Sittings · Document

Draft report (COM(2023)0416 – C9-0234/2023 – 2023/0232(COD)) 2023-11-27

Soil Monitoring and Resilience (Soil Monitoring Law)

Committee on the Environment, Public Health and Food Safety

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AM_Com_LegReport

Amendment 126

Silvia Modig

Proposal for a directive

Title 1

Text proposed by the Commission

Amendment

Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon Soil Monitoring and Resilience (Soil Monitoring Law)

Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon Soil Monitoring, Resilience and Health (Soil Health Law)

Or. en

Amendment 127

Ljudmila Novak

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

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

(1) Soil is a vital, limited, non-renewable and irreplaceable resource that is an essential factor in production and crucial for the economy, the environment and the society.

Or. sl

Amendment 128

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

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

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

Or. de

Amendment 129

Stanislav Polčák

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

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

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

Or. cs

Amendment 130

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

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

Or. de

Amendment 131

Silvia Modig

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission

Amendment

(11 a) To ensure the implementation of this Directive, adequate investments for soil monitoring and restoration is essential. Therefore, the Commission should, by 12 months from its entry into force and in consultation with Member States, present a report with an analysis identifying any gaps in implementing this Directive. That report should be accompanied, where appropriate, by proposals for adequate measures, including financial measures to address the gaps identified, such as the establishment of dedicated funding and without prejudging the prerogatives of the co-legislators for the adoption of the next multiannual financial framework post 2027.

Or. en

Amendment 132

Ljudmila Novak

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(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 the degradation continues, despite the limited and uneven action 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, for the protection and sustainable use of soil, addressing all major soil threats.

(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. The Commission would also propose intermediate targets. 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 the degradation continues, despite the limited and uneven action 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, 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)).

Or. sl

Amendment 133

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17) The Commission’s Communication on safeguarding food security and reinforcing the resilience of food systems47stressed that food sustainability is fundamental for food security. Healthy soils make the Union food system more resilient by providing the basis for nutritious and sufficient food.

(17) The Commission’s Communication on safeguarding food security and reinforcing the resilience of food systems47 stressed that food sustainability is fundamental for food security. Healthy soils make the Union food system more resilient by providing the basis for nutritious and sufficient food. The Common Agricultural Policy provides a harmonised framework to ensure food supply security.

_________________

47 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 final.

Or. de

Amendment 134

Silvia Modig

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18) It is necessary to set 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.

(18) It is vital to set appropriate measures for Union-wide harmonised monitoring and assessment of 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.

Or. en

Amendment 135

Maria Arena

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19) Soils host more than 25% of all biodiversity and are the second largest carbon pool of the planet. Due to their ability to capture and store carbon, healthy soils contribute to the achievement of the Union’s objectives on climate change. Healthy soils also provide a favourable habitat for organisms to thrive and are crucial for enhancing biodiversity and the stability of ecosystems. Biodiversity below and above ground are intimately connected and interact through mutualistic relationships (e.g. mycorrhizal fungi that connect plant roots).

(19) Soils host more than 25% of all biodiversity and are the second largest carbon pool of the planet. Due to their ability to capture and store carbon, healthy soils contribute to the achievement of the Union’s objectives on climate change. Soil biodiversity encompasses microorganisms, including bacteria, fungi, protozoa and nematodes, as well as larger organisms such as earthworms, insects, and plant roots. These organisms collectively contribute to the ecological and functional diversity of soil ecosystems. They are vital in the soil’s capacity to regulate water, carbon and nutrient cycles and therefore to provide food and establish food security. Healthy soils also provide a favourable habitat for organisms to thrive and are crucial for enhancing biodiversity and the stability of ecosystems. Biodiversity below and above ground are intimately connected and interact through mutualistic relationships (e.g. mycorrhizal fungi that connect plant roots).

Or. en

Amendment 136

Silvia Modig

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19) Soils host more than 25% of all biodiversity and are the second largest carbon pool of the planet. Due to their ability to capture and store carbon, healthy soils contribute to the achievement of the Union’s objectives on climate change. Healthy soils also provide a favourable habitat for organisms to thrive and are crucial for enhancing biodiversity and the stability of ecosystems. Biodiversity below and above ground are intimately connected and interact through mutualistic relationships (e.g. mycorrhizal fungi that connect plant roots).

(19) Soils host more than 25% of all biodiversity and are the second largest carbon pool of the planet. Due to their ability to capture and store carbon, healthy soils contribute to the achievement of the Union’s objectives on climate change. Soil biodiversity encompasses microorganisms, including bacteria, fungi, protozoa and nematodes, as well as larger organisms such as earthworms, insects, and plant roots, which collectively contribute to the ecological and functional diversity of soil ecosystems. Healthy soils provide a favourable habitat for organisms to thrive and are crucial for enhancing biodiversity and the stability of ecosystems. Biodiversity below and above ground are intimately connected and interact through mutualistic relationships (e.g. mycorrhizal fungi that connect plant roots).

Or. en

Amendment 137

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19) Soils host more than 25% of all biodiversity and are the second largest carbon pool of the planet. Due to their ability to capture and store carbon, healthy soils contribute to the achievement of the Union’s objectives on climate change. Healthy soils also provide a favourable habitat for organisms to thrive and are crucial for enhancing biodiversity and the stability of ecosystems. Biodiversity below and above ground are intimately connected and interact through mutualistic relationships (e.g. mycorrhizal fungi that connect plant roots).

(19) Soils host more than 25% of all biodiversity and are the second largest carbon pool of the planet. Due to their ability to capture and store carbon, healthy soils contribute to the achievement of the Union’s objectives on climate change. Healthy soils also provide a favourable habitat for organisms to thrive and are crucial for enhancing biodiversity and the stability of ecosystems.

Or. de

Amendment 138

Maria Arena

Proposal for a directive

Recital 19 a (new)

Text proposed by the Commission

Amendment

(19 a) Soil organic matter is crucial for the provision of soil ecosystem services and functions, by reducing soil degradation, erosion and compaction, while increasing buffering, water holding and cation exchange capacity of the soil and soil organic carbon, which ultimately could increase crop yields. Additionally, soil organic matter positively affects soil biodiversity and could increase the carbon sequestered in soils, thereby contributing to climate change mitigation.

Or. en

Amendment 139

Silvia Modig

Proposal for a directive

Recital 19 a (new)

Text proposed by the Commission

Amendment

(19 a) Soil biodiversity is an essential component of overall biodiversity. It plays a fundamental role in maintaining ecosystem functions and services. Soil communities are vital in providing nutritious food and clean water, in regulating water and climate and in supporting carbon and nutrient cycling.

Or. en

Amendment 140

Silvia Modig

Proposal for a directive

Recital 19 b (new)

Text proposed by the Commission

Amendment

(19 b) Soil organic matter is crucial for the provision of soil ecosystem services and functions, by reducing soil degradation, erosion and compaction, while increasing buffering, water holding and cation exchange capacity of the soil and soil organic carbon, which ultimately could increase crop yields. Additionally, soil organic matter positively affects soil biodiversity and could increase the carbon sequestered in soils, thereby contributing to climate change mitigation.

Or. en

Amendment 141

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 21 a (new)

Text proposed by the Commission

Amendment

(21 a) PFAS ( Per- and polyfluoroalkyl substances) have been frequently observed to contaminate groundwater, surface water as well as soil. They may alter soil properties and structures, with some of the reported effects including decrease in soil respiration and water stable aggregates, and increase in soil pH.

Or. en

Amendment 142

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

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

Or. en

Amendment 143

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

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

Or. de

Amendment 144

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 22 a (new)

Text proposed by the Commission

Amendment

(22 a) The Mission board for Soil Health and Food has advocated to aim for 75% of the soils of the European Union (EU) to be healthy or improving by 2030.

Or. en

Amendment 145

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 22 b (new)

Text proposed by the Commission

Amendment

(22 b) The development of organic agriculture is key to improve soil health in agriculture. The holistic and systemic approach of organic farming sustains important soil functions and delivers environmental benefits. Organic agriculture offers multiple solutions by building soil fertility while protecting biodiversity, ensuring good water quality, preventing pollution by refraining from the use of synthetic pesticides and fertilizers and storing carbon in soils, therefore contributing to climate mitigation and adaptation. Organic farming and other agroecological approaches should be incentivized to achieve the objectives of this Directive.

Or. en

Amendment 146

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

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

Or. de

Amendment 147

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(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 for Member States to put forward recommendations on how to manage soils sustainably and to 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.

Or. en

Amendment 148

Ljudmila Novak

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

Or. sl

Amendment 149

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(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. 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 2035 and 2050 objectives and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards those objectives.

Or. en

Amendment 150

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(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, in the aim of achieving healthy soils by 2050, with 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.

Or. en

Amendment 151

Maria Arena

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(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, with the aim to achieve healthy soils by 2050 and establish 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.

Or. en

Amendment 152

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(24) Addressing the pressures on soils and identifying the appropriate measures to maintain or regenerate soil health requires that the variety of soil types, the specific local and climatic conditions and the land use or the land cover is taken into account. It is therefore appropriate that Member States establish soil districts. Soil districts should constitute the basic governance units to manage soils and to take measures to comply with the requirements laid down in this Directive, in particular with regard to the monitoring and assessment of soil health. The number, geographic extent and boundaries of soil districts for each Member State should be determined in order to facilitate the implementation of Regulation (UE) …/…. of the European Parliament and of the Council48 . There should be a minimum number of soil districts in each Member State taking into account the size of the Member State. This minimum number of soil districts for each Member State shall correspond to the number of NUTS 1 territorial units established in Regulation (EC) No 1059/2003 of the European Parliament and of the Council49 .

(24) Addressing the pressures on soils and identifying the appropriate measures to maintain or regenerate soil health requires that the variety of soil types, the specific local and climatic conditions and the land use or the land cover is taken into account. It is therefore appropriate that Member States consider to establish soil districts. Soil districts should constitute the basic governance units to manage soils and to take measures to comply with the requirements laid down in this Directive, in particular with regard to the monitoring and assessment of soil health. The number, geographic extent and boundaries of soil districts for each Member State should be determined in order to facilitate the implementation of Regulation (UE) …/…. of the European Parliament and of the Council48 . There should be a minimum number of soil districts in each Member State taking into account the size of the Member State. This minimum number of soil districts for each Member State shall correspond to the number of NUTS 1 territorial units established in Regulation (EC) No 1059/2003 of the European Parliament and of the Council49 .

_________________

48 +OP please insert in the text the number of the Regulation on the carbon removal certification contained in document COM(2022) 672 final and insert the number, date, title and OJ reference of that Directive in the footnote.

49 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).

Or. en

Amendment 153

Ljudmila Novak

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(25) In order to ensure an appropriate governance on soils, Member States should be required to appoint a competent authority for each soil district. Member States should be allowed to appoint any additional competent authority at appropriate level including at national or regional level. In order to keep costs under control, Member States should primarily appoint authorities that are already set up (working). One authority may be responsible for several areas, which can improve consistency in the implementation of the Directive and reduce costs through synergies and economies of scale.

Or. sl

Amendment 154

Stanislav Polčák

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(Does not affect the English version.)

Or. cs

Amendment 155

Anders Vistisen, Aurélia Beigneux

on behalf of the ID Group

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

Or. en

Amendment 156

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(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. Such criteria should reflect and be based on the existing level of soil science.

Or. en

Amendment 157

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(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.

(27) In order to describe soil degradation it is necessary to establish soil descriptors that can be measured or estimated. Member States should adapt the criteria of these soil descriptors based on specific national or local conditions. 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.

Or. en

Amendment 158

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

Or. en

Amendment 159

Ondřej Knotek

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(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. The assessment of soil health should be based on a Soil Health Index relying on multiple indicators and reflecting the overall health and quality of the soil. The Commission should be empowered to adopt a delegated act to establish the Soil Health Index.

Or. en

Amendment 160

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28) In order to create incentives, Member States should set up mechanisms to recognize the efforts of landowners and land managers to maintain the soil in healthy condition, including in the form of soil health certification complementary to the Union regulatory framework for carbon removals, and supporting the implementation of the renewable energy sustainability criteria set out in article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council50. The Commission should facilitate soil health certification by inter alia exchanging information and promoting best practices, raising awareness and assessing feasibility of developing recognition of certification schemes at Union level. Synergies between different certification schemes should be exploited as much as possible to reduce administrative burden for those applying for relevant certifications.

deleted

_________________

50 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast) (OJ L 328, 21.12.2018, p. 82).

Or. de

Amendment 161

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28) In order to create incentives, Member States should set up mechanisms to recognize the efforts of landowners and land managers to maintain the soil in healthy condition, including in the form of soil health certification complementary to the Union regulatory framework for carbon removals, and supporting the implementation of the renewable energy sustainability criteria set out in article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council50 . The Commission should facilitate soil health certification by inter alia exchanging information and promoting best practices, raising awareness and assessing feasibility of developing recognition of certification schemes at Union level. Synergies between different certification schemes should be exploited as much as possible to reduce administrative burden for those applying for relevant certifications.

(28) In order to create incentives, Member States should set up mechanisms to recognize the efforts of landowners and land managers to maintain the soil in healthy condition, to help with the implementation of the Union regulatory framework for carbon removals, and supporting the implementation of the renewable energy sustainability criteria set out in article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council50 .

_________________

50 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast) (OJ L 328, 21.12.2018, p. 82).

Or. en

Amendment 162

Ljudmila Novak

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28) In order to create incentives, Member States should set up mechanisms to recognize the efforts of landowners and land managers to maintain the soil in healthy condition, including in the form of optional soil health certification complementary to the Union regulatory framework for carbon removals, and supporting the implementation of the renewable energy sustainability criteria set out in article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council50. The Commission should facilitate soil health certification by inter alia exchanging information and promoting best practices, raising awareness and assessing feasibility of developing recognition of certification schemes at Union level. Synergies between different certification schemes should be exploited as much as possible to reduce administrative burden for those applying for relevant certifications.

_________________

50 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast) (OJ L 328, 21.12.2018, p. 82).

Or. sl

Amendment 163

Stanislav Polčák

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28) In order to create incentives, Member States should set up mechanisms to recognize the efforts of landowners and land users to maintain the soil in healthy condition, including in the form of soil health certification complementary to the Union regulatory framework for carbon removals, and supporting the implementation of the renewable energy sustainability criteria set out in article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council. The Commission should facilitate soil health certification by inter alia exchanging information and promoting best practices, raising awareness and assessing feasibility of developing recognition of certification schemes at Union level. Synergies between different certification schemes should be exploited as much as possible to reduce administrative burden for those applying for relevant certifications.

_________________

50 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast) (OJ L 328, 21.12.2018, p. 82).

Or. cs

Amendment 164

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 30

Text proposed by the Commission

Amendment

(30) Soil is a limited resource subject to an ever-growing competition for different uses. Land take is a process often driven by economic development needs, that transforms natural and semi-natural areas (including agricultural and forestry land, gardens and parks) into artificial land development, using soil as a platform for constructions and infrastructure, as a direct source of raw material or as archive for historic patrimony. This transformation may cause the loss, often irreversibly, of the capacity of soils to provide other ecosystem services (provision of food and biomass, water and nutrients cycling, basis for biodiversity and carbon storage). In particular, land take often affects the most fertile agricultural soils, putting food security in jeopardy. Sealed soil also exposes human settlements to higher flood peaks and more intense heat island effects. Therefore, it is necessary to monitor land take and soil sealing and their effects on soil’s capacity to provide ecosystem services. It is also appropriate to lay down certain principles to mitigate the impacts of land take as part of sustainable soil management.

(30) Soil is a limited resource subject to an ever-growing competition for different uses. Land take is a process often driven by economic development needs, that transforms natural and semi-natural areas (including agricultural and forestry land, gardens and parks) into artificial land development, using soil as a platform for constructions and infrastructure, as a direct source of raw material or as archive for historic patrimony. This transformation may cause the loss, often irreversibly, of the capacity of soils to provide other ecosystem services (provision of food and biomass, water and nutrients cycling, basis for biodiversity and carbon storage). In particular, land take often affects the most fertile agricultural soils, putting food security in jeopardy. Sealed soil also exposes human settlements to higher flood peaks and more intense heat island effects. Therefore, it is necessary to monitor land take and soil sealing and their effects on soil’s capacity to provide ecosystem services and take appropriate mesures to address land take and soil sealing. It is also appropriate to lay down certain principles to mitigate the impacts of land take as part of sustainable soil management. In its resolution of 28 April 2021 on soil protection, the European Parliament emphasised that a common framework for soil should also consist of provisions regarding the mapping of risk areas and of contaminated, brownfield and abondoned sites.

Or. en

Amendment 165

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Recital 30

Text proposed by the Commission

Amendment

Or. en

Amendment 166

Stanislav Polčák

Proposal for a directive

Recital 30

Text proposed by the Commission

Amendment

(Does not affect the English version.)

Or. cs

Amendment 167

Ljudmila Novak

Proposal for a directive

Recital 31

Text proposed by the Commission

Amendment

(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.

Or. sl

Amendment 168

Ljudmila Novak

Proposal for a directive

Recital 32

Text proposed by the Commission

Amendment

(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, 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.

(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, Member States should be allowed to take into account the soil health data surveyed under the enhanced LUCAS soil. The Member States which opt for such support should make the necessary legal arrangements to ensure that the Commission can carry out such in-situ soil sampling, including on privately owned fields, with the agreement of the owners, and in compliance with applicable national or Union legislation.

Or. sl

Amendment 169

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Recital 32

Text proposed by the Commission

Amendment

(32) As a complement to already existing national inventories, the Commission may 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, 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 and in compliance with applicable national or Union legislation

Or. en

Amendment 170

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Recital 33

Text proposed by the Commission

Amendment

(33) The Commission is developing remote sensing services in the context of Copernicus as a user-driven programme, hereby also supporting Member States. In order to increase the timeliness and effectiveness of soil health monitoring, and where relevant, Member States should use remote sensing data including outputs from the Copernicus services for monitoring relevant soil descriptors and for assessing soil health. The Commission and the European Environment Agency should support exploring and developing soil remote sensing products, to assist the Member States in monitoring the relevant soil descriptors.

(33) The Commission is developing remote sensing services in the context of Copernicus as a user-driven programme, hereby also supporting Member States. In order to increase the timeliness and effectiveness of soil health monitoring, and where relevant, Member States may use remote sensing data including outputs from the Copernicus services for monitoring relevant soil descriptors and for assessing soil health. The Commission and the European Environment Agency should support exploring and developing soil remote sensing products, to assist the Member States in monitoring the relevant soil descriptors.

Or. en

Amendment 171

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Recital 34

Text proposed by the Commission

Amendment

(34) Building on and upgrading the existing EU soil observatory, the Commission should establish a digital soil health data portal that should be compatible with the EU Data Strategy51and the EU data spaces and which should be a hub providing access to soil data coming from various sources. That portal should primarily include all the data collected by the Member States and the Commission as required by this Directive. It should also be possible to integrate in the portal, on a voluntary basis, other relevant soil data collected by Member States or any other party (and in particular data resulting from projects under Horizon Europe and the Mission ‘A Soil Deal for Europe’), provided that those data meet certain requirements as regards format and specifications. Those requirements should be specified by the Commission by way of implementing acts.

deleted

_________________

51 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a European strategy for data, COM(2020)66 final.

Or. de

Amendment 172

Ljudmila Novak

Proposal for a directive

Recital 34

Text proposed by the Commission

Amendment

(34) Building on and upgrading the existing EU soil observatory, the Commission should establish a digital soil health data portal that should be compatible with the EU Data Strategy51 and the EU data spaces and which should be a hub providing access to soil data coming from various sources. That portal should primarily include all the data collected by the Member States and the Commission as required by this Directive. It should also be possible to integrate in the portal, on a voluntary basis, other relevant soil data collected by Member States or any other party (and in particular data resulting from projects under Horizon Europe and the Mission ‘A Soil Deal for Europe’), provided that those data meet certain requirements as regards format and specifications. This data should be made publicly available in a format that can be used by landowners, the research community and the public. Those requirements should be specified by the Commission by way of implementing acts.

_________________

Or. sl

Amendment 173

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Recital 36

Text proposed by the Commission

Amendment

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

deleted

Or. de

Amendment 174

María Soraya Rodríguez Ramos, Michal Wiezik

Proposal for a directive

Recital 36

Text proposed by the Commission

Amendment

Or. en

Amendment 175

Martin Hojsík, Róża Thun und Hohenstein, María Soraya Rodríguez Ramos, Ulrike Müller, Michal Wiezik

Proposal for a directive

Recital 36

Text proposed by the Commission

Amendment

(36) In order to make the widest possible use of soil health data generated by the monitoring carried out under this Directive, Member States should be required to facilitate the access to such data which remain open for research purposes and for relevant stakeholders such as farmers, foresters, land owners, advisors working within the farm advisory system and local authorities.

Or. en

Justification

Rapporteur added to AM 16 in his report "research purposes" to facilitate innovation and smart use of data, e.g. under conditions of their use such as publication of anonymized data, both in terms of personal data and spatial location, in order to achieve balance between open data and confidentiality.

Amendment 176

Stanislav Polčák

Proposal for a directive

Recital 36

Text proposed by the Commission

Amendment

Or. cs

Amendment 177

Beatrice Covassi

Proposal for a directive

Recital 36

Text proposed by the Commission

Amendment

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

Or. en

Amendment 178

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Recital 37

Text proposed by the Commission

Amendment

(37) To maintain or enhance soil health, soils need to be managed sustainably. Sustainable soil management will enable the long-term provision of soil services, including improved air and water quality and food security. It is therefore appropriate to lay down sustainable soil management principles to guide soil management practices.

deleted

Or. de

Amendment 179

Silvia Modig

Proposal for a directive

Recital 37

Text proposed by the Commission

Amendment

(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, climate change mitigation and adaptation, pollution prevention and control and food security. It is therefore appropriate to lay down sustainable soil management principles to guide soil management practices.

Or. en

Amendment 180

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Recital 37

Text proposed by the Commission

Amendment

(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 can therefore be appropriate for Member States to recommend sustainable soil management principles in order to guide soil managers.

Or. en

Amendment 181

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 37

Text proposed by the Commission

Amendment

(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 and implement sustainable soil management principles to guide soil management practices.

Or. en

Amendment 182

Francesca Peppucci, Massimiliano Salini, Fulvio Martusciello

Proposal for a directive

Recital 38

Text proposed by the Commission

Amendment

(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.

(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 supports soil health through the implementation of conditionality, eco-schemes and rural development measures as part of sustainable soil management practices without additional burdens on farmers. Any additional burdens on farmers will have to be supported by adequate resources. Financial support for farmers and foresters who apply sustainable soil management practices can also be generated by the private sector. 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.

Or. en

Amendment 183

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Recital 38

Text proposed by the Commission

Amendment

Or. en

Amendment 184

Stanislav Polčák

Proposal for a directive

Recital 38

Text proposed by the Commission

Amendment

(Does not affect the English version.)

Or. cs

Amendment 185

Stanislav Polčák

Proposal for a directive

Recital 39

Text proposed by the Commission

Amendment

(39) Pursuant to Regulation (EU) 2021/2115 of the European Parliament and of the Council52, Member States have to describe in their CAP Strategic Plans how the environmental and climate architecture of those Plans is meant to contribute to the achievement of, and be consistent with, the long-term national targets set out in, or deriving from, the legislative acts listed in Annex XIII to that Regulation.

(39) Pursuant to Regulation (EU) 2021/2115 of the European Parliament and of the Council, Member States have to describe in their CAP Strategic Plans how the environmental and climate architecture of those Plans is meant to contribute to the achievement of, and be consistent with, the long-term national targets set out in, or deriving from, the legislative acts listed in Annex XIII to that Regulation. Therefore, given the substantial impact of agricultural activities on soil quality, this Directive should be incorporated into Annex XIII during the review of Annex XIII foreseen in Article 159 of Regulation (EU) 2021/2115.

_________________

52 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).

Or. cs

Amendment 186

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 39 a (new)

Text proposed by the Commission

Amendment

(39 a) GAECs 5, 6 and 7 as set out in Regulation 2021/2115 include obligations to improve tillage management to reduce the risk of soil degradation and erosion, including by consideration of the slope gradient and minimum land management reflecting site specific conditions to limit erosion, minimum soil cover to avoid bare soil, protection of soils in periods that are most sensitive as well as crop rotation on arable land. In addition, GAEC 1 on protection of permanent pasture and GAEC 2 protecting wetlands and peatlands and soils high in organic matter, are relevant for soil protection.

Or. en

Amendment 187

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Recital 40

Text proposed by the Commission

Amendment

(40) In order to ensure that the best sustainable soil management practices are implemented, 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.

(40) In order to ensure that the best sustainable soil management practices are recommended, 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.

Or. en

Amendment 188

Silvia Modig

Proposal for a directive

Recital 42

Text proposed by the Commission

Amendment

(42) To ensure synergies between the different measures adopted under other Union legislation that may have an impact on soil health, and the measures that are to be put in place to sustainably manage and regenerate soils in the Union, Member States should ensure that the sustainable soil management and regeneration practices are coherent with the national restoration plans adopted in accordance with Regulation (UE) …/… of the European Parliament and of the Council53 +; the strategic plans to be drawn up by Member States under the Common Agricultural Policy in accordance with Regulation (EU) 2021/2115, the codes of good agricultural practices and the action programmes for designated vulnerable zones adopted in accordance with Council Directive 91/676/EEC54 , the conservation measures and prioritized action framework established for Natura 2000 sites in accordance with Council Directive 92/43/EEC55 , the measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC of the European Parliament and of the Council56 , the flood risk management measures established in accordance with Directive 2007/60/EC of the European Parliament and of the Council57 , the drought management plans promoted in the Union Strategy on Adaptation to Climate Change58 , the national action programmes established in accordance with Article 10 of the United Nations Convention to Combat Desertification, targets set out under Regulation (EU) 2018/841 of the European Parliament and of the Council59 and Regulation (EU) 2018/842 of the European Parliament and of the Council60 , the integrated national energy and climate plans established in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council61 , the national air pollution control programmes prepared under Directive (EU) 2016/2284 of the European Parliament and of the Council62 , risk assessments and disaster risk management planning established in accordance with Decision No 1313/2013/EU of the European Parliament and of the Council63 , and national action plans established in accordance with Regulation (UE) …/… of the European Parliament and of the Council64 +. Sustainable soil management and regeneration practices should be, as far as possible, integrated within these programmes, plans and measures to the extent that they contribute to the achievement of their objectives. Consequently, relevant indicators and data, such as soil-related result indicators under the CAP Regulation and statistical data on agricultural input and output reported under Regulation (EU) 2022/2379 of the European Parliament and of the Council65 , should be accessible to the competent authorities responsible for sustainable soil management and regeneration practices and soil health assessment in order to cross-link these data and indicators and thus enable the most accurate possible assessment of the effectiveness of the measures chosen.

(42) To ensure synergies between the different measures adopted under other Union legislation that may have an impact on soil health, and the measures that are to be put in place to sustainably manage and regenerate soils in the Union, Member States should ensure that the sustainable soil management and regeneration practices are coherent with the national restoration plans adopted in accordance with Regulation (UE) …/… of the European Parliament and of the Council53 +; the national biodiversity strategies and action plans established in accordance with Article 6 of the United Nations Convention on Biological Diversity, the strategic plans to be drawn up by Member States under the Common Agricultural Policy in accordance with Regulation (EU) 2021/2115, the codes of good agricultural practices and the action programmes for designated vulnerable zones adopted in accordance with Council Directive 91/676/EEC54 , the conservation measures and prioritized action framework established for Natura 2000 sites in accordance with Council Directive 92/43/EEC55 , the measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC of the European Parliament and of the Council56 , the flood risk management measures established in accordance with Directive 2007/60/EC of the European Parliament and of the Council57 , the drought management plans promoted in the Union Strategy on Adaptation to Climate Change58 , the national action programmes established in accordance with Article 10 of the United Nations Convention to Combat Desertification, targets set out under Regulation (EU) 2018/841 of the European Parliament and of the Council59 and Regulation (EU) 2018/842 of the European Parliament and of the Council60 , the integrated national energy and climate plans established in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council61 , the national air pollution control programmes prepared under Directive (EU) 2016/2284 of the European Parliament and of the Council62 , risk assessments and disaster risk management planning established in accordance with Decision No 1313/2013/EU of the European Parliament and of the Council63 , and national action plans established in accordance with Regulation (UE) …/… of the European Parliament and of the Council64 +. Sustainable soil management and regeneration practices should be, as far as possible, integrated within these programmes, plans and measures to the extent that they contribute to the achievement of their objectives. Consequently, relevant indicators and data, such as soil-related result indicators under the CAP Regulation and statistical data on agricultural input and output reported under Regulation (EU) 2022/2379 of the European Parliament and of the Council65 , should be accessible to the competent authorities responsible for sustainable soil management and regeneration practices and soil health assessment in order to cross-link these data and indicators and thus enable the most accurate possible assessment of the effectiveness of the measures chosen.

_________________

53 OP : please insert please insert in the text the number of Regulation on nature restoration contained in document COM(2022) 304 and insert the number, date, title and OJ reference of that Regulation in the footnote Regulation (UE) …/… of the European Parliament and of the Council on nature restoration

54 Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1).

55 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).

56 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, pp. 1-73).

57 Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (OJ L 288, 6.11.2007, p. 27).

58 Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change COM(2021)82 final.

59 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).

60 Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).

61 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).

62 Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).

63 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).

64 + OP: please insert in the text the number of the Regulation on the sustainable use of plant protection products and amending Regulation (EU) 2021/2115 contained in document COM(2022)305 and insert the number, date, title and OJ reference of that Directive in the footnote

65 Regulation (EU) 2022/2379 on statistics on agricultural input and output.

Or. en

Amendment 189

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Recital 43

Text proposed by the Commission

Amendment

(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. It is therefore necessary first to identify and investigate potentially contaminated sites and then, in case of confirmed contamination, to assess the risks and take measures to address unacceptable risks. 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.

(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. Building on the existing knowledge it is therefore necessary to identify and investigate new potentially contaminated sites and then, in case of confirmed contamination, to assess the risks and take measures to address them. 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.

Or. en

Amendment 190

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 43

Text proposed by the Commission

Amendment

(43) Contaminated sites are the legacy of decades of industrial activity in the EU and may lead to risks for human and animal health and the environment now and in the future. It is therefore necessary first to identify and investigate potentially contaminated sites and then, in case of confirmed contamination, to assess the risks and take measures to address unacceptable risks. 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.

Or. en

Amendment 191

Maria Angela Danzì

Proposal for a directive

Recital 43 a (new)

Text proposed by the Commission

Amendment

(43a) whereas if there is a project to be built on a Natura 2000 site, it is obligatory for a preliminary Commission assessment of its location to be carried out before any further development takes place;

Or. it

Amendment 192

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Recital 44

Text proposed by the Commission

Amendment

(44) To identify potentially contaminated sites, Member States should collect evidence among others through historical research, past industrial incidents and accidents, environmental permits and notifications by the public or authorities.

Or. en

Amendment 193

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Recital 46

Text proposed by the Commission

Amendment

(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 positive. 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.

(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 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 balanced, 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.

Or. en

Amendment 194

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 46

Text proposed by the Commission

Amendment

(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 positive. 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 and animal 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.

Or. en

Amendment 195

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Recital 46

Text proposed by the Commission

Amendment

(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 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 positive. 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.

Or. en

Amendment 196

Esther de Lange

Proposal for a directive

Recital 46 a (new)

Text proposed by the Commission

Amendment

(46 a) Land take mitigation principles should not endanger the food production, essential infrastructure projects, essential housing projects, the rollout of the energy transition and area development of a Member State.

Or. en

Amendment 197

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 47

Text proposed by the Commission

Amendment

(47) Measures taken pursuant to this Directive should also take account of other EU policy objectives, such as the objectives pursued by [Regulation (EU) xxxx/xxxx67 +] that aim at ensuring secure and sustainable supply of critical raw materials for Europe’s industry.

(47) Measures taken pursuant to this Directive should also take account of other EU policy objectives

_________________

67 + OP: please insert in the text the number of the Regulation establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020 contained in document COM(2023)160 and insert the number, date, title and OJ reference of that Directive in the footnote.

Or. en

Amendment 198

Robert Roos

Proposal for a directive

Recital 47

Text proposed by the Commission

Amendment

(47) Measures taken pursuant to this Directive should also consider other Union policy objectives. These include the objectives pursued by [Regulation (EU) xxxx/xxxx67 +], which aim to ensure a secure and sustainable supply of critical raw materials for Europe’s industry. Measures taken pursuant to this Directive should also consider national objectives, particularly those aimed at building houses.

_________________

Or. en

Amendment 199

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Recital 48

Text proposed by the Commission

Amendment

(48) Transparency is an essential component of soil policy and ensures public accountability and awareness, fair market conditions and the monitoring of progress. Therefore, Member States should set up and maintain a national register of contaminated sites and potentially contaminated sites which contains site-specific information that should be made publicly accessible in an online georeferenced spatial database. The register should contain the information that is necessary for the public to be informed on the existence and on the management of potentially contaminated sites and contaminated sites. Because the presence of soil contamination is not yet confirmed but only suspected on potentially contaminated sites, the difference between contaminated sites and potentially contaminated sites has to be communicated and explained well to the public to avoid raising unnecessary concern.

deleted

Or. de

Amendment 200

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Recital 48

Text proposed by the Commission

Amendment

(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. If 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.

Or. en

Amendment 201

Silvia Modig

Proposal for a directive

Recital 48 a (new)

Text proposed by the Commission

Amendment

(48 a) In order to ensure the protection of soils from pollution by emerging chemicals that have the potential to cause significant risks to human health and to contaminate surrounding air, surface waters, groundwater, and subsequently oceans, policy mechanisms to detect and assess such substances of emerging concern should be established. In that regard, an approach that allows monitoring and analysis of those substances or groups of substances via watch lists, as is already the case for surface water and groundwater, should be developed for soil contamination. The substances or groups of substances to be placed on the watch list should be selected from amongst those substances for which the information available indicates that they could pose a significant risk at Union level to, or via, the soil environment, and for which the monitoring data are insufficient. The number of such substances or groups of substances to be monitored and analysed under the watch lists should not be limited.

Or. en

Amendment 202

Ljudmila Novak

Proposal for a directive

Recital 48 a (new)

Text proposed by the Commission

Amendment

(48a) It is therefore essential that this Directive provides a framework for both substances and materials to be included in the monitoring of soil contaminants, and for the establishment of environmental quality standards and a set of measures to prevent and remediate soil contamination from known and emerging threats, including the possibility of removing toxins by planting toxin-extracting plants.

Or. sl

Amendment 203

Silvia Modig

Proposal for a directive

Recital 48 b (new)

Text proposed by the Commission

Amendment

(48 b) Substances such as persistent organic pollutants, materials and particles, including microplastics or nanoplastics, pose a clear risk to soil health, but also to basic activities such as the development of agriculture. Their presence in soils can have implications for soil fertility, thereby compromising the health and healthy development of crops. It is therefore essential that this Directive provides for a framework for both substances and materials to be included in the monitoring of soil contaminants, and for the establishment of environmental quality standards and set of measures to prevent and remediate soil contamination from known and emerging threats.

Or. en

Amendment 204

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Recital 49

Text proposed by the Commission

Amendment

(49) Article 19(1) of the Treaty on European Union (TEU) requires Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by Union law. In addition, in accordance with the Convention on access to information, public participation in decision‐making and access to justice in environmental matters68(Aarhus Convention), members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.

deleted

_________________

68 Convention on access to information, public participation in decision‐making and access to justice in environmental matters – Declaration, (OJ L 124, 17.5.2005).

Or. de

Amendment 205

Silvia Modig

Proposal for a directive

Recital 49

Text proposed by the Commission

Amendment

(49) Article 19(1) of the Treaty on European Union (TEU) requires Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by Union law. In addition, in accordance with the Convention on access to information, public participation in decision-making and access to justice in environmental matters68 (Aarhus Convention), members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.

(49) Article 19(1) of the Treaty on European Union (TEU) requires Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by Union law. In addition, in accordance with the Convention on access to information, public participation in decision-making and access to justice in environmental matters68 (Aarhus Convention), members of the public should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.

_________________

68 Convention on access to information, public participation in decision‐making and access to justice in environmental matters – Declaration, (OJ L 124, 17.5.2005).

Or. en

Justification

Art. 9(3) of the Aarhus Convention explicitly refers to members of the public having access to justice, and not the public concerned. This amendment uses the term “the public” to be consistent with this.

Amendment 206

Maria Arena

Proposal for a directive

Recital 49

Text proposed by the Commission

Amendment

(49) Article 19(1) of the Treaty on European Union (TEU) requires Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by Union law. In addition, in accordance with the Convention on access to information, public participation in decision-making and access to justice in environmental matters68 (Aarhus Convention), members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.

(49) Article 19(1) of the Treaty on European Union (TEU) requires Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by Union law. In addition, in accordance with the Convention on access to information, public participation in decision-making and access to justice in environmental matters68 (Aarhus Convention), members of the public should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.

_________________

68 Convention on access to information, public participation in decision‐making and access to justice in environmental matters – Declaration, (OJ L 124, 17.5.2005).

Or. en

Amendment 207

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Recital 50

Text proposed by the Commission

Amendment

(50) Directive (EU) 2019/1024 of the European Parliament and of the Council69mandates the release of public sector data in free and open formats. The overall objective is to continue the strengthening of the EU’s data economy by increasing the amount of public sector data available for re-use, ensuring fair competition and easy access to public sector information, and enhancing cross-border innovation based on data. The main principle is that government data should be open by default and design. Directive 2003/4/EC of the European Parliament and of the Council70is aimed at guaranteeing the right of access to environmental information in the Member States in line with the Aarhus Convention. The Aarhus Convention and Directive 2003/4/EC encompass broad obligations related both to making environmental information available upon request and actively disseminating such information. Directive 2007/2/EC of the European Parliament and of the Council71is also of broad scope, covering the sharing of spatial information, including data sets on different environmental topics. It is important that provisions of this Directive related to access to information and data-sharing arrangements complement those Directives and do not create a separate legal regime. Therefore, the provisions of this Directive regarding information to the public and information on monitoring of implementation should be without prejudice to Directives (EU) 2019/1024, 2003/4/EC and 2007/2/EC.

deleted

_________________

69 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).

70 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

71 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

Or. de

Amendment 208

Ljudmila Novak

Proposal for a directive

Recital 50

Text proposed by the Commission

Amendment

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

_________________

69 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).

69 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information, OJ L 172, 26.6.2019, p. 56.

Or. sl

Amendment 209

Beatrice Covassi

Proposal for a directive

Recital 50

Text proposed by the Commission

Amendment

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

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

_________________

69 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).

Or. en

Amendment 210

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Recital 51

Text proposed by the Commission

Amendment

(51) In order to ensure the necessary adaptation of the 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 adapt 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.

(51) In order to ensure the necessary adaptation of the rules on soil health monitoring 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 adapt to technical and scientific progress the methodologies for monitoring soil health, 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).

Or. en

Amendment 211

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Recital 53

Text proposed by the Commission

Amendment

(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 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.

(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 whether the aim 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.

Or. en

Amendment 212

Silvia Modig

Proposal for a directive

Recital 53

Text proposed by the Commission

Amendment

(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 intermediate targets for 2035, 2040 and 2045 to make sure unhealthy soils are regenerated and the objective to achieve healthy soils by 2050 is met. 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.

Or. en

Amendment 213

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Recital 53

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 214

Maria Angela Danzì

Proposal for a directive

Recital 55 a (new)

Text proposed by the Commission

Amendment

(55a) whereas it is essential to establish a mandatory estimate of the status of abandoned buildings/structures, new EU funds should be earmarked for the financing of the possible cost difference for carrying out new work using virgin land;

Or. it

Amendment 215

Maria Angela Danzì

Proposal for a directive

Recital 55 b (new)

Text proposed by the Commission

Amendment

(55b) whereas it should be appropriate to ban the use of virgin (unused) land for public infrastructure if an equivalent abandoned infrastructure can be recovered, even if recovery or restructuring is less cost effective;

Or. it

Amendment 216

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. The objective of the Directive is to put in place a solid and coherent soil monitoring framework for all soils across the EU and to continuously improve soil health in the Union with the view to achieve healthy soils by 2050 and maintain soils in healthy condition, 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.

1. The objective of the Directive is to put in place a solid and coherent soil monitoring, resilience, regeneration and remediation framework for all soils across the EU and to continuously improve soil health in the Union in order to achieve 75% of the soils of the Union to be living, healthy or improving by 2035 and healthy, living soils by 2050 at the latest and maintain soils in healthy condition, prevent further deterioration, and compensate unavoidable negative effects, so that they can supply multiple ecosystem services at a scale sufficient to meet environmental, societal and economic needs, prevent, mitigate and adapt to 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.

This Directive therefore sets a binding target of 100% healthy soils across the Union by 2050 at the latest, with an intermediate target of 75% healthy soils by 2035.

Or. en

Amendment 217

Anders Vistisen, Aurélia Beigneux

on behalf of the ID Group

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. The objective of the Directive is to put in place a solid and coherent soil monitoring framework for all soils across the EU and to continuously improve soil health in the Union with the view to achieve healthier 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, maintain the quality of groundwater and avoid its contamination from soil sources, increase the resilience against natural disasters and for food security and that soil contamination and erosion is reduced to levels no longer considered harmful to human health and the environment.

Or. en

Amendment 218

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. The objective of the Directive is to put in place a solid and coherent soil monitoring framework for all soils across the EU and to continuously improve soil health in the Union with the view to achieve healthy soils by 2050 and maintain soils in healthy condition, taking into account technical feasibility and economic proportionality, so that they can supply multiple ecosystem services at a scale sufficient to meet environmental, societal and economic needs, prevent and mitigate the impacts of climate change and biodiversity loss, increase the resilience against natural disasters and for food security and that soil contamination is reduced to levels no longer considered harmful to human health and the environment.

Or. de

Amendment 219

Ljudmila Novak

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. The objective of the Directive is to put in place a solid and coherent soil monitoring framework for all soils across the EU and to continuously improve soil health in the Union with the view to achieve healthy soils by 2050 and maintain soils in healthy condition, so that they can supply multiple ecosystem services, including as part of the water cycle, 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, taking into account technical feasibility and economic proportionality.

Or. sl

Amendment 220

Anna Zalewska

on behalf of the ECR Group

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. The objective of the Directive is to put in place a solid and coherent soil monitoring framework for all soils across the EU and to continuously improve soil health in the Union with the view to achieve healthy soils by 2050, where technically possible and economically proportionate 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.

Or. en

Amendment 221

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

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 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.

Or. en

Amendment 222

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. The objective of the Directive is to put in place a clear, coherent and flexible soil monitoring framework for all soils across the EU in order 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 strengthen food security and that soil contamination is reduced to levels no longer considered harmful to human health and the environment.

Or. en

Amendment 223

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema, Nils Torvalds

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. The objective of the Directive is to put in place a solid, flexible and coherent soil monitoring framework for relevant soils across the EU and to continuously improve soil health in the Union with the aim to achieve healthy soils by 2050 and maintain soils in healthy condition, so that they can supply multiple ecosystem services at a scale sufficient to meet environmental, societal and economic needs, prevent and mitigate the impacts of climate change and biodiversity loss, increase the resilience against natural disasters and for food security and that soil contamination is reduced to levels no longer considered harmful to human health and the environment.

Or. en

Amendment 224

Stanislav Polčák

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

(Does not affect the English version.)

Or. cs

Amendment 225

Silvia Modig

Proposal for a directive

Article 1 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. This Directive establishes a framework within which Member States shall continuously improve soil health and maintain soils already in a healthy condition in order to ensure that all soils in the Union are in a healthy condition by 2050 at the latest.

Or. en

Amendment 226

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 1 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. This Directive lays down measures on:

2. This Directive lays down:

Or. en

Amendment 227

Jan Huitema

Proposal for a directive

Article 1 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) monitoring and assessment of soil health;

(a) monitoring and assessment of soil health based on the ecosystem services that contribute to the intended function of the soil;

Or. en

Justification

The ecosystem services that are required for different usage of soil can be very different, and sometimes even conflicting. Soil health should therefore be assessed in accordance with its intended use, and not on the basis of all possible ecosystem services.

Amendment 228

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 1 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) monitoring and assessment of soil health;

(a) measures on monitoring, assessment, and improvement of soil health;

Or. en

Amendment 229

Ljudmila Novak

Proposal for a directive

Article 1 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) monitoring and assessment of soil health;

(a) monitoring, assessment, maintenance and improvement of soil health;

Or. sl

Amendment 230

Maria Arena

Proposal for a directive

Article 1 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

(a a) targets to achieve healthy soils by 2050 and intermediate targets by 2035, 2040 and 2045;

Or. en

Amendment 231

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 1 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) sustainable soil management;

(b) measures on sustainable soil management;

Or. en

Amendment 232

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 1 – paragraph 2 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 233

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 1 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

(c a) - binding healthy soils targets;

Or. en

Amendment 234

Silvia Modig

Proposal for a directive

Article 1 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

(c a) restoration of soils

Or. en

Amendment 235

Silvia Modig

Proposal for a directive

Article 1 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. This Directive lays down rules to contribute to:

(a) Kunming-Montreal Global Biodiveristy Framework (GBF)

(b) the 2030 Agenda for Sustainable Development and its Sustainable Development Goals (SDGs), particularly goal 15.3

(d) achieving the Union’s overarching objectives concerning climate change mitigation, climate change adaptation and land degradation neutrality;

(e) the Union's international commitments

Or. en

Amendment 236

Maria Arena

Proposal for a directive

Article 1 a (new)

Text proposed by the Commission

Amendment

Article1a

Healthy Soils Targets

1. In order to reach the healthy soils objective set out in paragraph 1 of this Article, this Directive sets a binding target of 100% healthy soils across the Union by 2050.

2. This Directive also sets the following intermediate soil health targets:

(a) a binding target of achieving 55 % healthy soils across the Union by 2035;

(b) a binding target of achieving 70 % healthy soils across the Union by 2040;

3. The Union and the Member States shall take the necessary measures at Union, national and regional level, respectively, to enable the collective achievement of the healthy soils objective set out in paragraph 1 and the healthy soils targets set out in paragraph 2.

Or. en

Amendment 237

Silvia Modig

Proposal for a directive

Article 1 a (new)

Text proposed by the Commission

Amendment

Article 1a

Targets

1. In order to reach the healthy soils objective set out in paragraph 1 of this Article, this Directive sets a binding target of 100% healthy soils across the Union by 2050.

2. This Directive also sets the following intermediate soil health targets:

(a) a binding target of achieving 60 % healthy soils across the Union by 2035;

(b) a binding target of achieving 85 % 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 objective set out in paragraph 1 and the soil health targets set out in paragraph 2 of this Article.

Or. en

Amendment 238

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 1 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 239

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

This Directive applies to all soils in the territory of Member States.

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

Or. de

Amendment 240

Anders Vistisen, Aurélia Beigneux

on behalf of the ID Group

Proposal for a directive

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

This Directive applies to all soils in the territory of Member States.

This Directive applies to all soils in the territory of Member States, recognizing and respecting the primary jurisdiction of Member States over soil-related matters.

Or. en

Amendment 241

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

This Directive applies to all soils in the territory of Member States.

This Directive applies to relevant soils in the territory of Member States.

Or. en

Amendment 242

Ljudmila Novak

Proposal for a directive

Article 3 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

(1) ‘soil’ means the top layer of the Earth’s crust situated between the bedrock and the land surface, which is composed of mineral particles, organic matter, water, air and living organisms;

(1) ‘soil’ means the top layer of the Earth’s crust situated between the bedrock and the land surface, which is transformed by weather and by chemical and biological processes and is composed of mineral particles, organic matter, water, air and living organisms;

Or. sl

Amendment 243

Robert Roos

Proposal for a directive

Article 3 – paragraph 1 – point 1 a (new)

Text proposed by the Commission

Amendment

(1 a) ‘soil ecological functions’ means the set of interrelated processes and interactions within the soil ecosystem that sustain life, support and are the result of soil biodiversity and maintain the overall health and productivity of terrestrial environments, such as nutrient cycling, organic matter decomposition, soil structure formation, water filtration and purification, carbon sequestration, and the provision of habitats and resources for a diverse range of organisms.

Or. en

Amendment 244

Ljudmila Novak

Proposal for a directive

Article 3 – paragraph 1 – point 3

Text proposed by the Commission

Amendment

(3) ‘ecosystem services’ means indirect contributions of ecosystems to the economic, social, cultural and other benefits that people derive from those ecosystems;

(3) ‘ecosystem services’ means direct or indirect contributions of ecosystems to the economic, social, cultural, environmental and other benefits that people derive from those ecosystems: safe, nutritious and sufficient food, biomass, clean water, nutrient cycling, pollutant regulation, carbon storage and habitat for biodiversity.

Or. sl

Amendment 245

Stanislav Polčák

Proposal for a directive

Article 3 – paragraph 1 – point 3

Text proposed by the Commission

Amendment

(3) ‘ecosystem services’ means indirect contributions of ecosystems to the economic, social, cultural and other benefits that people derive from those ecosystems;

(3) ‘ecosystem services’ means benefits that people derive from ecosystems;

Or. cs

Amendment 246

Silvia Modig

Proposal for a directive

Article 3 – paragraph 1 – point 3

Text proposed by the Commission

Amendment

(3) ‘ecosystem services’ means indirect contributions of ecosystems to the economic, social, cultural and other benefits that people derive from those ecosystems;

(3) ‘ecosystem services’ means direct and indirect contributions of ecosystems to the wellbeing of society as a whole, including to the social, cultural, economic and other benefits that people derive from those ecosystems;

Or. en

Amendment 247

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 3 – paragraph 1 – point 3

Text proposed by the Commission

Amendment

(3) ‘ecosystem services’ means indirect contributions of ecosystems to the economic, social, cultural and other benefits that people derive from those ecosystems;

(3) ‘ecosystem services’ means direct or indirect contributions of ecosystems to the wellbeing of society as a whole, including economic, social, cultural and other benefits that people derive from those ecosystems;

Or. en

Amendment 248

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 3 – paragraph 1 – point 3

Text proposed by the Commission

Amendment

(3) ‘ecosystem services’ means indirect contributions of ecosystems to the economic, social, cultural and other benefits that people derive from those ecosystems;

(3) ‘ecosystem services’ means direct and indirect contributions of ecosystems to the economic, social, cultural and other benefits that people derive from those ecosystems;

Or. en

Amendment 249

Anders Vistisen, Aurélia Beigneux

on behalf of the ID Group

Proposal for a directive

Article 3 – paragraph 1 – point 4

Text proposed by the Commission

Amendment

(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services;

(4) ‘soil health’ means the physical, chemical and biological condition of the soil, as well as its erosion control, water control, resistance to compaction, disease suppression, resilience to environmental pressures and sustainability properties, determining its capacity to function as a vital living system and to provide ecosystem services;

Or. en

Amendment 250

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Article 3 – paragraph 1 – point 4

Text proposed by the Commission

Amendment

(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services;

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

Or. de

Amendment 251

Francesca Peppucci, Massimiliano Salini, Fulvio Martusciello

Proposal for a directive

Article 3 – paragraph 1 – point 4

Text proposed by the Commission

Amendment

(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services;

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

Or. en

Amendment 252

Anna Zalewska

on behalf of the ECR Group

Proposal for a directive

Article 3 – paragraph 1 – point 4

Text proposed by the Commission

Amendment

(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services;

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

Or. en

Amendment 253

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 3 – paragraph 1 – point 4

Text proposed by the Commission

Amendment

(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services;

Or. en

Justification

Biodiversity comprises species richness, abundance, genetic diversity, etc.. The more biodiverse a soil ecosystem is, i.e. the more different kinds of life it contains, the more "healthy" and resilient it is.

Amendment 254

Andreas Glück, Ulrike Müller, Ondřej Knotek

Proposal for a directive

Article 3 – paragraph 1 – point 4

Text proposed by the Commission

Amendment

(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services;

Or. en

Justification

The different soil and land uses (food production, industrial activities) should be taken into consideration when determining the soil health.

Amendment 255

Jan Huitema

Proposal for a directive

Article 3 – paragraph 1 – point 4

Text proposed by the Commission

Amendment

(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services;

(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to provide ecosystem services that contribute to the intended function of the soil;

Or. en

Justification

Amendment 256

Maria Arena

Proposal for a directive

Article 3 – paragraph 1 – point 4 a (new)

Text proposed by the Commission

Amendment

(4 a) 'soil functions’ means the roles performed by soil that support ecosystems, the biosphere, the water environment and human activities;

Or. en

Amendment 257

Silvia Modig

Proposal for a directive

Article 3 – paragraph 1 – point 4 a (new)

Text proposed by the Commission

Amendment

(4 a) soil functions’ means the roles performed by soil that support ecosystems, the biosphere, the water environment and human activities;

Or. en

Amendment 258

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Article 3 – paragraph 1 – point 5

Text proposed by the Commission

Amendment

(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 environment;

(5) ‘sustainable soil management’ means soil management practices that maintain or enhance the productivity of the soil and the ecosystem services provided by the soil without impairing the functions enabling those services, or being detrimental to other properties of the environment;

Or. en

Amendment 259

Silvia Modig

Proposal for a directive

Article 3 – paragraph 1 – point 5

Text proposed by the Commission

Amendment

(5) ‘sustainable soil management’ means soil and land management practices that maintain or enhance soil 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;

Or. en

Amendment 260

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 3 – paragraph 1 – point 5

Text proposed by the Commission

Amendment

(5) ‘sustainable soil management’ means soil management practices that maintain or enhance soil biodiversity as well as the ecosystem services provided by the soil without impairing the functions enabling those services, or being detrimental to other properties of the environment;

Or. en

Amendment 261

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 3 – paragraph 1 – point 5

Text proposed by the Commission

Amendment

(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;

Or. en

Amendment 262

Ljudmila Novak

Proposal for a directive

Article 3 – paragraph 1 – point 5

Text proposed by the Commission

Amendment

(5) ‘sustainable soil management practice’ 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 environment;

Or. sl

Amendment 263

Esther de Lange

Proposal for a directive

Article 3 – paragraph 1 – point 8

Text proposed by the Commission

Amendment

(8) ‘soil district’ means the part of the territory of a Member State, as delimited by that Member State in accordance with this Directive;

(8) ‘soil district’ means the part of the territory of a Member State or overlapping cross-border between Member States, as delimited by that Member State(s) in accordance with this Directive;

Or. en

Justification

Soil characteristics do not stop at the border. Therefore, from an ecological perspective, it would make sense to have cross-border soil districts.

Amendment 264

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 3 – paragraph 1 – point 8

Text proposed by the Commission

Amendment

(8) ‘soil district’ means the part of the territory of a Member State, as delimited by that Member State in accordance with this Directive;

(8) ‘soil district’ means the part of the territory of a Member State, as defined and delimited by that Member State;

Or. en

Amendment 265

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 3 – paragraph 1 – point 9

Text proposed by the Commission

Amendment

(9) ‘soil health assessment’ means the evaluation of the health of the soil based on the measurement or estimation of soil descriptors;

(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

Or. en

Amendment 266

Anders Vistisen, Aurélia Beigneux

on behalf of the ID Group

Proposal for a directive

Article 3 – paragraph 1 – point 9

Text proposed by the Commission

Amendment

(9) ‘soil health assessment’ means the evaluation of the health of the soil based on the measurement or estimation of soil descriptors;

(9) ‘soil health assessment’ means the evaluation of the health of the soil based on the measurement or estimation of soil descriptors according to a Member States’ specific soil challenges

Or. en

Amendment 267

Esther de Lange

Proposal for a directive

Article 3 – paragraph 1 – point 9 a (new)

Text proposed by the Commission

Amendment

(9 a) ‘socioeconomic consequences’ means the significant and disproportionate consequences of measures laid down in this Directive on food security, food prices, rollout of the energy transition and development of social housing;

Or. en

Amendment 268

Ljudmila Novak

Proposal for a directive

Article 3 – paragraph 1 – point 10

Text proposed by the Commission

Amendment

(10) ‘contaminated site’ means a delineated area of one or several plots with confirmed presence of soil contamination caused by point-source anthropogenic activities;

(10) ‘contaminated site’ means a delineated area of one or several plots with confirmed presence of soil contamination caused by the presence of a chemical or substance in the soil in a concentration that may be harmful to human health or the environment;

Or. sl

Amendment 269

Stanislav Polčák

Proposal for a directive

Article 3 – paragraph 1 – point 10

Text proposed by the Commission

Amendment

(10) ‘contaminated site’ means a delineated area of one or several plots with confirmed presence of soil contamination caused by point-source anthropogenic activities;

(10) ‘contaminated site’ means a delineated area of one or several plots with confirmed presence of soil contamination caused by anthropogenic activities;

Or. cs

Amendment 270

Stanislav Polčák

Proposal for a directive

Article 3 – paragraph 1 – point 15

Text proposed by the Commission

Amendment

(15) ‘semi-natural land‘ means an area where ecological assemblages have been substantially modified in their composition, balance or function by human activities, but maintain potentially high value in terms of biodiversity and the ecosystem services it provides;

(Does not affect the English version.)

Or. cs

Amendment 271

Ljudmila Novak

Proposal for a directive

Article 3 – paragraph 1 – point 16

Text proposed by the Commission

Amendment

(16) ‘artificial land’ means land used as a platform for constructions and infrastructure or as a direct source of raw material or as archive for historic patrimony at the expense of the capacity of soils to provide other ecosystem services;

(16) ‘artificial land’ means soil sealing or land used as a direct source of raw material or as archive for historic patrimony at the expense of the capacity of soils to provide other ecosystem services;

Or. sl

Justification

In our view, the definition of ‘artificial land’ is too narrow. Artificial land includes not only land used as a ‘platform’ for constructions and infrastructure (buildings), but also the associated land, that is to say, land which allows the normal functioning/operation of the buildings. A building plot consists of a building + associated land necessary for its (the building’s) operation.

Amendment 272

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 3 – paragraph 1 – point 17

Text proposed by the Commission

Amendment

(17) ‘land take’ means the conversion of natural and semi-natural land into artificial land;

(17) ‘land take’ and "soil sealing" mean the conversion of natural and semi-natural land into land that no longer performs its ecological, hydrological and nutrient cycling functions;

Or. en

Amendment 273

Stanislav Polčák

Proposal for a directive

Article 3 – paragraph 1 – point 17

Text proposed by the Commission

Amendment

(17) ‘land take’ means the conversion of natural and semi-natural land into artificial land;

(Does not affect the English version.)

Or. cs

Amendment 274

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 3 – paragraph 1 – point 17 a (new)

Text proposed by the Commission

Amendment

(17 a) "De-sealing of soil" means the re-conversion of land that no longer performs its natural soil functions, e.g. infiltration, percolation and hydrological functionality, into functional soil

Or. en

Amendment 275

Ljudmila Novak

Proposal for a directive

Article 3 – paragraph 1 – point 17 a (new)

Text proposed by the Commission

Amendment

(17a) ‘Soil sealing’ is a form of removing soil from the natural state and means the permanent covering of the soil surface with impermeable artificial materials, resulting in the irreparable loss of soil;

Or. sl

Amendment 276

Stanislav Polčák

Proposal for a directive

Article 3 – paragraph 1 – point 17 a (new)

Text proposed by the Commission

Amendment

(17 a) 'soil sealing' means the covering of land with impermeable material, particularly in the context of using land as a platform for buildings and infrastructure;

Or. cs

Amendment 277

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 3 – paragraph 1 – point 19

Text proposed by the Commission

Amendment

(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 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.

(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 all stakeholders, inter alia land owners and land users, indigenous people as well as non-governmental organisations promoting the protection of human or animal health or the environment and meeting any requirements under national law.

Or. en

Amendment 278

Silvia Modig

Proposal for a directive

Article 3 – paragraph 1 – point 19

Text proposed by the Commission

Amendment

(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 citizens, land owners and land users, Indigenous Peoples, as well as non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law.

Or. en

Amendment 279

Ljudmila Novak

Proposal for a directive

Article 3 – paragraph 1 – point 19

Text proposed by the Commission

Amendment

(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.

Or. sl

Amendment 280

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 3 – paragraph 1 – point 20

Text proposed by the Commission

Amendment

(20) ‘soil contamination’ means the presence of a chemical or substance in the soil in a concentration that may be harmful to human health or the environment;

(20) ‘soil contamination’ means the presence of a substance or material in the soil in a concentration that may lead, directly or indirectly, to harmful effects on human health or the environment;

Or. en

Amendment 281

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 3 – paragraph 1 – point 20

Text proposed by the Commission

Amendment

(20) ‘soil contamination’ means the presence of a chemical or substance in the soil in a concentration that may be harmful to human health or the environment;

(20) ‘soil contamination’ means the presence of a chemical substance or material in the soil at a concentration that may lead to harmful effects on human or animal health or the environment;

Or. en

Amendment 282

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Article 3 – paragraph 1 – point 20

Text proposed by the Commission

Amendment

(20) ‘soil contamination’ means the presence of a chemical or substance in the soil in a concentration that may be harmful to human health or the environment;

(20) ‘soil contamination’ means the presence of a chemical or substance in the soil in a concentration that are harmful to human health or the environment;

Or. en

Amendment 283

Andreas Glück, Ulrike Müller, Ondřej Knotek

Proposal for a directive

Article 3 – paragraph 1 – point 20

Text proposed by the Commission

Amendment

(20) ‘soil contamination’ means the presence of a chemical or substance in the soil in a concentration that may be harmful to human health or the environment;

(20) ‘soil contamination’ means the presence of a chemical or substance in the soil in a concentration that is harmful to human health or the environment;

Or. en

Justification

A risk-based approach should be followed.

Amendment 284

Stanislav Polčák

Proposal for a directive

Article 3 – paragraph 1 – point 20

Text proposed by the Commission

Amendment

(20) ‘soil contamination’ means the presence of a chemical or substance in the soil in a concentration that may be harmful to human health or the environment;

(20) ‘soil contamination’ means the presence of a chemical substance in the soil in a concentration that may be harmful to human health or the environment;

Or. cs

Amendment 285

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Article 3 – paragraph 1 – point 23

Text proposed by the Commission

Amendment

(23) ‘risk’ means the possibility of harmful effects to human health or the environment resulting from exposure to soil contamination;

(23) ‘risk’ means the possibility of harmful effects to human health or the environment resulting from real world exposure to soil contamination;

Or. en

Amendment 286

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 3 – paragraph 1 – point 23

Text proposed by the Commission

Amendment

(23) ‘risk’ means the possibility of harmful effects to human health or the environment resulting from exposure to soil contamination;

(23) ‘risk’ means the possibility of harmful effects to human and animal health or the environment resulting from exposure to soil contamination;

Or. en

Amendment 287

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 3 – paragraph 1 – point 23

Text proposed by the Commission

Amendment

(23) ‘risk’ means the possibility of harmful effects to human health or the environment resulting from exposure to soil contamination;

(23) ‘risk’ means the likelihood and harmful impact on human health or the environment resulting from exposure to soil contamination;

Or. en

Amendment 288

Pascal Canfin

Proposal for a directive

Article 3 – paragraph 1 – point 24

Text proposed by the Commission

Amendment

(24) ‘soil investigation’ means a process to assess the presence and concentration of contaminants in the soil which is usually performed in different stages;

(24) ‘soil investigation’ means an iterative and progressive process of soil quality assessment which can be performed in one or more stages proportionate to the receptors (site visit, historic study, vulnerability study, conceptual site model, where appropriate, development and implementation of an in-situ sampling program);

Or. en

Amendment 289

Pascal Canfin

Proposal for a directive

Article 3 – paragraph 1 – point 24 a (new)

Text proposed by the Commission

Amendment

(24 a) soil health diagnosis means a document including data on soil health related to one or several plots of lands used for agriculture, forestry or natural use.

Or. en

Amendment 290

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 3 – paragraph 1 – point 26

Text proposed by the Commission

Amendment

(26) ‘soil remediation’ means a regeneration action that reduces, isolates or immobilizes contaminant concentrations in the soil.

(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.

Or. en

Amendment 291

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 3 – paragraph 1 – point 26

Text proposed by the Commission

Amendment

(26) ‘soil remediation’ means a regeneration action that reduces, isolates or immobilizes contaminant concentrations in the soil.

(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 associated with or in contact with that soil can be excluded

Or. en

Amendment 292

Silvia Modig

Proposal for a directive

Article 3 – paragraph 1 – point 26

Text proposed by the Commission

Amendment

(26) ‘soil remediation’ means a regeneration action that reduces, isolates or immobilizes contaminant concentrations in the soil.

Or. en

Amendment 293

Stanislav Polčák

Proposal for a directive

Article 3 – paragraph 1 – point 26

Text proposed by the Commission

Amendment

(26) ‘soil remediation’ means a regeneration action that reduces, isolates or immobilizes contaminant concentrations in the soil.

(26) ‘soil remediation’ means a regeneration action that isolates or immobilises contaminant concentrations in the soil or reduces their concentrations.

Or. cs

Amendment 294

Anna Zalewska

on behalf of the ECR Group

Proposal for a directive

Article 3 – paragraph 1 – point 26 a (new)

Text proposed by the Commission

Amendment

(26 a) 'heavily modified soils' means soils where the provision of ecosystems services is almost completely hampered to such a degree that it is almost impossible to restore.

Or. en

Amendment 295

Esther de Lange

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall establish soil districts throughout their territory.

Member States shall, in consultation with local and (cross-)regional authorities, establish soil districts or use existing appropriate districs throughout their territory or cross-border between territories of adjacent Member States that have similar soil characteristics

Or. en

Justification

There should be a possibility for Member States to use existing administrative layers.

Amendment 296

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall establish soil districts throughout their territory.

Member States shall define and delimit soil districts throughout their territory.

Or. en

Amendment 297

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema, Nils Torvalds

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall establish soil districts throughout their territory.

Member States may establish soil districts throughout their territory.

Or. en

Amendment 298

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

The Commission shall issue soil district plan guidelines, based on which Member States and the relevant competent authority shall establish Soil District Plans, taking fully into account the provisions set out in this directive, at latest 3 years after entry into force of this directive.

Member States shall ensure that the process of elaboration of these plans is open, inclusive and effective and that the public concerned, including the population of the relevant soil district, landowners, managers, non-governmental organisations and researchers are involved and are given early and effective opportunities to participate in their elaboration.

Or. en

Amendment 299

Jan Huitema

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The number of soil districts for each Member State shall as a minimum correspond to the number of NUTS 1 territorial units established under Regulation (EC) No 1059/2003.

deleted

Or. en

Justification

Most importantly, the soil districts should reflect the different soil types, climatic conditions and environmental zones. If this can be achieved by a lower number of soil districts than the number of NUTS 1 territorial units, for example in small countries where the conditions are relatively homogeneous, this should be allowed.

Amendment 300

Emma Wiesner, Erik Poulsen, Asger Christensen

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The number of soil districts for each Member State shall as a minimum correspond to the number of NUTS 1 territorial units established under Regulation (EC) No 1059/2003.

deleted

Or. en

Amendment 301

Francesca Peppucci, Massimiliano Salini, Fulvio Martusciello

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The number of soil districts for each Member State shall as a minimum correspond to the number of NUTS 1 territorial units established under Regulation (EC) No 1059/2003.

The number of soil districts for each Member State shall be in line with the political, administrative and legal territorial governance structure already established within the Member State, also trying to match soil types, climatic conditions, environmental zones and territorial areas as much as possible. The number of soil districts must be limited to avoid fragmentation.

Or. en

Amendment 302

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The number of soil districts for each Member State shall as a minimum correspond to the number of NUTS 1 territorial units established under Regulation (EC) No 1059/2003.

The number of soil districts shall be determined by each Member State.

Or. en

Amendment 303

Esther de Lange

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The number of soil districts for each Member State shall as a minimum correspond to the number of NUTS 1 territorial units established under Regulation (EC) No 1059/2003.

The number of soil districts for each Member State or cross-border between adjacent Member States shall as a minimum correspond to the number of NUTS 1 territorial units established under Regulation (EC) No 1059/2003.

Or. en

Justification

Soil characteristics do not stop at the border. Therefore, from an ecological perspective, it would make sense to have cross-border soil districts.

Amendment 304

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The number of soil districts for each Member State shall as a minimum correspond to the number of NUTS 1 territorial units established under Regulation (EC) No 1059/2003.

The number of soil districts for each Member State shall as a minimum correspond to the number of NUTS 2 territorial units established under Regulation (EC) No 1059/2003.

Or. en

Amendment 305

Francesca Peppucci, Massimiliano Salini, Fulvio Martusciello

Proposal for a directive

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. When establishing the geographic extent of soil districts, Member States shall identify national and international coordination bodies based on the political, administrative and legal territorial governance structures already established within the Member State, which will communicate directly with the European Commission in order to ensure the most effective implementation of monitoring and reporting on heterogeneous soil types, climatic conditions, environmental zones and land uses.

Or. en

Amendment 306

Francesca Peppucci, Massimiliano Salini, Fulvio Martusciello

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. When establishing the geographic extent of soil districts, Member States may take into account existing administrative units and shall seek homogeneity within each soil district regarding the following parameters:

deleted

(a) soil type as defined in the World Reference Base for Soil Resources75 ;

(b) climatic conditions;

(d) land use or land cover as used in the Land Use/Cover Area frame statistical Survey (LUCAS) programme.

_________________

75 https://www.fao.org/soils-portal/data-hub/soil-classification/world-reference-base/en/

76 M.J. Metzger, A.D. Shkaruba, R.H.G. Jongman and R.G.H. Bunce, Descriptions of the European Environmental Zones and Strata, Alterra Report 2281 ISSN 1566-7197.

Or. en

Amendment 307

Marlene Mortler, Norbert Lins, Christian Doleschal, Christine Schneider, Lena Düpont

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

deleted

(a) soil type as defined in the World Reference Base for Soil Resources75;

(b) climatic conditions;

(d) land use or land cover as used in the Land Use/Cover Area frame statistical Survey (LUCAS) programme.

_________________

75 https://www.fao.org/soils-portal/data-hub/soil-classification/world-reference-base/en/

76 M.J. Metzger, A.D. Shkaruba, R.H.G. Jongman and R.G.H. Bunce, Descriptions of the European Environmental Zones and Strata, Alterra Report 2281 ISSN 1566-7197.

Or. de

Justification

In view of the different objectives of the approaches, the link between territorial administrative units in paragraph 1 and technical criteria in paragraph 2 makes no sense and should therefore be deleted.

Amendment 308

Emma Wiesner, Jan Huitema, Nils Torvalds, Erik Poulsen, Asger Christensen

Proposal for a directive

Article 4 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. When establishing the geographic extent of soil districts, Member States shall take into account existing land use and administrative units and shall seek homogeneity within each soil district regarding the following parameters:

Or. en

Amendment 309

Silvia Modig

Proposal for a directive

Article 4 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. When establishing the geographic extent of soil districts, Member States may take into account existing administrative units and shall prioritise homogeneity within each soil district regarding the following parameters:

Or. en

Amendment 310

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 4 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. When defining and delimiting the soil districts, Member States may take into account existing governance structures, administrative units and national systems for inventories.

Or. en

Amendment 311

Stanislav Polčák

Proposal for a directive

Article 4 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

(Does not affect the English version.)

Or. cs

Amendment 312

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 4 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) soil type as defined in the World Reference Base for Soil Resources75 ;

deleted

_________________

75 https://www.fao.org/soils-portal/data-hub/soil-classification/world-reference-base/en/

Or. en

Amendment 313

Stanislav Polčák

Proposal for a directive

Article 4 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) soil type as defined in the World Reference Base for Soil Resources75;

(a) soil type as defined in the World Reference Base for Soil Resources, published by the Food and Agriculture Organisation of the United Nations75;

_________________

75 https://www.fao.org/soils-portal/data-hub/soil-classification/world-reference-base/en/

Or. cs

Amendment 314

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 4 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) climatic conditions;

deleted

Or. en

Amendment 315

Esther de Lange

Proposal for a directive

Article 4 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

(b a) water bodies used for abstraction of water intended for human consumption as defined in Article 2, point (1), of Directive (EU) 2020/2184;

Or. en

Amendment 316

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 4 – paragraph 2 – point c

Text proposed by the Commission

Amendment

deleted

_________________

76 M.J. Metzger, A.D. Shkaruba, R.H.G. Jongman and R.G.H. Bunce, Descriptions of the European Environmental Zones and Strata, Alterra Report 2281 ISSN 1566-7197.

Or. en

Amendment 317

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 4 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) land use or land cover as used in the Land Use/Cover Area frame statistical Survey (LUCAS) programme.

deleted

Or. en

Amendment 318

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 4 – paragraph 2 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 319

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 4 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

(d a) districts pursuant to the Water Framework Directive 2000/60/EC

Or. en

Amendment 320

Robert Roos

Proposal for a directive

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. Member States shall, where appropriate, cooperate and exchange best practices with neighboring Member States, provided there are transboundary effects on soil and comparable land use across borders. This applies particularly to soil districts that demonstrate similar values in the parameters outlined in paragraph 2, points (a) to (d).

Or. en

Justification

This provision bridges Rapporteur Amendment 38, emphasising cooperation in cases of transboundary soil effects and similar land use. However, as a Directive focuses on goals, not methods, mandating such cross-border soil management cooperation may be inefficient and administratively burdensome. Soil, unlike water, is immobile, often leading to significant local variations in composition and land use, even across short distances and national borders. While learning from each other is beneficial, the administrative burden must be limited.

Amendment 321

Anna Zalewska

on behalf of the ECR Group

Proposal for a directive

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

Or. en

Amendment 322

Francesca Peppucci, Massimiliano Salini, Fulvio Martusciello

Proposal for a directive

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. Member States shall designate the competent authorities responsible for the appropriate political, administrative and legal territorial body to perform the tasks provided for in this Directive.

Or. en

Amendment 323

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. When defining and delimiting soil districts, Member States shall consult local and regional authorities as well as landowners.

Or. en

Amendment 324

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall designate the competent authorities responsible at an appropriate level for carrying out the duties laid down in this Directive.

Member States shall designate the competent authorities responsible at an appropriate level for carrying out the duties laid down in this Directive, taking into account existing administrative divisions and overlapping responsibilities in divisions and overlapping responsibilities, in particular where soil districts are cross-regional.

Or. en

Amendment 325

Esther de Lange

Proposal for a directive

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall designate the competent authorities responsible at an appropriate level for carrying out the duties laid down in this Directive.

Or. en

Amendment 326

Silvia Modig

Proposal for a directive

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall designate the competent authorities responsible at an appropriate level for carrying out the duties laid down in this Directive.

Member States shall by 9 months after the entry into force designate the competent authorities responsible at an appropriate level for carrying out the duties laid down in this Directive.

Or. en

Amendment 327

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

Member States shall designate one competent authority for each soil district established in accordance with Article 4.

deleted

Or. en

Amendment 328

Anders Vistisen, Aurélia Beigneux

on behalf of the ID Group

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

Member States shall designate one competent authority for each soil district established in accordance with Article 4.

deleted

Or. en

Amendment 329

Esther de Lange

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

Member States shall designate one competent authority for each soil district established in accordance with Article 4.

Member States shall designate one existing competent authority for each, or several soil districts established in accordance with Article 4.

Or. en

Amendment 330

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

Member States shall designate one competent authority for each soil district established in accordance with Article 4.

Member States shall designate one competent authority for each soil district, or several, established in accordance with Article 4.

Or. en

Amendment 331

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

Member States shall designate one competent authority for each soil district established in accordance with Article 4.

Member States shall, if needed, designate one competent authority for each soil district established in accordance with Article 4.

Or. en

Amendment 332

Robert Roos

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

Member States shall designate one competent authority for each soil district established in accordance with Article 4.

Member States shall designate a competent authority for each soil district established in accordance with Article 4.

Or. en

Amendment 333

Ljudmila Novak

Proposal for a directive

Article 5 – paragraph 2 – point 1 (new)

Text proposed by the Commission

Amendment

(1) Member States shall, in the first instance, designate authorities that are already established (operating) to implement these new tasks. One authority may be responsible for several districts or for all districts in the Member State.

Or. sl

Amendment 334

Maria Arena

Proposal for a directive

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall establish a monitoring framework 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.

Or. en

Amendment 335

Róża Thun und Hohenstein

Proposal for a directive

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 336

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 337

Stanislav Polčák

Proposal for a directive

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall monitor soil health and land take in each soil district.

(Does not affect the English version.)

Or. cs

Amendment 338

Nils Torvalds, Asger Christensen, Ulrike Müller, Erik Poulsen

Proposal for a directive

Article 6 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. Member States should make use of the expertise of national research institutes and existing national monitoring systems.

Or. en

Justification

It is important to ensure the cost-effectiveness of monitoring and confidence in the ability of the Member States to produce harmonised data. The best way to do this is to use national research institutes and existing systems.

Amendment 339

Maria Arena

Proposal for a directive

Article 6 – paragraph 3 – point a a (new)

Text proposed by the Commission

Amendment

(a a) the list of key contaminants referred to in Article 7(2a),

Or. en

Amendment 340

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema, Nils Torvalds

Proposal for a directive

Article 6 – paragraph 3 – point a a (new)

Text proposed by the Commission

Amendment

(a a) existing soil monitoring frameworks;

Or. en

Amendment 341

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema, Nils Torvalds

Proposal for a directive

Article 6 – paragraph 3 – point a b (new)

Text proposed by the Commission

Amendment

(a b) available data and assessments of soil health in Member States;

Or. en

Amendment 342

Ljudmila Novak

Proposal for a directive

Article 6 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) the soil sampling points to be determined in accordance with Article 8(2);

(b) the soil sampling points and sampling depth to be determined in accordance with Articles 8(1a) and 8(2);

Or. sl

Amendment 343

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema, Nils Torvalds

Proposal for a directive

Article 6 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) the remote sensing data and products referred to in paragraph 5 of this Article, if any;

(d) trustworthy and scientifically robust remote sensing data and products referred to in paragraph 5 of this Article, if any;

Or. en

Amendment 344

Francesca Peppucci, Massimiliano Salini, Fulvio Martusciello

Proposal for a directive

Article 6 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) the remote sensing data and products referred to in paragraph 5 of this Article, if any;

(d) the relevant remote sensing data that is approved scientifically and products referred to in paragraph 5 of this Article, if any;

Or. en

Amendment 345

Francesca Peppucci, Massimiliano Salini, Fulvio Martusciello

Proposal for a directive

Article 6 – paragraph 3 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

For the purposes of monitoring activities, no economic burden should be placed on the landowner and land manager.

Or. en