subparagraph 1 is notn 4 or more aspects of soil degradation listed in parts A and B of Annex I are identified by descriptors not meeting set criteria (‘unhealthy soil’). By way of derogation, artificial and heavily-modified soils, as defined within Article 3, shall be excluded from meet (‘unhealthy soil’).ing the conditions for healthy soils as referred to in paragraph 2 of this Article
Amendment 399 #
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 active productive agricultural, forestry, or industrial model, crop rotation, type, use and condition of soil:
Amendment 414 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point a
Article 10 – paragraph 1 – subparagraph 1 – point a
(a) defining national sustainable soil management practices respecting thetaking into account the voluntary sustainable soil management principles listed in Annex III to be gradualhat shall be voluntarily implemented on all 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;
Amendment 425 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point b
Article 10 – paragraph 1 – subparagraph 1 – point b
(b) defining national soil management practices and other practices affecting negatively the soil health to be avoided by soil managers.
Amendment 429 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
When defining the practices and measures referred to in this paragraph, Member States shall take into account thecosts, benefits, effectiveness, durability, programmes, plans, targets and measures listed in Annex IV as well as the latest practical existing scientific knowledge and local conditions including results coming out of the Horizon Europe Mission a Soil Deal for Europe.
Amendment 458 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 533 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Member States shall lay down the rules concerning the deadline, content, form and the prioritisation of the soil investigations and taking into account environmental, social and economic aspects. Those rules shall be established in accordance with the risk-based approach referred to in Article 12 and the list of potentially contaminating risk activities referred to in Article 13(2), second subparagraph.
Amendment 555 #
Proposal for a directive
Article 17 – paragraph 1 – point 1 (new)
Article 17 – paragraph 1 – point 1 (new)
(1) Within 12 months of the date of entry into force of this Regulation, the Commission shall, in consultation with Member States, submit a report to the European Parliament and the Council containing: (a) an overview of financial resources available at Union level for the purpose of implementing this Directive; (b) an assessment of the funding needs to implement Articles 6 to 16 and to achieve the objective set forth in Article 1; (c) an analysis to identify any funding gaps in the implementation of the obligations set out in the Directive, including for the financial compensation of potential losses by landowners and land managers directly due to the implementation of this Directive; (d) where appropriate, proposals for adequate additional measures, including financial measures to address the gaps identified for those areas outside of the Common Agricultural Policy.
Amendment 582 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall 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 an aggregated and anonymised form 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 585 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission shall ensure that soil health data made accessible through the digital soil health data portal referred to in Article 6 is available to the public in an aggregated and anonymised form in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council81 and Regulation (EC) No 1367/2006 of the European Parliament and of the Council82 . __________________ 81 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 82 Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).
Amendment 587 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Member States shall ensure that the information referred to in Article 18 of this Directive is available and accessible to the public in an aggregated and anonymised form in accordance with Directive 2003/4/EC, Directive 2007/2/EC and Directive (EU) 2019/1024 of the Parliament and of the Council83 . __________________ 83 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
Amendment 591 #
Proposal for a directive
Article 20
Article 20
Amendment 645 #
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 < “max“minimum value”; shall No exclusion content in soilnutrient phosphorus (mg The “maximum value” per kg) shall be laid down by be laid down by the content in soil per kg) the Member State within the range 30-50 mg kg-1 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 account existing concentration limits e.g. for water quality and air and 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).
Amendment 673 #
Proposal for a directive
Annex III – paragraph 1 – point e
Annex III – paragraph 1 – point e
(e) when fertilization is applied, ensure adaptationintegrated nutrient approach, supported by precision farming and adapted 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, in order to drive higher nutrient use efficiency and prioritize combined and optimized uptake of on- farm, adequate fertilizing and circular solutions that help to enrich the organic content and support quality yields;