54 Amendments of Atidzhe ALIEVA-VELI related to 2023/0232(COD)
Amendment 103 #
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to aim to achieve healthy soils by 2050. As an intermediate step, in light of the limited knowledge about the condition of soils and about the effectiveness and costs of the measures to regenerate their health, the directive takes a staged approach. In the first stage the focus will be on setting up the soil monitoring framework and assessing the situation of soils throughout the EU. It also includes requirements to lay down measures to manage soils sustainably and regenerate unhealthy soils once their condition is established, but without imposing an obligation to achieve healthy soils by 2050 neither intermediate targets. This proportionate approach will allow sustainable soil management and regeneration of unhealthy soils to be well prepared, incentivised and set in motion. In a second stage, as soon as the results of the first assessment of soils and trends analysis are available, the Commission will take stock of the progress towards the 2050 objective and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards 2050.
Amendment 103 #
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to aim to achieve healthy soils by 2050. As an intermediate step, in light of the limited knowledge about the condition of soils and about the effectiveness and costs of the measures to regenerate their health, the directive takes a staged approach. In the first stage the focus will be on setting up the soil monitoring framework and assessing the situation of soils throughout the EU. It also includes requirements to lay down measures to manage soils sustainably and regenerate unhealthy soils once their condition is established, but without imposing an obligation to achieve healthy soils by 2050 neither intermediate targets. This proportionate approach will allow sustainable soil management and regeneration of unhealthy soils to be well prepared, incentivised and set in motion. In a second stage, as soon as the results of the first assessment of soils and trends analysis are available, the Commission will take stock of the progress towards the 2050 objective and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards 2050.
Amendment 115 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to have a common definition of healthy soil condition, there is a need to define a minimum common set of measurable criteria, which, if not respected leads to a critical loss in the soil’s capacity to function as a vital living system and to provide ecosystem services, including agriculture, food production and sustainable soil monitoring. Such criteria should reflect and be based on the existing level of soil science and duly taking into account the socio economic effects.
Amendment 115 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to have a common definition of healthy soil condition, there is a need to define a minimum common set of measurable criteria, which, if not respected leads to a critical loss in the soil’s capacity to function as a vital living system and to provide ecosystem services, including agriculture, food production and sustainable soil monitoring. Such criteria should reflect and be based on the existing level of soil science and duly taking into account the socio economic effects.
Amendment 141 #
Proposal for a directive
Recital 37
Recital 37
(37) To maintain or enhance soil health, soils need to be managed sustainably. Sustainable soil management will enable the long-term provision of soil services, including improved air and water quality and food security. It is therefore appropriate to lay down an indicative list of sustainable soil management principles to guide soil management practices.
Amendment 141 #
Proposal for a directive
Recital 37
Recital 37
(37) To maintain or enhance soil health, soils need to be managed sustainably. Sustainable soil management will enable the long-term provision of soil services, including improved air and water quality and food security. It is therefore appropriate to lay down an indicative list of sustainable soil management principles to guide soil management practices.
Amendment 144 #
Proposal for a directive
Recital 38
Recital 38
(38) Economic instruments, including those under the Common Agricultural Policy (CAP) that provide support to farmers, have a crucial role in the transition to the sustainable management of agricultural soils and, to a lesser extent, forest soils. The CAP aims to support soil health through the implementation of conditionality, eco-schemes and rural development measures. Financial support for farmers and foresters who apply sustainable soil management practices can also be generated by the private sector. Voluntary sustainability labels in the food, wood, bio-based, and energy industry, for example, established by private stakeholders, can take into account the sustainable soil management principles set out in this Directive. This can enable food, wood, and other biomass producers that follow those principles in their production to reflect these in the value of their products. Additional funding for a network of real- life sites for testing, demonstrating and upscaling of solutions, including on carbon farming, will be provided through the Soil Mission’s living labs and lighthouses. Without prejudice to the polluter pays principle, support and advice should be provided by Member States to help landowners and land users affected by action taken under this Directive taking into account, in particular, the needs and limited capacities of small and medium sized enterprises.
Amendment 144 #
Proposal for a directive
Recital 38
Recital 38
(38) Economic instruments, including those under the Common Agricultural Policy (CAP) that provide support to farmers, have a crucial role in the transition to the sustainable management of agricultural soils and, to a lesser extent, forest soils. The CAP aims to support soil health through the implementation of conditionality, eco-schemes and rural development measures. Financial support for farmers and foresters who apply sustainable soil management practices can also be generated by the private sector. Voluntary sustainability labels in the food, wood, bio-based, and energy industry, for example, established by private stakeholders, can take into account the sustainable soil management principles set out in this Directive. This can enable food, wood, and other biomass producers that follow those principles in their production to reflect these in the value of their products. Additional funding for a network of real- life sites for testing, demonstrating and upscaling of solutions, including on carbon farming, will be provided through the Soil Mission’s living labs and lighthouses. Without prejudice to the polluter pays principle, support and advice should be provided by Member States to help landowners and land users affected by action taken under this Directive taking into account, in particular, the needs and limited capacities of small and medium sized enterprises.
Amendment 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 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 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 241 #
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 degradcontamination, or having an interest in the decision-making procedures related to the implementation of the obligations under this Directive, including land owners 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 241 #
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 degradcontamination, or having an interest in the decision-making procedures related to the implementation of the obligations under this Directive, including land owners 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 255 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shallmay establish soil districts throughout their territory.
Amendment 255 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shallmay establish soil districts throughout their territory.
Amendment 256 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 256 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 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 284 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall establish a monitoring framework that may be based on the soil districts established in accordance with Article 4(1), to ensure that regular and accurate monitoring of soil health is carried out in accordance with this Article and Annexes I and II.
Amendment 284 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall establish a monitoring framework that may be based on the soil districts established in accordance with Article 4(1), to ensure that regular and accurate monitoring of soil health is carried out in accordance with this Article and Annexes I and II.
Amendment 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 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 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 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 334 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Member States shall ensure that the value of the land take and soil sealing indicators are updated at least every2 years.
Amendment 342 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Member States shall assess the soil health in all their soil districtson a national level, the soil health relating to the intended function of their soils. This assessment may be based on the data collected in the context of the monitoring referred to in Articles 6, 7 and 8 for each of the soil descriptors referred to in Parts A and B of Annex I.
Amendment 346 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 371 #
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Member States shall analyse the values for the soil descriptors listed in part C of Annex I and assess whether there is a critical loss of ecosystem services relating to the intended function of the soil, taking into account the relevant data and available scientific knowledge.
Amendment 372 #
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
Member States shall analyse the values of land take and soil sealing indicators listed in part D of Annex I and assess their impact on the loss of ecosystem services and on the objectives and targets establishrelating to the intended funder Regulation (EU) 2018/841ction of the soil.
Amendment 378 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Based on the assessment of soil health carried out in accordance with this Article, the competent authority shall, where relevant in coordination with local, regional, national authorities, identify, in each soil district, the areas which present unhealthy soils and inform the public in accordance with Article 19in relation to the intended function of the soil.
Amendment 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 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 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 610 #
Proposal for a directive
Article 23
Article 23
Amendment 631 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by … [OP please insert date = 25 years after date of entry into force of the Directive]. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 633 #
Proposal for a directive
Annex I – paragraph 1 a (new)
Annex I – paragraph 1 a (new)
Member States may exclude the soil descriptors relating to the nutrient content in soils from Part B and Part C from this annex, considering that Directive 2000/60/EC and Directive 91/676/EEC are already targeted at the sustainable management of nutrients.
Amendment 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 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