91 Amendments of Annie SCHREIJER-PIERIK related to 2023/0232(COD)
Amendment 52 #
Proposal for a directive
Recital 1
Recital 1
(1) Soil is a vital, limited, non- renewable and irreplaceable resource that is crucial for the economy, the environment, food production and the society.
Amendment 52 #
Proposal for a directive
Recital 1
Recital 1
(1) Soil is a vital, limited, non- renewable and irreplaceable resource that is crucial for the economy, the environment, food production and the society.
Amendment 68 #
Proposal for a directive
Recital 10
Recital 10
(10) The EU Soil Strategy for 2030 sets the long-term vision that by 2050, all EU soil ecosystems are in a healthyier condition and are thus more resilient. As a keyone of the solutions, healthy soils contribute to address the EU’s goals of achieving climate neutrality and becoming resilient to climate change, developing a clean and circular (bio)economy, reversing biodiversity loss, safeguarding human health, food security, halting desertification and reversing land degradation.
Amendment 68 #
Proposal for a directive
Recital 10
Recital 10
(10) The EU Soil Strategy for 2030 sets the long-term vision that by 2050, all EU soil ecosystems are in a healthyier condition and are thus more resilient. As a keyone of the solutions, healthy soils contribute to address the EU’s goals of achieving climate neutrality and becoming resilient to climate change, developing a clean and circular (bio)economy, reversing biodiversity loss, safeguarding human health, food security, halting desertification and reversing land degradation.
Amendment 76 #
Proposal for a directive
Recital 12
Recital 12
(12) The Soil Strategy for 2030 announced that the Commission would table a legislative proposal on soil health to enable the objectives of the Soil Strategy and to achieve good soil health across the EU by 2050. In its resolution of 28 April 2021 on soil protection42 , the European Parliament emphasised the importance of protecting soil and promoting healthy soils in the Union, bearing in mind that soil processes are slow due to their immobility, that the degradation continues, despite the limited and uneven actions being taken in some Member States. The European Parliament called on the Commission to design a Union wide common legal framework, with full respect for the subsidiarity principle, and leaving it up to the Member States to apply where, how and as needed, for the protection and sustainable use of soil, addressing all major soil threats. __________________ 42 European Parliament resolution of 28 April 2021 on soil protection (2021/2548(RSP)).
Amendment 76 #
Proposal for a directive
Recital 12
Recital 12
(12) The Soil Strategy for 2030 announced that the Commission would table a legislative proposal on soil health to enable the objectives of the Soil Strategy and to achieve good soil health across the EU by 2050. In its resolution of 28 April 2021 on soil protection42 , the European Parliament emphasised the importance of protecting soil and promoting healthy soils in the Union, bearing in mind that soil processes are slow due to their immobility, that the degradation continues, despite the limited and uneven actions being taken in some Member States. The European Parliament called on the Commission to design a Union wide common legal framework, with full respect for the subsidiarity principle, and leaving it up to the Member States to apply where, how and as needed, for the protection and sustainable use of soil, addressing all major soil threats. __________________ 42 European Parliament resolution of 28 April 2021 on soil protection (2021/2548(RSP)).
Amendment 80 #
Proposal for a directive
Recital 14
Recital 14
(14) Regulation (EU) 2021/1119 of the European Parliament and of the Council44 sets out a binding objective of climate neutrality in the Union by 2050 and negative emissions thereafter, and of prioritising swift and predictable emission reductions and, at the same time, enhancing removals by natural sinks. Sustainable soil management results in increased carbon sequestration and in most cases in co-benefits for ecosystems and biodiversity. The Commission’s Communication on Sustainable Carbon Cycles45 underlined the need for clear and transparent identification of the activities that unambiguously remove carbon from the atmosphere such as the development of a EU framework for the certification of carbon removals from natural ecosystems including soils. Moreover, the revised Regulation on Land Use, Land Use Change and Forestry not only places soil carbon central to the achievement of targets on the pathway to a climate neutral Europe, but also calls for Member States to prepare a system for the monitoring of soil carbon stocks, using, inter alia, the land use/cover area frame statistical survey (LUCAS) dataset, or existing national measuring systems. __________________ 44 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). 45 Communication from the European Commission to the European Parliament and to the Council Sustainable Carbon Cycles COM (2021) 800.
Amendment 80 #
Proposal for a directive
Recital 14
Recital 14
(14) Regulation (EU) 2021/1119 of the European Parliament and of the Council44 sets out a binding objective of climate neutrality in the Union by 2050 and negative emissions thereafter, and of prioritising swift and predictable emission reductions and, at the same time, enhancing removals by natural sinks. Sustainable soil management results in increased carbon sequestration and in most cases in co-benefits for ecosystems and biodiversity. The Commission’s Communication on Sustainable Carbon Cycles45 underlined the need for clear and transparent identification of the activities that unambiguously remove carbon from the atmosphere such as the development of a EU framework for the certification of carbon removals from natural ecosystems including soils. Moreover, the revised Regulation on Land Use, Land Use Change and Forestry not only places soil carbon central to the achievement of targets on the pathway to a climate neutral Europe, but also calls for Member States to prepare a system for the monitoring of soil carbon stocks, using, inter alia, the land use/cover area frame statistical survey (LUCAS) dataset, or existing national measuring systems. __________________ 44 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). 45 Communication from the European Commission to the European Parliament and to the Council Sustainable Carbon Cycles COM (2021) 800.
Amendment 87 #
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to sethave at Member State level measures for monitoring and assessing soil health, managing soils sustainably and tackling contaminated sites to achieve healthy soils by 2050, to maintain them in healthy condition and meet the Union’s objectives on climate and biodiversity, to prevent and respond to droughts and natural disasters, to protect human health and to ensure food security and safety.
Amendment 87 #
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to sethave at Member State level measures for monitoring and assessing soil health, managing soils sustainably and tackling contaminated sites to achieve healthy soils by 2050, to maintain them in healthy condition and meet the Union’s objectives on climate and biodiversity, to prevent and respond to droughts and natural disasters, to protect human health and to ensure food security and safety.
Amendment 106 #
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to achieve healthyier 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 willcan propose a review of the directive if necessary to accelerapromote progress towards 2050.
Amendment 106 #
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to achieve healthyier 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 willcan propose a review of the directive if necessary to accelerapromote progress towards 2050.
Amendment 108 #
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, the natural and historical circumstances and the land use or the land cover isare 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. When establishing soil districts, Member States should take into account already existing national districts and programs. The number, geographic extent and boundaries of soil districts for each Member State should be determined in order to facilitate the implementation of Regulation (UE) …/…. of the European Parliament and of the Council48 . There should be a minimum number of soil districts in each Member State taking into account the size of the Member State. This minimum number of soil districts for each Member State shall correspondadhere to correspond as closely as possible 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 108 #
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, the natural and historical circumstances and the land use or the land cover isare 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. When establishing soil districts, Member States should take into account already existing national districts and programs. The number, geographic extent and boundaries of soil districts for each Member State should be determined in order to facilitate the implementation of Regulation (UE) …/…. of the European Parliament and of the Council48 . There should be a minimum number of soil districts in each Member State taking into account the size of the Member State. This minimum number of soil districts for each Member State shall correspondadhere to correspond as closely as possible 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 113 #
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 eachat appropriate level including at national or regional level for each, or several, soil district(s). Member States should be allowed to appoint any additional competent authority at appropriate level including at national or regional level.
Amendment 113 #
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 eachat appropriate level including at national or regional level for each, or several, soil district(s). Member States should be allowed to appoint any additional competent authority at appropriate level including at national or regional level.
Amendment 116 #
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, is defined. The mix of criteria can vary per soil type and land use. Such criteria should reflect and be based on the existing level of soil science and if not respected may leads to a critical loss in the soil’s capacity to function as a vital living system and to provide ecosystem services. Such criteria should reflect and be based on the existing level of soil science.
Amendment 116 #
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, is defined. The mix of criteria can vary per soil type and land use. Such criteria should reflect and be based on the existing level of soil science and if not respected may leads to a critical loss in the soil’s capacity to function as a vital living system and to provide ecosystem services. Such criteria should reflect and be based on the existing level of soil science.
Amendment 123 #
Proposal for a directive
Recital 28
Recital 28
Amendment 123 #
Proposal for a directive
Recital 28
Recital 28
Amendment 130 #
Proposal for a directive
Recital 31
Recital 31
(31) The assessment of soil health based on the monitoring network should be accurate while at the same time keeping the costs of such monitoring at reasonable level. It is therefore appropriate to lay down criteria for sampling points that are representative of the soil condition under different soil types, climatic conditions and land use. The grid of sampling points should be determined by using geostatistical methods and be sufficiently dense to provide an estimation of the area of healthy soils, at national level, within an uncertainty of not more than 5%. This value is commonly considered to provide a statistically sound estimation and reasonable assurance that the objective has been achieved. Member States' sampling and measuring points already in place will be taken into account.
Amendment 130 #
Proposal for a directive
Recital 31
Recital 31
(31) The assessment of soil health based on the monitoring network should be accurate while at the same time keeping the costs of such monitoring at reasonable level. It is therefore appropriate to lay down criteria for sampling points that are representative of the soil condition under different soil types, climatic conditions and land use. The grid of sampling points should be determined by using geostatistical methods and be sufficiently dense to provide an estimation of the area of healthy soils, at national level, within an uncertainty of not more than 5%. This value is commonly considered to provide a statistically sound estimation and reasonable assurance that the objective has been achieved. Member States' sampling and measuring points already in place will be taken into account.
Amendment 132 #
Proposal for a directive
Recital 32
Recital 32
(32) The Commission should assist and support Member States’ monitoring of soil health by continuing to carry out and enhancing regular in-situ soil sampling and related soil measurements (LUCAS soil) as part of the Land Use/Cover Area frame statistical Survey (LUCAS) Programme. For that purpose, the LUCAS Programme shall be enhanced and upgraded to fully align it with the specific quality requirements to be met for the purpose of this Directive. In order to alleviate the burden, existing soil sampling points, national monitoring and measuring systems will be taken into account and Member States should be allowed to take into account the soil health data surveyed under the enhanced LUCAS soil. The Member States thus supported should take the necessary legal arrangements to ensure that the Commission can carry out such in-situ soil sampling, including on privately owned fields, and in compliance with applicable national or Union legislation.
Amendment 132 #
Proposal for a directive
Recital 32
Recital 32
(32) The Commission should assist and support Member States’ monitoring of soil health by continuing to carry out and enhancing regular in-situ soil sampling and related soil measurements (LUCAS soil) as part of the Land Use/Cover Area frame statistical Survey (LUCAS) Programme. For that purpose, the LUCAS Programme shall be enhanced and upgraded to fully align it with the specific quality requirements to be met for the purpose of this Directive. In order to alleviate the burden, existing soil sampling points, national monitoring and measuring systems will be taken into account and Member States should be allowed to take into account the soil health data surveyed under the enhanced LUCAS soil. The Member States thus supported should take the necessary legal arrangements to ensure that the Commission can carry out such in-situ soil sampling, including on privately owned fields, and in compliance with applicable national or Union legislation.
Amendment 135 #
Proposal for a directive
Recital 35
Recital 35
(35) It is also necessary to first assess, and where proven needed, to improve the harmonizsation of soil monitoring systems used in the Member States and exploit the synergies between Union and national monitoring systems in order to have more comparable data across the Union.
Amendment 135 #
Proposal for a directive
Recital 35
Recital 35
(35) It is also necessary to first assess, and where proven needed, to improve the harmonizsation of soil monitoring systems used in the Member States and exploit the synergies between Union and national monitoring systems in order to have more comparable data across the Union.
Amendment 150 #
Proposal for a directive
Recital 40
Recital 40
(40) In order to ensure that the best sustainable soil management practices are implemented, and if not already doing so, Member States should be required to closely monitor the impact of soil management practices and adjust practices and recommendations as necessary, taking into account new knowledge from research and innovation. Valuable contributions are expected in this respect from the Horizon Europe Mission ‘A Soil Deal for Europe’ and in particular its living labs and activities to support soil monitoring, soil education and citizen engagement.
Amendment 150 #
Proposal for a directive
Recital 40
Recital 40
(40) In order to ensure that the best sustainable soil management practices are implemented, and if not already doing so, Member States should be required to closely monitor the impact of soil management practices and adjust practices and recommendations as necessary, taking into account new knowledge from research and innovation. Valuable contributions are expected in this respect from the Horizon Europe Mission ‘A Soil Deal for Europe’ and in particular its living labs and activities to support soil monitoring, soil education and citizen engagement.
Amendment 167 #
Proposal for a directive
Recital 51
Recital 51
(51) In order to ensure the necessary adaptation of thepromote coherent rules on soil health monitoring, sustainable soil management and management of contaminated sites, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending this Directive to support Member States in adapting to technical and scientific progress the methodologies for monitoring soil health, the list of sustainable soil management principles, the indicative list of risk reduction measures, the phases and requirements for the site-specific risk assessment and the content of the register of contaminated and potentially contaminated sites. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201672 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 72 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (OJ L 123, 12.5.2016, p. 1).
Amendment 167 #
Proposal for a directive
Recital 51
Recital 51
(51) In order to ensure the necessary adaptation of thepromote coherent rules on soil health monitoring, sustainable soil management and management of contaminated sites, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending this Directive to support Member States in adapting to technical and scientific progress the methodologies for monitoring soil health, the list of sustainable soil management principles, the indicative list of risk reduction measures, the phases and requirements for the site-specific risk assessment and the content of the register of contaminated and potentially contaminated sites. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201672 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 72 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (OJ L 123, 12.5.2016, p. 1).
Amendment 169 #
Proposal for a directive
Recital 53
Recital 53
(53) The Commission should carry out an evidence-based evaluation and, where relevant, advise on a revision of this Directive, 6 years after its entry into force on the basis of the results of the soil health assessment. The evaluation should assess in particular the need to set more specific and/or a different set of requirements to make sure unhealthy soils are regenerated and the objective to achieve healthyier soils by 2050 is achieved, whilst taking into account that soil improving processes are very slow due to their immobility and may thus require more time. 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 169 #
Proposal for a directive
Recital 53
Recital 53
(53) The Commission should carry out an evidence-based evaluation and, where relevant, advise on a revision of this Directive, 6 years after its entry into force on the basis of the results of the soil health assessment. The evaluation should assess in particular the need to set more specific and/or a different set of requirements to make sure unhealthy soils are regenerated and the objective to achieve healthyier soils by 2050 is achieved, whilst taking into account that soil improving processes are very slow due to their immobility and may thus require more time. 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 173 #
Proposal for a directive
Recital 54
Recital 54
(54) Coordinated measures by all Member States are necessary to achieve the vision to have all soils healthyier by 2050 and to secure the provision of ecosystem services by soils across the Union in the long-term. Individual actions of Member States have proven to be insufficient since the soil degradation is continuing and even deteriorating. Since the objectives of this Directive cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEUhat more time is needed as soil improves at a fairly slow pace due to its immobility. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 173 #
Proposal for a directive
Recital 54
Recital 54
(54) Coordinated measures by all Member States are necessary to achieve the vision to have all soils healthyier by 2050 and to secure the provision of ecosystem services by soils across the Union in the long-term. Individual actions of Member States have proven to be insufficient since the soil degradation is continuing and even deteriorating. Since the objectives of this Directive cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEUhat more time is needed as soil improves at a fairly slow pace due to its immobility. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 179 #
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 when national action by Member States has proven to be insufficient and the objective will be better achieved by the Union, and to continuously improve soil health in the Union with the view to strive to achieve healthyier soils by 2050 and achieve 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 and better adjust to the impacts of climate change and biodiversity loss, increase the resilience against natural disasters and for food production and security and that soil contamination is reduced to levels no longer considered harmful to human health and the environment.
Amendment 179 #
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 when national action by Member States has proven to be insufficient and the objective will be better achieved by the Union, and to continuously improve soil health in the Union with the view to strive to achieve healthyier soils by 2050 and achieve 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 and better adjust to the impacts of climate change and biodiversity loss, increase the resilience against natural disasters and for food production and security and that soil contamination is reduced to levels no longer considered harmful to human health and the environment.
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) monitoring and assessment of contaminated sites.
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) monitoring and assessment of contaminated sites.
Amendment 194 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all soils in the territory of Member States when EU action is proven to be more beneficial than national action by Member States.
Amendment 194 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all soils in the territory of Member States when EU action is proven to be more beneficial than national action by Member States.
Amendment 211 #
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, its ability to produce food and to provide ecosystem services;
Amendment 211 #
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, its ability to produce food and to provide ecosystem services;
Amendment 223 #
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘soil management practices’ mean practices that are intended to impact the physical, chemical or biological qualities of a soil;
Amendment 223 #
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘soil management practices’ mean practices that are intended to impact the physical, chemical or biological qualities of a soil;
Amendment 225 #
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, or parts of the territory of multiple Member States when crossing borders, as delimited by that Member State in accordance with this Directive and in alignment with already existing national districts;
Amendment 225 #
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, or parts of the territory of multiple Member States when crossing borders, as delimited by that Member State in accordance with this Directive and in alignment with already existing national districts;
Amendment 228 #
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘soil health assessment’ means the evaluation of the health of the soil based on the measurement or estimation of a mix of soil descriptors, taking into account natural and historical circumstances;
Amendment 228 #
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘soil health assessment’ means the evaluation of the health of the soil based on the measurement or estimation of a mix of soil descriptors, taking into account natural and historical circumstances;
Amendment 239 #
Proposal for a directive
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘public concerned’ means the public affected or likely to be affected by soil degradation, or having an interest in the decision-making procedures related to the implementation of the obligations under this Directive, including land owners, land managers and land users, as well as non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law.
Amendment 239 #
Proposal for a directive
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘public concerned’ means the public affected or likely to be affected by soil degradation, or having an interest in the decision-making procedures related to the implementation of the obligations under this Directive, including land owners, land managers and land users, as well as non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law.
Amendment 253 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall establish soil districts throughout their territory, in consultation with local and (cross-) regional authorities, establish or use existing soil districts throughout their territory, or parts of the territory of multiple Member States when crossing borders.
Amendment 253 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall establish soil districts throughout their territory, in consultation with local and (cross-) regional authorities, establish or use existing soil districts throughout their territory, or parts of the territory of multiple Member States when crossing borders.
Amendment 259 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
The number of soil districts for each Member State shall as a minimum corresponddhere to correspond as closely as possible to the number of NUTS 1 territorial units established under Regulation (EC) No 1059/2003.
Amendment 259 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
The number of soil districts for each Member State shall as a minimum corresponddhere to correspond as closely as possible to the number of NUTS 1 territorial units established under Regulation (EC) No 1059/2003.
Amendment 265 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) land use or land cover as used in the Land Use/Cover Area frame statistical Survey (LUCAS) programme, or as used in the national programme already in place.
Amendment 265 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) land use or land cover as used in the Land Use/Cover Area frame statistical Survey (LUCAS) programme, or as used in the national programme already in place.
Amendment 278 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall designate the competent authorities responsible at an appropriate level, including at national, cross-regional or regional level, for carrying out the duties laid down in this Directive.
Amendment 278 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall designate the competent authorities responsible at an appropriate level, including at national, cross-regional or regional level, for carrying out the duties laid down in this Directive.
Amendment 279 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Member States shall designate onea competent authority for eachat appropriate level including at national or regional level for each, or several, soil district(s) established in accordance with Article 4.
Amendment 279 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Member States shall designate onea competent authority for eachat appropriate level including at national or regional level for each, or several, soil district(s) established in accordance with Article 4.
Amendment 300 #
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, anonymised and aggregated, to at least the available soil health data resulting from:
Amendment 300 #
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, anonymised and aggregated, to at least the available soil health data resulting from:
Amendment 303 #
Proposal for a directive
Article 6 – paragraph 8
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. The data should be aggregated and anonymised. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 303 #
Proposal for a directive
Article 6 – paragraph 8
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. The data should be aggregated and anonymised. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 307 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
When monitoring and assessing soil health, Member States shallmay apply a mix of the soil descriptors and soil health criteria listed in Annex I depending on the type of soil and usage.
Amendment 325 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall determine sampling points, in case of no existing sampling points, by applying the methodology set out in part A of Annex II.
Amendment 336 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 340 #
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 into account natural and historical circumstances of the soil.
Amendment 352 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point a
Article 9 – paragraph 2 – subparagraph 1 – point a
(a) the values for all minimum of one soil descriptors listed in part A of Annex I are showing a positive trend in meeting the criteria laid down therein and, where applicable, adapted in accordance with Article 7;
Amendment 356 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point b
Article 9 – paragraph 2 – subparagraph 1 – point b
(b) the values for all minimum of one soil descriptors listed in part B of Annex I are showing a positive trend towards meeting the criteria set in accordance with Article 7 (‘healthy soil’).
Amendment 362 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Amendment 368 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Soil is unconsidered to be less healthy where at least one3 of the criteria referred to in subparagraph 1 is not metare showing a negative trend (‘unhealthy soil’).
Amendment 377 #
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 publicland owner and land manager in accordance with Article 19.
Amendment 383 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Amendment 387 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Amendment 403 #
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, use and condition of soil, and natural and historical circumstances:
Amendment 417 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point a
Article 10 – paragraph 1 – subparagraph 1 – point a
(a) defining sustainable soil management practices respecting the sustainable soil management principles listed in Annex III to be gradually implemented on all managed soils and, o. 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 444 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Member States shall ensure easy access to impartial and independent advice on sustainable soil management, training activities and capacity building for soil managers, landowners, land managers and relevant authorities.
Amendment 457 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 493 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
Amendment 594 #
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 597 #
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 600 #
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 604 #
Proposal for a directive
Article 22
Article 22
Amendment 607 #
Proposal for a directive
Article 23
Article 23
Amendment 616 #
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 possible 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 healthyier by 2050. This evaluation shall take into account, inter alia, the following elements:
Amendment 623 #
Proposal for a directive
Article 24 – paragraph 1 – point d
Article 24 – paragraph 1 – point d
(d) an analysis of the gap towards achieving healthyier soils by 2050;
Amendment 637 #
Proposal for a directive
Annex I – Part A
Annex I – Part A
Aspect of soil Soil descriptor Criteria for healthy soil Land areas that shall be degradation condition excluded from achieving the the related criterion Part A: soil descriptors with criteria for healthy soil condition established at Union level Salinization Electrical < 4 dS m−1 when using Naturally saline land areas; Conductivity saturated soil paste extract Land areas directly affected by (deci-Siemens (eEC) measurement method, extract (eEC) by sea level rise per meter) or measurement method, or equivalent criterion if using another measurement measurement method Soil erosion Soil Soil erosion ≤ 2 t ha-1 y-1 Badlands and other unmanaged rate (tonnes per unmanaged natural land hectare per areas, except if they per hectare year) they represent a significant per year) disaster risk Loss of soil Soil Organic - For organic soils: respect No exclusion organic carbon Carbon (SOC) respect targets set for such soils carbon (SOC) concentration such soils at national level in concentration(g per kg) level in accordance with Article (g per kg) 4.1, 4.2, 9.4 of with Article 4.1, 4.2, 9.4 of Regulation (EU) …/…+ (EU) …/…+ - For mineral soils: Non-managed soils in natural SOC/Clay ratio > 1/13;to be natural land areas Member States may apply a corrective factor where specific soil types or climatic conditions justify it, taking into account the actual SOC content in permanent grasslands. Subsoil Bulk density Soil texture2 range Non-managed soils in natural compaction in subsoil sand, loamy <1.80 land areas (upper part of sand, sandy B or E loam, loam horizon1); Member Sandy clay <1.75 States may loam, loam, clay replace this loam, silt, silt descriptor loam with an silt loam, silty <1.65 equivalent clay loam parameter (g per cm3) Sandy clay, silty <1.58 clay, clay loam with 35-45% clay Clay <1.47 In case a Member State replaces the soil descriptor “bulk density in subsoil” with an equivalent parameter, it shall adopt a criterion for healthy soil condition for the chosen soil descriptor that is equivalent to the criterion set for “bulk density in subsoil”. set by the Member State taking into account local conditions; Member States may apply a corrective factor where specific soil types or climatic conditions justify it, taking into account the actual SOC content in permanent grasslands. Subsoil Bulk density in Soil texture2 range Non-managed soils in compaction subsoil (upper sand, loamy <1.80 natural land areas part of B or E sand, sandy horizon1); loam, loam Member States may replace Sandy clay <1.75 this descriptor loam, loam, clay with an loam, silt, silt equivalent loam parameter (g silt loam, silty <1.65 per cm3) clay loam Sandy clay, silty <1.58 clay, clay loam with 35-45% clay Clay <1.47 In case a Member State replaces the soil descriptor “bulk density in subsoil” with an equivalent parameter, it shall adopt a criterion for healthy soil condition for the chosen soil descriptor that is equivalent to the criterion set for “bulk density in subsoil”. __________________ + OP : please insert in the text the number of Regulation on nature restoration contained in document COM(2022) 304 1 As defined in the FAO Guidelines for Soil Description, Chapter 5 (https://www.fao.org/3/a0541e/a0541e.pdf ) 2 As defined in Arshad, M.A., B. Lowery, and B. Grossman. 1996. Physical tests for monitoring soil quality. p.123- 142. In: J.W. Doran and A.J. Jones (eds.) Methods for assessing soil quality. Soil Sci. Soc. Am. Spec. Publ. 49. SSSA, Madison, WI.
Amendment 644 #
Proposal for a directive
Annex I – Part B
Annex I – Part B
Part B: soil descriptors with criteria for healthy soil condition established at Member States level Excess nutrient Extractable < “maxinimum value”; No exclusion content in soilnutrient phosphorus (mg The “maxinimum value” per kg) shall be laid down by content in soil per kg) the Member State within the range 30-50 mg kg-1the Member State Soil - concentration of Reasonable assurance, No exclusion contamination of heavy heavy metals in obtained from soil point n metals in soil: soil: As, Sb, Cd, sampling, identification As, Sb, Cd, Co, Cr (total), Cr and investigation of (VI), Cou, Cr (total),Hg, Pb, contaminated sites and Cr (VI), Cu, Ni, Tl, V, Zn (µg any other relevant per kg) Hg, Pb, Ni, Tl, information, that no V, Zn (µg per unacceptable risk for kg) human health and the environment from soil contamination exists. - concentration of Habitats with naturally of a selection of high concentration of of organic heavy metals that are contaminants included in Annex I of established by Council Directive Member States 92/43/EEC3 shall and taking into remain protected. account existing existing concentration limits e.g. for water quality and and air emissions in Union air emissions in Union legislation Reduction of soil Soil water holding The estimated value for No exclusion soil capacity to retain holding capacity of the the total water holding water to retain soil sample (% ofof the soil capacity of a soil district water volume of water /sample (% of by river basin or volume of water subbasin is above the saturated soil)/ volume of minimal threshold. saturated soil) The minimal threshold shall be set (in tonnes) by the Member State at soil district and river basin or subbasin level at such a value that the impacts of floodings following intense rain events or of periods of low soil moisture due to drought events are mitigated. ______________________ 3 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
Amendment 689 #
Proposal for a directive
Annex III – paragraph 1 – point j
Annex III – paragraph 1 – point j
(j) in the case of crop cultivation, ensure crop rotation and crop diversity, taking into consideration different crop families, root systems, water and nutrient needs, and integrated pest management, ensuring that it is adapted to local climate and conditions;
Amendment 692 #
Proposal for a directive
Annex III – paragraph 1 – point k
Annex III – paragraph 1 – point k