51 Amendments of Sara CERDAS related to 2023/0232(COD)
Amendment 150 #
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to achieve healthy soils by 2050. As an intermediate step, in light of the limited knowledge about the condition of soils and about the effectiveness and costs of the measures to regenerate their health, the directive takes a staged approach. In the first stage the focus will be on setting up the soil monitoring framework and assessing the situation of soils throughout the EU. It also includes requirements to lay down measures to manage soils sustainably and regenerate unhealthy soils once their condition is established, but without imposing an obligation toin the aim of achieveing healthy soils by 2050 ne, wither 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 158 #
Proposal for a directive
Recital 27
Recital 27
(27) In order to describe soil degradation it is necessary to establish soil descriptors that can be measured or estimated. Even if there is significant variability between soil types, climatic conditions and land uses, the current scientific knowledge allows to set criteria at Union level for some of those soil descriptors. However, Member States should be able to adapt the criteria for some of these soil descriptors based on specific national or local conditions and define the criteria for other soil descriptors for which common criteria at EU level cannot be established at this stage. For those descriptors for which clear criteria that would distinguish between healthy and unhealthy condition cannot be identified now, only monitoring and assessment are required. This will facilitate the development of such criteria in future.
Amendment 183 #
Proposal for a directive
Recital 38
Recital 38
(38) Economic instruments, including those under the Common Agricultural Policy (CAP) that provide support to farmers, have a crucial role in the transition to the sustainable management of agricultural soils and, to a lesser extent, forest soils. The CAP aims to support soil health through the implementation of conditionality, eco-schemes and rural development measures. Financial support for farmers and foresters who apply sustainable soil management practices can also be generated by the private sector. Voluntary sustainability labels in the food, wood, bio-based, and energy industry, for example, established by private stakeholders, can take into account the sustainable soil management principles set out in this Directive. This can enable food, wood, and other biomass producers that follow those principles in their production to reflect these in the value of their products. Additional funding for a network of real-life sites for testing, demonstrating and upscaling of solutions, including on carbon farming, will be provided through the Soil Mission’s living labs and lighthouses. Without prejudice to the polluter pays principle, support and advice should be provided by Member States to help landowners and land users affected by action taken under this Directive taking into account, in particular, the needs and limited capacities of small and medium sized enterprises. Considering the heavy financial burden for risk assessment and remediation action, it would be proper to foresee in the next MFF a dedicated Fund for Soil.
Amendment 189 #
Proposal for a directive
Recital 43
Recital 43
(43) Contaminated sites are the legacy of decades of industrial activity in the EU and may lead to risks for human health and the environment now and in the future. IBuilding on the existing knowledge it is therefore necessary first to identify and investigate new potentially contaminated sites and then, in case of confirmed contamination, to assess the risks and take measures to address unacceptable risksthem. Soil investigation may prove that a potentially contaminated site is in fact not contaminated. In that case, the site should no longer be labelled by the Member State as potentially contaminated, unless contamination is suspected based on new evidence.
Amendment 192 #
Proposal for a directive
Recital 44
Recital 44
(44) To identify potentially contaminated sites, Member States should collect evidence among others through historical research, past industrial incidents and accidents, environmental permits, health surveys, and notifications by the public or authorities.
Amendment 193 #
(46) Flexibility for the management of potentially contaminated sites and contaminated sites is needed to take account of costs, benefits and local specificities. Member States should therefore at least adopt a risk-based approach for managing potentially contaminated sites and contaminated sites, taking into account the difference between these two categories, and which allows to allocate resources taking account of the specific environmental, economic and social context. Decisions should be taken based on the nature and extent of potential risks for human health and the environment resulting from exposure to soil contaminants (e.g. exposure of vulnerable populations such as pregnant women, persons with disabilities, elderly people and children). The cost-benefit analysis of undertaking remediation should be positivebalanced, taking into account the advantages for future generations. The optimum remediation solution should be sustainable and selected through a balanced decision-making process that takes account of the environmental, economic and social impacts. The management of potentially contaminated sites and contaminated sites should respect the polluter-pays, precautionary and proportionality principles. Member States should lay down the specific methodology for determining the site-specific risks of contaminated sites. Member States should also define what constitutes an unacceptable risk from a contaminated site based on scientific knowledge, the precautionary principle, local specificities, and current and future land use. In order to reduce the risks of contaminated sites to an acceptable level for human health and the environment, Member States should take adequate risk reduction measures including remediation. It should be possible to qualify measures taken under other Union legislation as risk reduction measures under this Directive when those measures effectively reduce risks posed by contaminated sites.
Amendment 200 #
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. 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. BecauseIf 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 213 #
Proposal for a directive
Recital 53
Recital 53
(53) The Commission should carry out an evidence-based evaluation and, where relevant, a revision of this Directive, 6 years after its entry into force on the basis of the results of the soil health assessment. The evaluation should assess in particular the need to set more specific requirements and binding intermediate targets 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 221 #
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, assessment, and sustainable management framework for all soils across the EU and to continuously improve soil health in the Union with the view to achieve healthy soils by 2050 and maintain soils in healthy condition, 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 226 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive lays down measures on:
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) measures on monitoring and, assessment, and improvement of soil health;
Amendment 231 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) measures on sustainable soil management;
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) measures on contaminated sites.
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(c a) - binding healthy soils targets;
Amendment 238 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Targets 1. In order to reach the healthy soils objective set out in Article 1, this Directive sets a binding target of 100% healthy soils across the Union by 2050. 2. This Directive also sets the following intermediate binding soil health targets: (a) a target of achieving 55 % healthy soils across the Union by 2035; (b) a target of achieving 70 % healthy soils across the Union by 2040; 3. The Union and its Member States shall take the necessary measures at Union, national and regional level, respectively, to enable the collective achievement of the healthy soils target set out in paragraph 1 and the soil health intermediate targets set out in paragraph 2 of this Article.
Amendment 248 #
(3) ‘ecosystem services’ means direct and indirect contributions of ecosystems to the economic, social, cultural and other benefits that people derive from those ecosystems;
Amendment 261 #
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 biodiversity and the ecosystem services provided by the soil without impairing the functions enabling those services, or being detrimental to other properties of the environment;
Amendment 265 #
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 soil descriptors;, based on three general categories: -healthy soil -moderately unhealthy soil -unhealthy soil
Amendment 280 #
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 substancesubstance or material in the soil in a concentration that may be harmful tolead, directly or indirectly, to harmful effects on human health or the environment;
Amendment 290 #
Proposal for a directive
Article 3 – paragraph 1 – point 26
Article 3 – paragraph 1 – point 26
(26) ‘soil remediation’ means a regeneration action that reduces, isolates or immobilizes contaminant concentrations in the soil below a toxicity threshold for which significant dangers for organisms in contact with that soil can be excluded, with the aim of achieving the status of healthy or moderately healthy soil.
Amendment 304 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
The number of soil districts for each Member State shall as a minimum correspond to the number of NUTS 12 territorial units established under Regulation (EC) No 1059/2003.
Amendment 318 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 (new)
Article 4 – paragraph 2 – subparagraph 1 (new)
Member States shall ensure that any water body used for abstraction of water intended for human consumption as defined in Directive (EU) 2020/2184 is covered in its entirety by a single soil district.
Amendment 350 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall, subject to agreement from Member States concerned, carry out regular soil measurements on soil samples taken in- situ, based on the relevant descriptors and methodologies referred to in Articles 7 and 8, to support Member States’ monitoring of soil health. Where a Member State provides agreement in accordance with this paragraph, it shall ensure that the Commission can carry out such in-situ soil sampling.
Amendment 373 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may adapt theintegrate new soil descriptors and the soil health criteria referred to in part A of Annex I, provided they are in accordance with the specifications referred to in the second and third columns in part A of Annex I.
Amendment 376 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Part A of Annex I with a list of key contaminants with thresholds set at EU-level, including substances identified as persistent, bioaccumulative, mobile and toxic, in accordance with relevant EU legislation. This list is to be included in part A of Annex I, at the latest during the first evaluation of this Directive.
Amendment 387 #
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex I in order to adapt its descriptors, indicators and criteria to scientific and technical progress to support the achievement of the overarching objective of this Directive.
Amendment 394 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that the first soil measurements are performed at the latest by… (OP: please insert the date = 43 years after date of entry into force of the Directive).
Amendment 396 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Member States shall ensure that new soil measurements are performed at least every 5 years or earlier, whenever soil status modification is suspected..
Amendment 410 #
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 BAnnex I. For the first assessment of soil health in line with paragraph 1 of this Article, Member States shall include at least one of the two soil biodiversity descriptors set out in part C of Annex I.
Amendment 419 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
Member States shall ensure that soil health assessments are performed at least every 5 years and that the first soil health assessment is performed by … (OP: please insert the date = 54 years after date of entry into force of the Directive).
Amendment 441 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – point b
Article 9 – paragraph 2 – subparagraph 1 – point b
(b) the values for all soil descriptors listed in part B and C of Annex I meet the criteria set in accordance with Article 7 (‘healthy soil’).
Amendment 448 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Soil is moderately unhealthy where at least one of the criteria referred to in subparagraph 1 is not met (‘unhealthy soil’). n at least one of the criteria referred to in subparagraph 1 is not met but: a) an analysis of the values of soil descriptors listed in part C of Annex I does not indicate a critical loss of ecosystem services, taking into account the relevant data and available scientific knowledge b) an analysis of the values of land take and soil sealing indicators listed in part D of Annex I does not indicate critical impacts on the loss of ecosystem services and on objectives and targets established under Regulation (EU) 2018/841. (‘ moderately unhealthy soil’). Soil is unhealthy where: a) at least one of the criteria referred to in subparagraph 1 is not met (‘unhealthy soil’). ; b) an analysis of the values of soil descriptors listed in part C of Annex I indicates a critical loss of ecosystem services, taking into account the relevant data and available scientific knowledge or c) an analysis of the values of land take and soil sealing indicators listed in part D of Annex I indicates critical impacts on the loss of ecosystem services and on objectives and targets established under Regulation (EU) 2018/841.
Amendment 469 #
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Competent authorities shall establish for each soil district a soil district plan that sets out short- and long- term measures, policy actions and targets to achieve measurable improvement of soil health condition, a the latest by (OP: please insert the date = 5 years after the date of entry into force of this Directive) in accordance with Annex VIIa (new), taking into account soil classification and obligations referred to in Article 7. Soil district plans shall be reviewed and updated at least every 5 years in accordance with Annex VIIa (new). When preparing the soil district plans competent authorities shall ensure that all relevant stakeholders can duly participate in the process. The soil district plans shall be made available to the public free of charge by means of easily accessible media and communication channels. online by the respective Member State.
Amendment 475 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Member States shall set up a mechanism for a voluntary soil health certification for land owners and managers pursuant to the conditions in paragraph 2 of this Article.
Amendment 494 #
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 = 42 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:
Amendment 503 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point a a (new)
Article 10 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) use of the Good Agricultural and Environmental Conditions (GAECs) as referred to in Regulation (EU) 2021/2115, on sustainable soil management practices (GAECs 5, 6 & 7), on climate change (GAECs 1, 2 & 3), on water (GAEC 4) and on biodiversity (GAECs 8 & 9) as a basis for the definition of sustainable soil management practices by each Member State in accordance with this paragraph;
Amendment 536 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
Member States shall reduce land take in order to achieve the target of zero net land take by 2050. For that purpose, Member States shall ensure that the following principles are respected in case of land take:
Amendment 540 #
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 and economically possible the loss of the capacity of the soil to provide multiple ecosystem services, including food production, by:
Amendment 545 #
Proposal for a directive
Article 11 – paragraph 1 – point a – point i
Article 11 – paragraph 1 – point a – point i
(i) reducing the area affected by the land take to the extent possible and
Amendment 558 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) compensate as much as possible the loss of soil capacity to provide multiple ecosystem services.
Amendment 595 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that all potentially contaminated sites are identified by (OP: please insert date = 75 years after date of entry into force of the Directive) and are duly recorded in the register referred to in Article 16 by that date.
Amendment 599 #
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. 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.` Potentially contaminated sites located in areas used for the abstraction of water for human consumption shall be prioritised for investigation.
Amendment 617 #
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 1 (new)
Article 15 – paragraph 5 – subparagraph 1 (new)
Amendment 622 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By … (OP : please insert date = 43 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 641 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c – point ii a (new)
Article 18 – paragraph 1 – subparagraph 1 – point c – point ii a (new)
(ii a) improving soil health within Member State in accordance with Article 9(4a)
Amendment 644 #
Proposal for a directive
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
(a) an up-to-date list and spatial data of their soil districts referred to in Article 4 by … (OP: please insert the date = 2 years and 3 months after date of entry into force of the Directive) and their respective district plans;
Amendment 662 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 7, 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 665 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The delegation of power referred to in Articles 7, 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 670 #
Proposal for a directive
Article 20 – paragraph 6
Article 20 – paragraph 6
6. A delegated act adopted pursuant to Articles 7, 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 714 #
Proposal for a directive
Article 24 – paragraph 1 – point e – point i
Article 24 – paragraph 1 – point e – point i
(i) the definition of healthy and moderately unhealthy soils;
Amendment 750 #
Proposal for a directive
Annex VII a (new)
Annex VII a (new)
Annex VII a (new) Soil district plans A.Soil district plans shall include at least he following: 1.The results of the monitoring activities and of the assessment of the soil health in accordance with Article 9; 2.Short-, medium and long-term measures and policy actions to achieve the objective of healthy soils within the relevant soil district; 3.Sustainable soil management practices and the regeneration practices defined by the relevant Member State in accordance with Article 10(1)(a) and a timetable for their implementation; 4.The practices negatively affecting soil health defined by the relevant Member State in accordance with Article 10(1)(b) to be avoided within the soil district and a timetable for their cessation; 5.A a summary of the process for establishing the soil district plan, the public information and consultation measures taken, including an explanation of how the outcome of the public participation was taken into account. B.The first update of the soil district plan and all subsequent updates shall also include: 1.An assessment of the progress made within the soil district towards achieving its objectives in accordance with Article 1a and 9(4a); 2. Any significant changes in the practices and measures or their implementation timetable.