[ParlTrack]

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Recital 1

(1) Soil is a vital, limited, non- renewable and irreplaceable resource that is crucial for the economy, the environment, food security and the society.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Recital 2

(2) Healthy soils are in good chemical, biological and physical condition so that they can provide ecosystem services that are vital to humans and the environment, such as safe, nutritious and sufficient food, biomass, clean water, nutrients cycling, carbon storage and a habitat for biodiversity. ~~However, 60 to 70 % of the soils in the Union are deteriorated and continue to deteriorate.~~

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Recital 17

(17) The Commission’s Communication on safeguarding food security and reinforcing the resilience of food systems47 stressed that food sustainability is fundamental for food security. Healthy soils make the Union food system more resilient by providing the basis for nutritious and sufficient food. The Common Agricultural Policy provides a harmonised framework to ensure food supply security. __________________ 47 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 final.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
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. 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).~~

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Recital 22

(22) Soil degradation impacts fertility, yields, pest resistance and nutritional food quality. Since 95 % of our food is directly or indirectly produced on soils and the global population continues to increase, it is key that this finite natural resource remains healthy to ensure food security in the long-term and secure the productivity and profitability of Union agriculture. Sustainable soil management practices, as laid down in the Common Agricultural Policy, maintain or enhance soil health and contribute to the sustainability and resilience of the food system.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Recital 23

(23) The long-term objective of the Directive is to achieve healthy soils by 2050. As an intermediate step, in light of the limited knowledge about the condition of soils and about the effectiveness and costs of the measures to regenerate their health, the directive takes a staged approach. In the first stage the focus will be on setting up the soil monitoring framework and assessing the situation of soils throughout the EU. It also includes requirements to lay down measures to manage soils sustainably and regenerate unhealthy soils once their condition is established, but without imposing an obligation to achieve healthy soils by 2050 neither intermediate targets. This proportionate approach will allow sustainable soil management and regeneration of unhealthy soils to be well prepared, incentivised and set in motion. In a second stage, as soon as the results of the first assessment of soils and trends analysis are available, the Commission will take stock of the progress towards the 2050 objective and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards 2050.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
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 complementary to 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).deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Recital 34

(34) Building on and upgrading the existing EU soil observatory, the Commission should establish a digital soil health data portal that should be compatible with the EU Data Strategy51 and the EU data spaces and which should be a hub providing access to soil data coming from various sources. That portal should primarily include all the data collected by the Member States and the Commission as required by this Directive. It should also be possible to integrate in the portal, on a voluntary basis, other relevant soil data collected by Member States or any other party (and in particular data resulting from projects under Horizon Europe and the Mission ‘A Soil Deal for Europe’), provided that those data meet certain requirements as regards format and specifications. Those requirements should be specified by the Commission by way of implementing acts. __________________ 51 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a European strategy for data, COM(2020)66 final.deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Recital 36

(36) In order to make the widest possible use of soil health data generated by the monitoring carried out under this Directive, Member States should be required to facilitate the access to such data for relevant stakeholders such as farmers, foresters, land owners and local authorities.deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
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 sustainable soil management principles to guide soil management practices.deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
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. 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.deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
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 matters (Aarhus Convention)68 , 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).deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Recital 50

(50) Directive (EU) 2019/1024 of the European Parliament and of the Council69 mandates the release of public sector data in free and open formats. The overall objective is to continue the strengthening of the EU’s data economy by increasing the amount of public sector data available for re-use, ensuring fair competition and easy access to public sector information, and enhancing cross- border innovation based on data. The main principle is that government data should be open by default and design. Directive 2003/4/EC of the European Parliament and of the Council70 is aimed at guaranteeing the right of access to environmental information in the Member States in line with the Aarhus Convention. The Aarhus Convention and Directive 2003/4/EC encompass broad obligations related both to making environmental information available upon request and actively disseminating such information. Directive 2007/2/EC of the European Parliament and of the Council71 is also of broad scope, covering the sharing of spatial information, including data sets on different environmental topics. It is important that provisions of this Directive related to access to information and data-sharing arrangements complement those Directives and do not create a separate legal regime. Therefore, the provisions of this Directive regarding information to the public and information on monitoring of implementation should be without prejudice to Directives (EU) 2019/1024, 2003/4/EC and 2007/2/EC. __________________ 69 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). 70 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). 71 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).deleted

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
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 achieve healthy soils by 2050 ~~and maintain soils in healthy condition~~, considering technical feasibility and economic proportionality, and maintain soils in healthy condition, while taking into account all sol functions, so that they can supply multiple ecosystem services and fulfil as well its utilisation functions at a scale sufficient to meet equally 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.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
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 achieve healthy soils by 2050 and maintain soils in healthy condition, taking account of technical feasibility and economic proportionality, 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.

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all soils in the territory of Member States. This Directive shall not apply to activities or installations that are already subject to other specific national legislations insofar as these already cover issues of soil protection, soil monitoring, soil resilience or soil remediation.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all soils in the territory of Member States with the exception of soils subject to Regulations (EU) 2021/2115, (EU) 2021/2116, (EU) 2021/2117 of the European Parliament and of the Council and acts based on those Regulations.

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 3 – paragraph 1 – point 1

(1) ‘soil’ means the ~~top layer of~~rooting 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~~liquid components, air and living organisms, excluding groundwater, aquifers, water beds and raw material deposits;

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 3 – paragraph 1 – point 4

(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services, and its ability to produce, taking into consideration the land use and its purpose;

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 3 – paragraph 1 – point 4

4. ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services, taking account of land use and the purpose thereof;

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 3 – paragraph 1 – point 4 a (new)

(4a) “Heavily modified soils” means soils where the provision of ecosystem services is almost completely hampered to such a degree that it is almost impossible to restore.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 4 – paragraph 2

(2) When establishing the geographic extent of soil districts, Member States may take into account existing administrative units and shall seek homogeneity within each soil district regarding the following parameters: (a) soil type as defined in the World Reference Base for Soil Resources75; (b) climatic conditions; (c) environmental zone as described in Alterra Report 228176; (d) land use or land cover as used in the Land Use/Cover Area frame statistical Survey (LUCAS) programme. __________________ 75 https://www.fao.org/soils-portal/data- hub/soil-classification/world-reference- base/en/ 76 Metzger, A.D. Shkaruba, R.H.G. Jongman and R.G.H. Bunce, Descriptions of the European Environmental Zones and Strata, Alterra Report 2281 ISSN 1566-7197.deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 6 – paragraph 4

(4) The Commission shall, subject to agreement from Member States concerned, carry out regular soil measurements on soil samples taken in- situ, based on the relevant descriptors and methodologies referred to in Articles 7 and 8, to support Member States’ monitoring of soil health. Where a Member State provides agreement in accordance with this paragraph, it shall ensure that the Commission can carry out such in-situ soil sampling.deleted

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 6 – paragraph 4

4. The Commission shall, subject to agreement from Member States concerned, carry out regular soil measurements on soil samples taken in-situ, based on the relevant descriptors and methodologies referred to in Articles 7 and 8, to support Member States’ monitoring of soil health. Where a Member State provides agreement in accordance with this paragraph, it shall ensure that the Commission can carry out such in-situ soil sampling only with the express permission of the landowner and land manager.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 6 – paragraph 6

(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 least the available soil health data resulting from: (a) the soil measurements referred to in Article 8(2); (b) the soil measurements referred to in paragraph 4 of this Article; (c) the relevant soil remote sensing data and products referred to in paragraph 5 of this Article.deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 6 – paragraph 7

(7) The digital soil health data portal referred to in paragraph 6 may also provide access to other soil health related data than the data referred to in that paragraph if those data were shared or collected in accordance with the formats or methods established by the Commission pursuant to paragraph 8.deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 6 – paragraph 8

(8) The Commission shall adopt implementing acts to establish formats or methods for sharing or collecting the data referred to in paragraph 7 or for integrating those data in the digital soil health data portal. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 7 – paragraph 5

(5) Member States may set additional soil descriptors and land take indicators, including but not limited to the optional descriptors and indicators listed in part C and D of Annex I, for monitoring purposes (‘additional soil descriptors’ and ‘additional land take indicators’).deleted

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall determine sampling points by applying the methodology set out in part A of Annex II taking into account risk assessments based on existing monitoring systems.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point b

~~(b) the minimum methodological criteria for determining the values of the land take and soil sealing indicators set out in part C of Annex II;~~deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1

Member States shall ensure that new soil measurements are performed at least every 510 years.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
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 every year.~~deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
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).

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
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).

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 3

Member States shall ensure that soil health assessments are performed at least every 510 years and that the first soil health assessment is performed by … (OP: please insert the date = 510 years after date of entry into force of the Directive).

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – introductory part

~~A soil is considered healthy in accordance with this Directi~~Member States shall monitor minimum of 5 descriptors depending on national conditions according to Article 7(1) in Annex I. If 4 out of 5 descriptors are met, the soil is healthy. If 0-2 out of 5 descriptors are met, the soil is unhealthy, and Member States shall report to the Commission on how to improve wthe~~re the following cumulative c~~m and to monitor the soil every 5 years, instead of 10 years. If 3 out of 5 descriptors are met, the soil has “a medium health” and a Member State has to mondit~~ions are fulfilled:~~or more frequently as well.

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 a (new)

By way of derogation, artificial and heavily modified soils, as defined within Article 3, shall be excluded from meeting the conditions for healthy soils as referred to in paragraph 2 of this Article.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 a (new)

By way of derogation from the subparagraph 1, soils shall also be considered healthy if individual values do not fulfil the established criteria due to the natural heterogeneity of the soils or natural influences.

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3

~~Soil is unhealthy where at least one of the criteria referred to in subparagraph 1 is not met (‘unheal~~When determining whether a soil is unhealthy, the site-specific characteristics (geogenic or anthropogenic impacts) and the utilization functions of the soil must also be taken into account when examining the criteria for thye soil’) descriptors listed in Parts A and B of Annex I.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3

Soil is unhealthy where at least one of the criteria referred to in subparagraph 1 is not met (‘unhealthy soil’) and this is not attributable to the natural heterogeneity of the soils or natural influences.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1

~~Member States shall set up a mechanism for a voluntary soil health certification for land owners and managers pursuant to the conditions in paragraph 2 of this Article.~~deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 9 – paragraph 6

(6) Member States shall communicate soil health data and assessment referred to in Articles 6 to 9 to the relevant land owners and land managers upon their request, in particular to support the development of the advice referred to in Article 10(3).deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 10 – paragraph 1

(1) 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, use and condition of soil: (a) defining sustainable soil management practices respecting 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 States; (b) defining soil management practices and other practices affecting negatively the soil health to be avoided by soil managers. When defining the practices and measures referred to in this paragraph, Member States shall take into account the programmes, plans, targets and measures listed in Annex IV as well as the latest existing scientific knowledge including results coming out of the Horizon Europe Mission a Soil Deal for Europe. Member States shall identify synergies with the programmes, plans and measures set out in Annex IV. The soil health monitoring data, the results of the soil health assessments, the analysis referred to in Article 9 and the sustainable soil management measures shall inform the development of the programmes, plans and measures set out in Annex IV. Member States shall ensure that the process of elaboration of the practices referred to in the first subparagraph is open, inclusive and effective and that the public concerned, in particular landowners and managers, are involved and are given early and effective opportunities to participate in their elaboration.deleted

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
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 and, on the basis of the outcome of the soil assessments carried out in accordance with Article 9, regeneration practices to be gradually implemented in situations where soil is unhealthy, and insofar as the intended type of land use is unaffected, on the unhealthy soils concerned in the Member States;

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 3

Member States shall duly categorise the practices and measures referred to in this paragraph with regard to the intended type of land use. Member States shall identify synergies with the programmes, plans and measures set out in Annex IV. The soil health monitoring data, the results of the soil health assessments, the analysis referred to in Article 9 and the sustainable soil management measures shall inform the development of the programmes, plans and measures set out in Annex IV.

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 4

Member States shall ensure that the process of elaboration of the practices referred to in the first subparagraph is open, inclusive and effective and that ~~the public concerned, in particular~~ landowners and managers, are involved and are given early and effective opportunities to participate in their elaboration.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 10 – paragraph 4

~~(4) The Commission is empowered to adopt~~ delegated ~~acts in accordance with Article 20 to amend Annex III in order to adapt the sustainable soil management principles to take into account scientific and technical progress.~~

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 11 – paragraph 1 a (new)

Member States shall lay down a mandatory conservation requirement for agricultural and forest land to secure the supply of food, feed and renewable raw materials and in the interest of the bioeconomy;

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 11 – paragraph 1 b (new)

Member States shall take all necessary measures to achieve net zero in the use of agricultural and forest land for settlement or transport measures in 2030.

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 12 – paragraph 1

(1) Member States shall manage the risks for human health and the environment of potentially contaminated sites and contaminated sites, and keep them to acceptable levels, taking account of the environmental, social and economic impacts of the soil contamination and of the risk reduction measures taken pursuant to Article 15 paragraph 4. Human health risk assessments should always be based on type of land use.

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 12 – paragraph 1 a (new)

1a. Additional funding shall be provided to finance implementation of risk reduction measures of potentially contaminated sites and contaminated sites, and to compensate the losses of farmers who are not responsible for soil contamination”.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 12 – paragraph 2 – point c

~~(c) the management of contaminated sites in accordance with Article 15.~~deleted

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 12 – paragraph 4 – point c

~~(c) to request correction of information contained in the register for contaminated sites and potentially contaminated sites in accordance with Article 16.~~deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 13 – paragraph 1

(1) Member States shall systematically and actively identify all sites where a soil contamination is suspected based on evidence collected through a~~ll available mean~~ppropriate means and set procedures (‘potentially contaminated sites’).

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 – point d

(d) operation of an activity referred to in Annex III to Directive 2004/35/CE of the European Parliament and of the Council78; __________________ 78Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56)deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 14 – paragraph 1

(1) Member States shall ensure that all potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation, where appropriate and in order of priorities.

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 14 – paragraph 3

~~3. Member States shall also establish specific events that trigger an investigation before the deadline set in accordance with paragraph 2.~~deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 15 – paragraph 3

(3) For each contaminated site identified pursuant to Article 14 or by any other means, the responsible competent authority shall carry out a site-specific assessment for the current and planned land uses to determine whether the contaminated site poses unacceptable risks for human health or the environment. Member States may, where appropriate, consider assessments carried out in accordance with Directive 2011/92/EU and/or Directive 2010/75/EU and/or Directive 2012/18/EU sufficient.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 15 – paragraph 5

(5) The risk reduction measures may consist of the measures referred to in Annex V. When deciding on the appropriate risk reduction measures, the competent authority shall take into consideration the costs, benefits, effectiveness, durability, and technical feasibility of available risk reduction measures. The competent authority shall also take into account the measures already implemented or planned under Directive 2012/18/EU and/or Directive 2010/75/EU.

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 15 – paragraph 5 a (new)

5a. Upon assessment of the risk and risk remediation measures as referred to in the previous paragraph, the competent authority shall assess the impact of those measures on productive agricultural, forestry, or horticultural soils and their conventional and organic practices.

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 15 – paragraph 5 b (new)

5b. The competent authorities shall ensure that all risk remediation and risk reduction measures which could take place on agricultural, forestry, or horticultural carry the full financial burden of implementation, as well as potential financial losses from the disturbing of permanent crops, removal of inputs listed in the contaminants list from active practice, and the potential loss in land value from identification and registration of a land plot as contaminated.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 16

Article 16 Register (1) By … (OP : please insert date = 4 years after entry into force of the Directive), Member States shall, in accordance with paragraph 2, draw up a register of contaminated sites and potentially contaminated sites. (2) The register shall contain the information set out in Annex VII. (3) The register shall be managed by the responsible competent authority and shall be regularly kept under review and up to date. (4) Member States shall make public the register and information referred to in paragraphs 1 and 2. Disclosure of any information may be refused or restricted by the competent authority where the conditions laid down in Article 4 of Directive 2003/4/EC of the European Parliament and of the Council79 are fulfilled. The register shall be made available in an online georeferenced spatial database. (5) The Commission shall 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. __________________ 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).deleted

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 17 – paragraph 1

Given the priority inherently attached to the establishment of soil monitoring and sustainable management and regeneration of soils, the implementation of this Directive shall be supported by existing Union financial programmes in accordance with their applicable rules and conditions, as well as from national financing.

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c – point i

~~(i) implementing sustainable soil management principles in accordance with Article 10;~~deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c – point ii

~~(ii) the registration, identification, investigation, and management of contaminated sites in accordance with Articles 12 to 16;~~deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point d

~~(d) the data and information contained in the register referred to in Article 16.~~deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2

The first reports shall be submitted by … (OP: please insert date = 510 years and 6 months after entry into force of the Directive).

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 18 – paragraph 3 – point c

~~(c) the measures and sustainable soil management practices referred to in Article 10 by… (OP: please insert the date = 4 years and 3 months after date of entry into force of the Directive).~~deleted

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
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 only with the express permission of the landowner and land manager and in an aggregated and 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).

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
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 only with the express permission of the landowner and land manager and 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).

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
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 only with the express permission of the landowner and land manager and in an aggregated and anonymized 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).

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 22

Article 22 Access to justice Member States shall ensure that members of the public, in accordance with national law, that have a sufficient interest or that maintain the impairment of a right, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the assessment of soil health, the measures taken pursuant to this Directive and any failures to act of the competent authorities. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient. Review procedures referred to in paragraph 1 shall be fair, equitable, timely and free of charge or not prohibitively expensive, and shall provide adequate and effective remedies, including injunctive relief where necessary. Member States shall ensure that practical information is made available to the public on access to the administrative and judicial review procedures referred to in this Article.deleted

2023/12/06
Committee: AGRI

Peter JAHR, Marlene MORTLER, Lena DÜPONT, Norbert LINS, Christine SCHNEIDER

Proposal for a directive
Article 23

Article 23 Penalties 1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council, Member States shall lay down the rules on penalties applicable to violations by natural and legal persons, of the national provisions adopted pursuant to this Directive and shall ensure that those rules are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the violation. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. In the case of a violation committed by a legal person, such fines shall be proportionate to the legal person’s annual turnover in the Member State concerned, taking account, inter alia, the specificities of small and medium-sized enterprises (SMEs). 3. Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable: (a) the nature, gravity, and extent of the violation; (b) the intentional or negligent character of the violation; (c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health and the environment. 4. Member States shall without undue delay notify the Commission of the rules and measures referred to in paragraph 1 and of any subsequent amendments affecting them.deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Article 24 – paragraph 1 – introductory part

(1) By (OP :please insert the date = 610 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 will be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Annex III

~~[...]~~deleted

2023/12/06
Committee: AGRI

Marlene MORTLER, Lena DÜPONT, Peter JAHR, Christine SCHNEIDER, Norbert LINS

Proposal for a directive
Annex IV

PROGRAMMES, PLANS, TARGETS AND MEASURES REFERRED TO IN ARTICLE 10 (1) The national restoration plans prepared in accordance with Regulation …/…111 +. (2) The strategic plans to be drawn up by Member States under the Common Agricultural Policy in accordance with Regulation (EU) 2021/2115. (3) The Code of Good Agricultural Practice and the action programmes for designated vulnerable zones adopted in accordance with Directive 91/676/EEC. (4) The conservation measures and prioritized action framework established for Natura 2000 sites in accordance with Directive 92/43/EEC. (5) The measures for achieving good ecological and chemical status of surface water bodies and good chemical and quantitative status of groundwater bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC. (6) The flood risk management measures included in the flood risk management plans prepared in accordance with Directive 2007/60/EC. (7) The drought management plans referred to in the Union Strategy on Adaptation to Climate Change. (8) The national action programmes established in accordance with the United Nations Convention to Combat Desertification. (9) The targets set out under Regulation (EU) 2018/841. (10) The targets set out under Regulation (EU) 2018/842. (11) The national air pollution control programmes prepared under Directive (EU) 2016/2284 and the monitoring data about air pollution impacts on ecosystems reported under that Directive. (12) The integrated national energy and climate plan established in accordance with Regulation (EU) 2018/1999. (13) The risk assessments and disaster risk management planning in accordance with Decision No 1313/2013/EU. (14) The national actions plans adopted in accordance with Article 8 of Regulation …/…112 +. __________________ 111 + OP : please insert in the text the number of Regulation on nature restoration contained in document COM(2022) 304 112 + OP : please insert in the text the number of Regulation of the European Parliament and of the Council the sustainable use of plant protection products and amending Regulation (EU) 2021/2115 contained in document COM(2022)305deleted

2023/12/06
Committee: AGRI

76 Amendments of Peter JAHR related to 2023/0232(COD)

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