114 Amendments of Ulrike MÜLLER 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 107 #
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 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 shallmay 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 107 #
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 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 shallmay 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 112 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure an appropriate governance on soils, Member States should be required to appoint a competent authority for each soil district. Member States should be allowed to appoint any additional competent authority at appropriate level including at national or regional levels.
Amendment 112 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure an appropriate governance on soils, Member States should be required to appoint a competent authority for each soil district. Member States should be allowed to appoint any additional competent authority at appropriate level including at national or regional levels.
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 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 166 #
Proposal for a directive
Recital 51
Recital 51
Amendment 166 #
Proposal for a directive
Recital 51
Recital 51
Amendment 171 #
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 10 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 objective 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 171 #
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 10 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 objective 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 175 #
Proposal for a directive
Recital 36
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 which remain open for research purposes and for relevant stakeholders such as farmers, foresters, land owners, advisors working within the farm advisory system and local authorities.
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 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 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 226 #
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘soil district’ means the part of the territory of a Member State, as delimitfined by that Member State in accordance with this Directive and possibly taking into account the current administrative and territorial governance already established;
Amendment 226 #
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘soil district’ means the part of the territory of a Member State, as delimitfined by that Member State in accordance with this Directive and possibly taking into account the current administrative and territorial governance already established;
Amendment 236 #
Proposal for a directive
Article 3 – paragraph 1 – point 18
Article 3 – paragraph 1 – point 18
(18) ‘transfer function’ means a mathematical rule that allows to convert the value of a measurement, performed using a methodology different from a reference methodology, into the value that would be obtained by performing the soil measurement using the reference methodology;
Amendment 236 #
Proposal for a directive
Article 3 – paragraph 1 – point 18
Article 3 – paragraph 1 – point 18
(18) ‘transfer function’ means a mathematical rule that allows to convert the value of a measurement, performed using a methodology different from a reference methodology, into the value that would be obtained by performing the soil measurement using the reference methodology;
Amendment 254 #
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 services, taking into account the land use;
Amendment 263 #
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. When establishing the geographic extent of soil districts, Member States may take into account existing land use administrative units and shall seek homogeneity within each soil district regarding at least one of the following parameters:
Amendment 263 #
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. When establishing the geographic extent of soil districts, Member States may take into account existing land use administrative units and shall seek homogeneity within each soil district regarding at least one of the following parameters:
Amendment 280 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Member States shall inform the Commission on designate oned competent authorityies for each soil districts established in accordance with Article 4.
Amendment 280 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Member States shall inform the Commission on designate oned competent authorityies for each soil districts established in accordance with Article 4.
Amendment 283 #
Proposal for a directive
Article 3 – paragraph 1 – point 20
Article 3 – paragraph 1 – point 20
(20) ‘soil contamination’ means the presence of a chemical or substance in the soil in a concentration that may beis harmful to human health or the environment;
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 293 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 293 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 299 #
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 anonymized georeferenced spatial format to at leastwithout disclosing the identity of the owner of the site, on the available soil health data resulting from:
Amendment 299 #
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 anonymized georeferenced spatial format to at leastwithout disclosing the identity of the owner of the site, on the available soil health data resulting from:
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 327 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Member States may apply other equivalent methodologies than the ones listed in the first subparagraph, points (a) and (b), provided that validated transfer functions are available, as required in Annex II, part B, fourth column.
Amendment 330 #
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 510 years.
Amendment 338 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. Member States should make use of the expertise of national research institutes and existing national monitoring systems.
Amendment 339 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Member States shall assess the soil health in all their soil districts based on the data collected in the context of the monitoring referred to in Articles 6, 7 and 8 for each of the soil descriptors referred to in Parts A and B of Annex I and taking account the reasoned changes on land use at the sampling areas.
Amendment 348 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
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 360 #
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, in line with the regulation 223/2009 of the European Parliament and of the Council, to at least 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 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 379 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Amendment 385 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Amendment 389 #
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, taking into account risk assessments based on existing monitoring systems.
Amendment 395 #
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Member States shall communicate automatically soil health data and assessment referred to in Articles 6 to 9 to the relevant land owners and land managers upon their requestwithin relevant timeframe, in particular to support the development of the advice referred to in Article 10(3).
Amendment 401 #
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 56 years.
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 405 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 413 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Member States shall assess the soil health in all their soil districts based on the data collected in the context of the monitoring referred to in Articles 6, 7 and 8 for each of the soil descriptors referred to in Parts A and B of Annex I and and taking into account documented changes in the sampling areas.
Amendment 415 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point a
Article 10 – paragraph 1 – subparagraph 1 – point a
(a) defining sustainable soil management practices respecting the indicative list of sustainable soil management principles listed in Annex III to be gradually implemented on all managed soils and based on the local needs, 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;
Amendment 421 #
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 56 years 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 432 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
When defining the practices and measures referred to in this paragraph, Member States shall take into account the an indicative list of 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.
Amendment 437 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
Member States shall identify synergies with the programmes, plans and measures set out in an indicative list of 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.
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 447 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2 – point b
Article 10 – paragraph 2 – subparagraph 2 – point b
(b) promoting research and implementation of holisticsustainable soil management concepts;
Amendment 453 #
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 criteria referred to in subparagraph 1 is not met, leading to a siginificant deterioration in soil quality (‘unhealthy soil’).
Amendment 456 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 465 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
Member States shall ensure thare encouraged to considerate the following principles are reaspecteds in case of land take, while taking into account the specificities of the local level:
Amendment 466 #
Proposal for a directive
Article 11 – paragraph 1 – point a – introductory part
Article 11 – paragraph 1 – point a – introductory part
(a) avoid or reduce as much as technically, socially and economically possible the loss of the capacity of the soil to provide multiple ecosystem services, including agriculture, food production and sustainable forest management, by:
Amendment 500 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) compensate as much as possiblelandowners the loss of soil capacity to provide multiple ecosystem services.
Amendment 502 #
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 respectingtaking into account 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;
Amendment 511 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
When defining the practices and measures referred to in this paragraph, Member States shall take into account 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, in particular the activities from the Mission Soil Living Labs.
Amendment 519 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2 – point b
Article 10 – paragraph 2 – subparagraph 2 – point b
(b) promoting research, land managers engagement, including in monitoring activities, citizen science and implementation of holistic soil management concepts;
Amendment 519 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. On the potentially contaminated soils, land owners and land managers must be given opportunity to provide relevant information and justifications in accordance with the Article 14.
Amendment 520 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2 – point c a (new)
Article 10 – paragraph 2 – subparagraph 2 – point c a (new)
(c a) at the request of a small-scale land manager, undertake soil measurements on the land under its management according to the relevant Tier implemented in the respective Member State, in order to help to identify sustainable management practices appropriate for that managed land. Member State may decide to not to provide support to a manager for soils identified as contaminated, or where the support would lead to disproportionate costs, or would be incoherent with the polluter pays principles.
Amendment 525 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 532 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Member States shall lay down the rules concerning the deadline, content, form and the prioritisation of the soil investigations, taking duly into account environmental, economic and social effects. Those rules shall be established in accordance with the risk-based approach referred to in Article 12 and the list of potentially contaminating risk activities referred to in Article 13(2), second subparagraph.
Amendment 538 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
Member States shall ensure that the following principles are respected in case of land take, while taking into account local specificities and socio-economic interests:
Amendment 544 #
Proposal for a directive
Article 15 – paragraph 5
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 and timing of the enforcement, the competent authority shall take into consideration the current and planned land use, costs, benefits, effectiveness, durability, and technical feasibility of available risk reduction measures.
Amendment 548 #
Proposal for a directive
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 551 #
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Member States shall make public, when relevant, 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. __________________ 79 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
Amendment 557 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
By ... [OP : please insert date = 24 months from the entry into force of the Directive], the Commission shall assess gaps between funding needs and the available Union funding, taking into account the synergies between current programmes, necessary for supporting Member States in the implementation of this Directive, paying specific attention to environmental monitoring needs, including LUCAS soil.
Amendment 567 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c – introductory part
Article 18 – paragraph 1 – subparagraph 1 – point c – introductory part
(c) a general summary of the progress on:
Amendment 571 #
Proposal for a directive
Article 12 – paragraph 1
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. Risk assessment for human health shall always take into account the land use. Member States shall also take into account of the environmental, social and economic impacts of the risk reduction measures taken pursuant to Article 15 paragraph 4.
Amendment 573 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c a (new)
Article 18 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) list of cumulative conditions defined for different soil types, based on Article 9(2).
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 585 #
1. Member States shall systematically and actively identify all sites where a soil contamination is suspected based on evidence collected through all availableproportional means (‘potentially contaminated sites’).
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 595 #
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 598 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where appropriate, Member States shall ensure that all potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation.
Amendment 598 #
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 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 601 #
Proposal for a directive
Article 20 – paragraph 6
Article 20 – paragraph 6
6. A delegated act adopted pursuant to Articles 8, 10, 15 and 16 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
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 621 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
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.
Amendment 635 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Member States shall electronically report the following data and information to the Commission and to the EEA every 56 years:
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 663 #
Proposal for a directive
Annex III – paragraph 1 – point a
Annex III – paragraph 1 – point a
(a) avoid leaving soil bare by establishing and maintaining vegetative soil cover on agricultural soil, especially during environmentally sensitive periods;
Amendment 673 #
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
Annex III – paragraph 1 – point e
Annex III – paragraph 1 – point e
(e) when fertilization is applied, ensureing the balanced and integrated nutrient adaptation to the needs of the plant and trees at the given location and in the given period, and to the condition of soil and prioritize circular solutions that enrich the organic content;
Amendment 683 #
Proposal for a directive
Annex III – paragraph 1 – point h
Annex III – paragraph 1 – point h
(h) use site-adapted species in the cultivation of crops, plants or trees where this can prevent soil degradation or contribute to improving soil health, also taking into consideration the mitigation and adaptation to climate change;
Amendment 684 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
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, particularly taking into account, inter alia, the specificities of small and medium-sized enterprises (SMEs).
Amendment 684 #
Proposal for a directive
Annex III – paragraph 1 – point i
Annex III – paragraph 1 – point i
(i) ensure optimisedsufficent water levels in organic soils, based on the scientific knowledge and voluntary manner of land owners and land managers, so that the structure and composition of such soils are not negatively affected while taking account the social and economical effects;110 __________________ 110 This principle does not apply to urban soils
Amendment 690 #
Proposal for a directive
Annex III – paragraph 1 – point j
Annex III – paragraph 1 – point j
(j) in the case of crop cultivation, ensureLocal climate and other specificities conditions based crop rotation and crop diversity, taking into consideration different crop families, root systems, water and nutrient needs, and integrated pest management;
Amendment 698 #
Proposal for a directive
Annex IV – subheading 1
Annex IV – subheading 1
INDICATIVE LIST OF PROGRAMMES, PLANS, TARGETS AND MEASURES REFERRED TO IN ARTICLE 10
Amendment 699 #
Proposal for a directive
Annex IV – point 14 a (new)
Annex IV – point 14 a (new)
(14a) The European Bioeconomy Strategy and possible national bioeconomy strategies
Amendment 700 #
Proposal for a directive
Annex VII – paragraph 1 – introductory part
Annex VII – paragraph 1 – introductory part
The design and presentation of the anonymized data in the register shall enable the public, when relevant, to track progress in the management of potentially contaminated sites and contaminated sites, while respecting the property right. The register shall contain and present the following information at site level for the known potentially contaminated sites, contaminated sites, contaminated sites requiring further action, and contaminated sites where action was taken or is being taken: