126 Amendments of Emma WIESNER related to 2023/0232(COD)
Amendment 103 #
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to aim 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 2050 objective and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards 2050.
Amendment 103 #
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to aim 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 2050 objective and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards 2050.
Amendment 115 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to have a common definition of healthy soil condition, there is a need to define a minimum common set of measurable criteria, which, if not respected leads to a critical loss in the soil’s capacity to function as a vital living system and to provide ecosystem services, including agriculture, food production and sustainable soil monitoring. Such criteria should reflect and be based on the existing level of soil science and duly taking into account the socio economic effects.
Amendment 115 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to have a common definition of healthy soil condition, there is a need to define a minimum common set of measurable criteria, which, if not respected leads to a critical loss in the soil’s capacity to function as a vital living system and to provide ecosystem services, including agriculture, food production and sustainable soil monitoring. Such criteria should reflect and be based on the existing level of soil science and duly taking into account the socio economic effects.
Amendment 141 #
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 an indicative list of sustainable soil management principles to guide soil management practices.
Amendment 141 #
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 an indicative list of sustainable soil management principles to guide soil management practices.
Amendment 144 #
Proposal for a directive
Recital 38
Recital 38
(38) Economic instruments, including those under the Common Agricultural Policy (CAP) that provide support to farmers, have a crucial role in the transition to the sustainable management of agricultural soils and, to a lesser extent, forest soils. The CAP aims to support soil health through the implementation of conditionality, eco-schemes and rural development measures. Financial support for farmers and foresters who apply sustainable soil management practices can also be generated by the private sector. Voluntary sustainability labels in the food, wood, bio-based, and energy industry, for example, established by private stakeholders, can take into account the sustainable soil management principles set out in this Directive. This can enable food, wood, and other biomass producers that follow those principles in their production to reflect these in the value of their products. Additional funding for a network of real- life sites for testing, demonstrating and upscaling of solutions, including on carbon farming, will be provided through the Soil Mission’s living labs and lighthouses. Without prejudice to the polluter pays principle, support and advice should be provided by Member States to help landowners and land users affected by action taken under this Directive taking into account, in particular, the needs and limited capacities of small and medium sized enterprises.
Amendment 144 #
Proposal for a directive
Recital 38
Recital 38
(38) Economic instruments, including those under the Common Agricultural Policy (CAP) that provide support to farmers, have a crucial role in the transition to the sustainable management of agricultural soils and, to a lesser extent, forest soils. The CAP aims to support soil health through the implementation of conditionality, eco-schemes and rural development measures. Financial support for farmers and foresters who apply sustainable soil management practices can also be generated by the private sector. Voluntary sustainability labels in the food, wood, bio-based, and energy industry, for example, established by private stakeholders, can take into account the sustainable soil management principles set out in this Directive. This can enable food, wood, and other biomass producers that follow those principles in their production to reflect these in the value of their products. Additional funding for a network of real- life sites for testing, demonstrating and upscaling of solutions, including on carbon farming, will be provided through the Soil Mission’s living labs and lighthouses. Without prejudice to the polluter pays principle, support and advice should be provided by Member States to help landowners and land users affected by action taken under this Directive taking into account, in particular, the needs and limited capacities of small and medium sized enterprises.
Amendment 147 #
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to aim 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 measuresfor Member States to put forward recommendations on how to manage soils sustainably and to 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 2050 objective and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards 2050.
Amendment 152 #
Proposal for a directive
Recital 24
Recital 24
(24) Addressing the pressures on soils and identifying the appropriate measures to maintain or regenerate soil health requires that the variety of soil types, the specific local and climatic conditions and the land use or the land cover is taken into account. It is therefore appropriate that Member States consider to establish soil districts. Soil districts should constitute the basic governance units to manage soils and to take measures to comply with the requirements laid down in this Directive, in particular with regard to the monitoring and assessment of soil health. The number, geographic extent and boundaries of soil districts for each Member State should be determined in order to facilitate the implementation of Regulation (UE) …/…. of the European Parliament and of the Council48 . There should be a minimum number of soil districts in each Member State taking into account the size of the Member State. This minimum number of soil districts for each Member State shall correspond to the number of NUTS 1 territorial units established in Regulation (EC) No 1059/2003 of the European Parliament and of the Council49 . _________________ 48 +OP please insert in the text the number of the Regulation on the carbon removal certification contained in document COM(2022) 672 final and insert the number, date, title and OJ reference of that Directive in the footnote. 49 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
Amendment 156 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to have a common definition of healthy soil condition, there is a need to define a minimum common set of measurable criteria, which, if not respected leads to a critical loss in the soil’s capacity to function as a vital living system and to provide ecosystem services. Such criteria should reflect and be based on the existing soil monitoring systems and level of soil science.
Amendment 157 #
Proposal for a directive
Recital 27
Recital 27
(27) In order to describe soil degradation it is necessary to establish soil descriptors that can be measured or estimated. Even if there is significant variability between soil types, climatic conditions and land uses, the current scientific knowledge allows to set criteria at Union level for some of those soil descriptors. However, Member States should be able to adapt the criteria for some of these soil descriptors based on specific national or local conditions and define the criteria for other soil descriptors for which common criteria at EU level cannot be established at this stage. For those descriptors for which clear criteria that would distinguish between healthy and unhealthy condition cannot be identified now, only monitoring and assessment are required. This will facilitate the development of such criteria in future.
Amendment 161 #
Proposal for a directive
Recital 28
Recital 28
(28) In order to create incentives, Member States should set up mechanisms to recognize the efforts of landowners and land managers to maintain the soil in healthy condition, including in the form of soil health certification coto help with the implementary totion of the Union regulatory framework for carbon removals, and supporting the implementation of the renewable energy sustainability criteria set out in article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council50 . The Commission should facilitate soil health certification by inter alia exchanging information and promoting best practices, raising awareness and assessing feasibility of developing recognition of certification schemes at Union level. Synergies between different certification schemes should be exploited as much as possible to reduce administrative burden for those applying for relevant certifications. _________________ 50 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast) (OJ L 328, 21.12.2018, p. 82).
Amendment 162 #
Proposal for a directive
Recital 48
Recital 48
(48) Transparency is an essential component of soil policy and ensures public accountability and awareness, fair market conditions and the monitoring of progress. Therefore, Member States should set up and maintain a national register of contaminated sites and potentially contaminated sites which contains site- specific information that should be made publicly accessible in an online georeferenced spatial database, without disclosing the identity of the owner of the site. The register should contain the information that is necessary for the public to be informed on the existence and on the management of potentially contaminated sites and contaminated sites. Because the presence of soil contamination is not yet confirmed but only suspected on potentially contaminated sites, the difference between contaminated sites and potentially contaminated sites has to be communicated and explained well to the public to avoid raising unnecessary concern.
Amendment 162 #
Proposal for a directive
Recital 48
Recital 48
(48) Transparency is an essential component of soil policy and ensures public accountability and awareness, fair market conditions and the monitoring of progress. Therefore, Member States should set up and maintain a national register of contaminated sites and potentially contaminated sites which contains site- specific information that should be made publicly accessible in an online georeferenced spatial database, without disclosing the identity of the owner of the site. The register should contain the information that is necessary for the public to be informed on the existence and on the management of potentially contaminated sites and contaminated sites. Because the presence of soil contamination is not yet confirmed but only suspected on potentially contaminated sites, the difference between contaminated sites and potentially contaminated sites has to be communicated and explained well to the public to avoid raising unnecessary concern.
Amendment 165 #
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. It is also appropriate to lay down certain principles to mitigate the impacts of land take as part of sustainable soil management.
Amendment 166 #
Proposal for a directive
Recital 51
Recital 51
Amendment 166 #
Proposal for a directive
Recital 51
Recital 51
Amendment 169 #
Proposal for a directive
Recital 32
Recital 32
(32) TAs a complement to already existing national inventories, the Commission shouldmay assist and support Member States’ monitoring of soil health by continuing to carry out and enhancing regular in-situ soil sampling and related soil measurements (LUCAS soil) as part of the Land Use/Cover Area frame statistical Survey (LUCAS) Programme. For that purpose, the LUCAS Programme shall be enhanced and upgraded to fully align it with the specific quality requirements to be met for the purpose of this Directive. In order to alleviate the burden, Member States should be allowed to take into account the soil health data surveyed under the enhanced LUCAS soil. The Member States thus supported should take the necessary legal arrangements to ensure that the Commission can carry out such in-situ soil sampling, including on privately owned fields, and in compliance with applicable national or Union legislation.
Amendment 170 #
Proposal for a directive
Recital 33
Recital 33
(33) The Commission is developing remote sensing services in the context of Copernicus as a user-driven programme, hereby also supporting Member States. In order to increase the timeliness and effectiveness of soil health monitoring, and where relevant, Member States shouldmay use remote sensing data including outputs from the Copernicus services for monitoring relevant soil descriptors and for assessing soil health. The Commission and the European Environment Agency should support exploring and developing soil remote sensing products, to assist the Member States in monitoring the relevant soil descriptors.
Amendment 175 #
Proposal for a directive
Recital 54
Recital 54
(54) Coordinated measures by all Member States are necessaryaim to achieve the vision to have all soils healthy by 2050 and to secure the provision of ecosystem services by soils across the Union in the long-term. Individual actions of Member States have proven to be insufficient since the soil degradation is continuing and even deteriorating. Since the objectives of this Directive cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 175 #
Proposal for a directive
Recital 54
Recital 54
(54) Coordinated measures by all Member States are necessaryaim to achieve the vision to have all soils healthy by 2050 and to secure the provision of ecosystem services by soils across the Union in the long-term. Individual actions of Member States have proven to be insufficient since the soil degradation is continuing and even deteriorating. Since the objectives of this Directive cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 180 #
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 iscan therefore be appropriate to lay downfor Member States to recommend sustainable soil management principles in order to guide soil management practicers.
Amendment 186 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The objective of the Directive is to put in place a solid and coherent soil monitoring framework for all soils across the EU and to continuously improve soil health in the Union with the view to aim 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.
Amendment 186 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The objective of the Directive is to put in place a solid and coherent soil monitoring framework for all soils across the EU and to continuously improve soil health in the Union with the view to aim 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.
Amendment 187 #
Proposal for a directive
Recital 40
Recital 40
(40) In order to ensure that the best sustainable soil management practices are implerecommentded, Member States should be required to closely monitor the impact of soil management practices and adjust practices and recommendations as necessary, taking into account new knowledge from research and innovation. Valuable contributions are expected in this respect from the Horizon Europe Mission ‘A Soil Deal for Europe’ and in particular its living labs and activities to support soil monitoring, soil education and citizen engagement.
Amendment 195 #
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 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 206 #
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 taking into account its capacity to function as a vital living system and to provide ecosystem services and improve the vitality of the food production;
Amendment 206 #
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 taking into account its capacity to function as a vital living system and to provide ecosystem services and improve the vitality of the food production;
Amendment 210 #
Proposal for a directive
Recital 51
Recital 51
(51) In order to ensure the necessary adaptation of the rules on soil health monitoring, sustainable soil management and management of contaminated sites, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending this Directive to adapt to technical and scientific progress the methodologies for monitoring soil health, the list of sustainable soil management principles, the indicative list of risk reduction measures, the phases and requirements for the site-specific risk assessment and the content of the register of contaminated and potentially contaminated sites. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201672 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 72 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (OJ L 123, 12.5.2016, p. 1).
Amendment 211 #
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 to make sure unhealthy soils are regenerated and the objectivewhether the aim to achieve healthy soils by 2050 is achieved. 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 216 #
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 that contribute to the intended function of the soil;
Amendment 216 #
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 that contribute to the intended function of the soil;
Amendment 219 #
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 the ecosystem services provided by the soil without impairing the functions enabling those services, or being detrimental to other properties of the environmentof soil while duly taking into account the socio economic effects;
Amendment 219 #
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 the ecosystem services provided by the soil without impairing the functions enabling those services, or being detrimental to other properties of the environmentof soil while duly taking into account the socio economic effects;
Amendment 223 #
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, flexible and coherent soil monitoring framework for allrelevant soils across the EU and to continuously improve soil health in the Union with the viewaim 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.
Amendment 241 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to allrelevant soils in the territory of Member States.
Amendment 255 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shallmay establish soil districts throughout their territory.
Amendment 255 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shallmay establish soil districts throughout their territory.
Amendment 256 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 256 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 258 #
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 the productivity of the soil 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 282 #
(20) ‘soil contamination’ means the presence of a chemical or substance in the soil in a concentration that may bare harmful to human health or the environment;
Amendment 284 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall establish a monitoring framework that may be based on the soil districts established in accordance with Article 4(1), to ensure that regular and accurate monitoring of soil health is carried out in accordance with this Article and Annexes I and II.
Amendment 284 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall establish a monitoring framework that may be based on the soil districts established in accordance with Article 4(1), to ensure that regular and accurate monitoring of soil health is carried out in accordance with this Article and Annexes I and II.
Amendment 285 #
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 health or the environment resulting from real world exposure to soil contamination;
Amendment 290 #
Proposal for a directive
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) the relevant remote sensing data, proven scientifically and products referred to in paragraph 5 of this Article, if any;
Amendment 290 #
Proposal for a directive
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) the relevant remote sensing data, proven scientifically and products referred to in paragraph 5 of this Article, if any;
Amendment 291 #
Proposal for a directive
Article 6 – paragraph 3 – point e a (new)
Article 6 – paragraph 3 – point e a (new)
(ea) existing national monitoring frameworks should be prioritised;
Amendment 291 #
Proposal for a directive
Article 6 – paragraph 3 – point e a (new)
Article 6 – paragraph 3 – point e a (new)
(ea) existing national monitoring frameworks should be prioritised;
Amendment 294 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shallmay, subject to agreement from Member States concerned followed by negotiations to determine appropriate location, 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, it shall ensure that the Commission can carry out such in-situ soil sampling in the cooperation with the land owners and land managers.
Amendment 294 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shallmay, subject to agreement from Member States concerned followed by negotiations to determine appropriate location, 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, it shall ensure that the Commission can carry out such in-situ soil sampling in the cooperation with the land owners and land managers.
Amendment 297 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shallmay establish soil districts throughout their territory.
Amendment 300 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 308 #
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 mayshall take into account existing land use and administrative units and shall seek homogeneity within each soil district regarding the following parameters:
Amendment 308 #
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 the relevant soil descriptors and soil health criteria, based on their needs, listed in Annex I.
Amendment 311 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may adapt the soil descriptors and 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.local needs and further justified in line with Article 18:
Amendment 314 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall set soil health criteria for the soil descriptors listed in part B of Annex I in accordance with the provisions basetd out in the third column in part B of Annex I.local needs
Amendment 324 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall determine sampling points by applying the methodology set out in part A of Annex II and taking into account the existing monitoring systems.
Amendment 331 #
Member States shall, if needed, designate one competent authority for each soil district established in accordance with Article 4.
Amendment 334 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Member States shall ensure that the value of the land take and soil sealing indicators are updated at least every2 years.
Amendment 336 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall establish a monitoring framework, that may be based on the soil districts established in accordance with Article 4(1), to ensure that regular and accurate monitoring of soil health is carried out in accordance with this Article and Annexes I and II.
Amendment 340 #
Proposal for a directive
Article 6 – paragraph 3 – point a a (new)
Article 6 – paragraph 3 – point a a (new)
(a a) existing soil monitoring frameworks;
Amendment 341 #
Proposal for a directive
Article 6 – paragraph 3 – point a b (new)
Article 6 – paragraph 3 – point a b (new)
(a b) available data and assessments of soil health in Member States;
Amendment 342 #
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 districtson a national level, the soil health relating to the intended function of their soils. This assessment may be 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 of Annex I.
Amendment 343 #
Proposal for a directive
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) therustworthy and scientifically robust remote sensing data and products referred to in paragraph 5 of this Article, if any;
Amendment 346 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 350 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – introductory part
Article 9 – paragraph 2 – subparagraph 1 – introductory part
A soil is considered healthy in accordance with this Directive where the followingrelevant cumulative conditions are fulfilled, based on the local conditions and further justified in line with the Article 18:
Amendment 358 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shallmay, 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, it shall ensure that the Commission can carry out such in-situ soil sampling.
Amendment 362 #
Proposal for a directive
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. The Commission and the EEA shall, on the basis of existing data and within two years of the entry into force of this Directive, establish a digital soil health data portal that shall provide access in georeferenced spatial format to at leasto the available soil health data resulting from:
Amendment 363 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Amendment 370 #
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 the relevant soil descriptors and soil health criteria listed in Annex I, while taking into account national, local, climatic and soil type specificites.
Amendment 371 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may adapt the soil descriptors and the soil health criteria referred to in part A of Annex I, in accordance withbased on the specifications referred to in the second and third columns in part A of Annex I, taking into account national, local, climatic and soil type specificites.
Amendment 371 #
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Member States shall analyse the values for the soil descriptors listed in part C of Annex I and assess whether there is a critical loss of ecosystem services relating to the intended function of the soil, taking into account the relevant data and available scientific knowledge.
Amendment 372 #
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
Member States shall analyse the values of land take and soil sealing indicators listed in part D of Annex I and assess their impact on the loss of ecosystem services and on the objectives and targets establishrelating to the intended funder Regulation (EU) 2018/841ction of the soil.
Amendment 375 #
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 and inform the public in accordance with Article 19directly the land owners and land managers and the public when relevant.
Amendment 378 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. If relevant, Member States shall determine the organic contaminants for the soil descriptor related to soil contamination referred to in part B of Annex I.
Amendment 378 #
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 and inform the public in accordance with Article 19in relation to the intended function of the soil.
Amendment 379 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Amendment 380 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall set soil health criteria for the soil descriptors listed in part B of Annex I in accordance with the provisions set out in the third column in part B of Annex I, taking into account national, local, climatic and soil type specificites.
Amendment 385 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Amendment 390 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall, based on a risk-based assessment and existing monitoring systems, determine sampling points by applying the methodology set out in part A of Annex II.
Amendment 397 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Member States shall ensure that new soil measurements are performed at least every 5 yearin regular, risk-based, intervals.
Amendment 401 #
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 type,geographical and climatic difference, type, current and planned use and condition of soil:
Amendment 407 #
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 respectingbased upon the sustainable soil management principles listed in Annex III to be gradually 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 Staterecommended to soil managers;
Amendment 408 #
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).
Amendment 414 #
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 relevant soil descriptors referred to in Parts A and B of Annex I.
Amendment 417 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
Member States shall ensure that soil health assessments are performed at least every 5 yearson a regular, risk-based, interval and that the first soil health assessment is performed by … (OP: please insert the date = 5 years after date of entry into force of the Directive).
Amendment 422 #
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 affecting negativesignificantly the soil health negatively to be avoided by soil managers, taking account the difference on different soil types.
Amendment 426 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – introductory part
Article 9 – paragraph 2 – subparagraph 1 – introductory part
A soil is considered healthy in accordance with this Directive where the following cumulative conditions are fulfilled, or when there are harmless or acceptable deviation from the target values, taking national, local, climatic and soil specific conditions into account:
Amendment 434 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point a
Article 9 – paragraph 2 – subparagraph 1 – point a
(a) the values for allthe relevant soil descriptors listed in part A of Annex I meet the criteria laid down therein and, where applicable, adapted in accordance with Article 7;
Amendment 440 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point b
Article 9 – paragraph 2 – subparagraph 1 – point b
(b) the values for allthe relevant soil descriptors listed in part B of Annex I meet the criteria set in accordance with Article 7 (‘healthy soil’).
Amendment 442 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 4 a (new)
Article 10 – paragraph 1 – subparagraph 4 a (new)
Member State shall ensure that sustainable soil management practices are technically feasible and duly taking into account the socio economic effects.
Amendment 449 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Soil is unhealthy where at least one of the relevant criteria referred to in subparagraph 1 is not met (‘unhealthy soil’)to a significant degree and one other relevant criteria is not met (‘unhealthy soil’). If one relevant critera is not met to a significant degree, while all other criteria are met, the competent authority should assess if this can justify that the soil is deemd to be unhealty, taking into account national, local, climatic and soil specifities.
Amendment 460 #
Proposal for a directive
Article 11
Article 11
Amendment 466 #
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, if relevant in each soil district, the areas which present unhealthy soils and inform the public in accordance with Article 19.
Amendment 472 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 494 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
Amendment 497 #
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 respectingbased upon the sustainable soil management principles listed in Annex III, to be gradually 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 Staterecommended to soil managers;
Amendment 506 #
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 affecting negativelythat significantly affecting the soil health negatively, to be avoided by soil managers.
Amendment 527 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 532 #
Proposal for a directive
Article 11
Article 11
Amendment 570 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c – point i
Article 18 – paragraph 1 – subparagraph 1 – point c – point i
(i) implementdefining sustainable soil management principles in accordance with Article 10;
Amendment 581 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make public the relevant 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 with the permission by landowners and land managers in the anonymized 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 588 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Member States shall ensure that the relevant information referred to in Article 18 of this Directive is available and accessible to the public 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 599 #
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts with the expertise of various land uses such as agriculture, forests and urban soils, designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 605 #
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 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 610 #
Proposal for a directive
Article 23
Article 23
Amendment 620 #
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 and that all soils willare aimed to be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:
Amendment 631 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by … [OP please insert date = 25 years after date of entry into force of the Directive]. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 633 #
Proposal for a directive
Annex I – paragraph 1 a (new)
Annex I – paragraph 1 a (new)
Member States may exclude the soil descriptors relating to the nutrient content in soils from Part B and Part C from this annex, considering that Directive 2000/60/EC and Directive 91/676/EEC are already targeted at the sustainable management of nutrients.
Amendment 638 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c – point i
Article 18 – paragraph 1 – subparagraph 1 – point c – point i
(i) implementing sustainabledefining soil management principles in accordance with Article 10;
Amendment 657 #
Proposal for a directive
Annex III – subheading 1
Annex III – subheading 1
INDICATIVE LIST ON SUSTAINABLE SOIL MANAGEMENT PRINCIPLES
Amendment 659 #
Proposal for a directive
Annex III – paragraph 1 – introductory part
Annex III – paragraph 1 – introductory part
The following principles shallmay apply:
Amendment 664 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8, 10, 15 and 16 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.
Amendment 667 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The delegation of power referred to in Articles 8, 10, 15 and 16 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 674 #
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 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 677 #
Proposal for a directive
Article 23
Article 23
Amendment 703 #
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 and that all soils willare aimed to be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:
Amendment 727 #
Proposal for a directive
Annex III – paragraph 1 – introductory part
Annex III – paragraph 1 – introductory part
The following principles shall applycould be taken into account:
Amendment 730 #
Proposal for a directive
Annex III – paragraph 1 – point a
Annex III – paragraph 1 – point a
(a) when possible, avoid leaving soil bare by establishing and maintaining vegetative soil cover, especially during environmentally sensitive periods;
Amendment 732 #
Proposal for a directive
Annex III – paragraph 1 – point b
Annex III – paragraph 1 – point b
(b) minimise unnecessary physical soil disturbance;
Amendment 734 #
Proposal for a directive
Annex III – paragraph 1 – point c
Annex III – paragraph 1 – point c
(c) avoid inputs or release of non- certified substances into soil that may harm human health or the environment, or degrade soil health;
Amendment 736 #
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 over time do not compromise soil health;
Amendment 741 #
Proposal for a directive
Annex III – paragraph 1 – point g
Annex III – paragraph 1 – point g
(g) ensure soil proteductionvity by the creation and maintenance of adequate landscape features at the landscape level;109 _________________ 109 This principle does not apply to forest soils
Amendment 742 #
Proposal for a directive
Annex III – paragraph 1 – point i
Annex III – paragraph 1 – point i
(i) ensure optimised water levels in organic soils so that the structure and composition of such soils or the productivity are not negatively affected;110 _________________ 110 This principle does not apply to urban soils