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 556

Maria Angela Danzì

Proposal for a directive

Article 11 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) compensate as much as possible the loss of soil capacity to provide multiple ecosystem services.

(b) compensate agricultural or natural areas which, having been subject to transformation projects approved before the date of entry into force of this Directive and still in progress on that date, are converted into areas designated for human functions;

Or. it

Amendment 557

Silvia Modig

Proposal for a directive

Article 11 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) compensate as much as possible the loss of soil capacity to provide multiple ecosystem services.

(b) compensate the loss of soil capacity to provide multiple ecosystem services through de-sealing soil surfaces and restoring the soil ecosystems.

Or. en

Amendment 558

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 11 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) compensate as much as possible the loss of soil capacity to provide multiple ecosystem services.

(b) compensate the loss of soil capacity to provide multiple ecosystem services.

Or. en

Amendment 559

Robert Roos

Proposal for a directive

Article 11 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(b a) Paragraphs 1 and 2 do noy apply for the following types of projects:

(i) Building and transformation of housing units, with a particular emphasis on the social housing sector;

(ii) The rollout of low-carbon energy projects that are directly linked to achieving the objectives laid down in Regulation (EU) 2021/1119 European Climate Law;

Or. en

Justification

These exemptions are essential to balance environmental protection with urgent social and green economy needs. Housing projects, especially in the social sector, address fundamental human rights, while low-carbon energy initiatives are vital for meeting climate goals under the European Climate Law.

Amendment 560

Maria Angela Danzì

Proposal for a directive

Article 11 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) establish, for individual regions and at national level, a minimum area allocation reserved for the agricultural, horticultural and forestry sectors, which, in the event of land being taken away from those uses, must be replenished by means of new land that has already been converted for farming.

Or. it

Amendment 561

Ljudmila Novak

Proposal for a directive

Article 11 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) (c) opening and restoring soil ecosystem services.

Or. sl

Amendment 562

Ljudmila Novak

Proposal for a directive

Article 11 – paragraph 1 – point b b (new)

Text proposed by the Commission

Amendment

(bb) (d) concentration of urbanised areas taking into account the conservation of green spaces and natural terrain; and

Or. sl

Amendment 563

Ljudmila Novak

Proposal for a directive

Article 11 – paragraph 1 – point b c (new)

Text proposed by the Commission

Amendment

(bc) (e) revitalisation of brownfield sites.

Or. sl

Amendment 564

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

Proposal for a directive

Article 11 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

The Member States shall lay down a mandatory conservation requirement for agricultural and forest land to secure the supply of food, feed and renewable raw materials and in the interest of the bioeconomy;

Or. de

Amendment 565

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 11 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

Member States shall establish a comprehenisve mapping of abondoned, brownfield and industrial sites

Or. en

Amendment 566

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

Proposal for a directive

Article 11 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

The Member States shall take all necessary measures to reach net zero in the use of agricultural and forestry land for settlement or transport measures in 2030;

Or. de

Amendment 567

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 11 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

Member States shall register the purpose and activities pursued in cases of land take

Or. en

Amendment 568

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 11 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

No land take, especially no industrial zoning, shall take place on water protection areas such as those protected pursuant to article 6(2) of the Water Framework Directive 2000/60/EC.

Or. en

Amendment 569

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 11 – paragraph 1 d (new)

Text proposed by the Commission

Amendment

Member States shall ensure easy access to impartial and independent advice on avoiding and minimising land take, training activities and capacity building for all relevant actors including for competent authorities.

Or. en

Amendment 570

Robert Roos

Proposal for a directive

Article 11 a (new)

Text proposed by the Commission

Amendment

Article11a

Cross-Territorial Compensation within the Union

1. Without prejudice to the provisions laid down in article 11, Member States are permitted to execute compensatory measures in the territory of another Member State.

2. The cross-territorial compensation shall adhere to the following conditions:

a. The compensatory measures are in accordance with the overarching principles of reducing the loss of the soil’s capacity to provide multiple ecosystem services.

b. The compensatory actions taken in the territory of another Member State shall not adversely affect the host territory’s own ability to provide ecosystem services.

Or. en

Justification

The purpose of this amendment is to acknowledge and address the unique challenges faced by Member States, particularly smaller ones, in simultaneously undertaking multiple critical tasks. These tasks include building the necessary infrastructure for the Green Transition and providing adequate (social) housing. Recognising these constraints, the amendment facilitates a more flexible approach to compensatory measures for land take.

Amendment 571

Andreas Glück, Ulrike Müller, Ondřej Knotek

Proposal for a directive

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall manage the risks for human health and the environment of potentially contaminated sites and contaminated sites, and keep them to acceptable levels, taking account of the environmental, social and economic impacts of the soil contamination and of the risk reduction measures taken pursuant to Article 15 paragraph 4.

Member States shall also take into account of the environmental, social and economic impacts of the risk reduction measures taken pursuant to Article 15 paragraph 4.

Or. en

Amendment 572

Jan Huitema

Proposal for a directive

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall manage the risks for human health and the environment of potentially contaminated sites and contaminated sites, and keep them to acceptable levels considering the intended function of the soil, taking account of the environmental, social and economic impacts of the soil contamination and of the risk reduction measures taken pursuant to Article 15 paragraph 4.

Or. en

Amendment 573

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall manage and continously reduce the the risks for human and animal health and the environment of potentially contaminated sites and contaminated sites, and keep them to acceptable levels, taking account of the environmental, social and economic impacts of the soil contamination and of the risk reduction measures taken pursuant to Article 15 paragraph 4

Or. en

Amendment 574

Anders Vistisen, Aurélia Beigneux

on behalf of the ID Group

Proposal for a directive

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall manage the risks for human health and the environment of potentially contaminated sites and contaminated sites, and keep them to acceptable national minimum levels of contamination levels, taking account of the environmental, social and economic impacts of the soil contamination and of the risk reduction measures taken pursuant to Article 15 paragraph 4.

Or. en

Amendment 575

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

Proposal for a directive

Article 12 – paragraph 2 – point c

Text proposed by the Commission

Amendment

deleted

Or. de

Amendment 576

Silvia Modig

Proposal for a directive

Article 12 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. The public concerned shall be given early and effective opportunities:

4. The public shall be given early and effective opportunities:

Or. en

Amendment 577

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 12 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. The public concerned shall be given early and effective opportunities:

4. The public shall be given early and effective opportunities:

Or. en

Amendment 578

Maria Arena

Proposal for a directive

Article 12 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) to participate in the establishment and concrete application of the risk-based approach as defined in this Article;

(a) to participate in the establishment and concrete application of the risk-based approach as defined in this Article, the identification of potentially contaminated sites in accordance with Article 13, the investigation of potentially contaminated sites in accordance with Article 14 and the assessment and management of contaminated sites in accordance with Article 15, pursuant to the requirements set out in Article 19;

Or. en

Amendment 579

Silvia Modig

Proposal for a directive

Article 12 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. To this end, Member States shall ensure that the public referred to in paragraph 4 is informed in a timely, adequate and effective manner, including by public notices and electronic media, of:

(a) the risk assessment for each specific site, where available;

(b) any relevant environmental information held by the competent authority;and

i. the administrative entity from which the relevant information may be obtained,

ii. the administrative entity to which comments, opinions or questions may be submitted, and

iii. reasonable timeframes allowing sufficient time for the public to be informed and to prepare and participate effectively in the environmental decision-making process.

A time limit of at least eight weeks shall be set for receiving comments. Where meetings or hearings are organised, prior notice of at least four weeks shall be given.

Or. en

Amendment 580

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 12 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. To this end, Member States shall ensure that the public is informed in a timely, adequate and effective manner, including by public notices and electronic media, of:

(a) the risk assessment for each specific site, where available;

(b) any relevant environmental information held by the competent authority;

i. the administrative entity from which the relevant information may be obtained,

ii. the administrative entity to which comments, opinions or questions may be submitted, and

iii. reasonable timeframes allowing sufficient time for the public to be informed and to prepare and participate effectively in the environmental decision-making process. A time limit of at least eight weeks shall be set for receiving comments. Where meetings or hearings are organised, prior notice of at least four weeks shall be given.

Or. en

Amendment 581

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 12 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4 b. In taking a decision pursuant to Articles 12-15, Member States shall take due account of the outcome of the public participation. Member States and competent authorities shall promptly inform the public of the decision and of the reasons and considerations upon which the decision is based, including an explanation of how the outcome of the public participation was taken into account.

Or. en

Amendment 582

Silvia Modig

Proposal for a directive

Article 12 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4 b. In taking a decision pursuant to Articles 12-15, Member States shall take due account of the outcome of the public participation. Member States shall promptly inform the public of the decision and of the reasons and considerations upon which the decision is based, including an explanation of how the outcome of the public participation was taken into account.

Or. en

Amendment 583

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall systematically and actively identify all sites where a soil contamination is suspected based on evidence collected through all available means (‘potentially contaminated sites’).

Or. en

Amendment 584

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

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

(1) Member States shall systematically and actively identify all sites where a soil contamination is suspected based on evidence collected through appropriate means and set procedures (‘potentially contaminated sites’).

Or. de

Amendment 585

Andreas Glück, Ulrike Müller, Ondřej Knotek

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall systematically and actively identify all sites where a soil contamination is suspected based on evidence collected through proportional means (‘potentially contaminated sites’).

Or. en

Amendment 586

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 13 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. Member States shall set up an archiving policy at each governance level paying special attention to the maintenance of a performant archive system that provides efficient access to research and innovation stakeholders, land users and owners to use soil quality information from these historical data;

Or. en

Amendment 587

Danilo Oscar Lancini

Proposal for a directive

Article 13 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

When identifying the potentially contaminated sites Member States shall take into account the following criteria:

When identifying the potentially contaminated sites Member States may take into account the following criteria:

Or. en

Amendment 588

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

Proposal for a directive

Article 13 – paragraph 2 – subparagraph 1 – point d

Text proposed by the Commission

Amendment

(d) operation of an activity referred to in Annex III to Directive 2004/35/CE of the European Parliament and of the Council78;

deleted

_________________

78 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56)

Or. de

Amendment 589

Esther de Lange

Proposal for a directive

Article 13 – paragraph 2 – subparagraph 1 – point f a (new)

Text proposed by the Commission

Amendment

(f a) any areas used for the abstraction of drinking water;

Or. en

Amendment 590

Ljudmila Novak

Proposal for a directive

Article 13 – paragraph 2 – subparagraph 1 – point g a (new)

Text proposed by the Commission

Amendment

(ga) occurrence of any disease that is presumed to be linked to exposure to contamination via the soil as a result of local or diffuse pollution.

Or. sl

Amendment 591

Stanislav Polčák

Proposal for a directive

Article 13 – paragraph 2 – subparagraph 1 – point g a (new)

Text proposed by the Commission

Amendment

g a) h) any information provided by the public or Member State authorities.

Or. cs

Amendment 592

Danilo Oscar Lancini

Proposal for a directive

Article 13 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

For the purpose of the first subparagraph point (a), Member States shall lay down a list of potentially contaminating risk activities. Those activities may be further classified according to their risk to cause soil contamination based on scientific evidence.

Member States shall lay down a list of potentially contaminated sites based on scientific evidence.

Or. en

Amendment 593

Ljudmila Novak

Proposal for a directive

Article 13 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

For the purpose of the first subparagraph point (a), the Commission, the Council of the EU and the European Parliament shall lay down a list of potentially contaminating risk activities. Those activities may be further classified according to their risk to cause soil contamination based on scientific evidence.

Or. sl

Amendment 594

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 13 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that all potentially contaminated sites are identified by (OP: please insert date = 7 years after date of entry into force of the Directive) and are duly recorded in the register referred to in Article 16 by that date.

Or. en

Amendment 595

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 13 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that all potentially contaminated sites are identified by (OP: please insert date = 5 years after date of entry into force of the Directive) and are duly recorded in the register referred to in Article 16 by that date.

Or. en

Amendment 596

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

Proposal for a directive

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that all potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation.

(1) Member States shall ensure that all potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation, where appropriate and in order of priorities.

Or. de

Justification

Soil investigations should be carried out on the basis of priorities and evidence collected. A targeted approach makes it possible to focus on areas with greater environmental impacts or issues. This tailor-made strategy aims to strike a balance between environmental protection and practical considerations.

Amendment 597

Anna Zalewska

on behalf of the ECR Group

Proposal for a directive

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that all potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation.

1. Member States shall ensure that potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation, where appropriate and according to prioritisation.

Or. en

Amendment 598

Andreas Glück, Ulrike Müller, Ondřej Knotek

Proposal for a directive

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that all potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation.

1. Where appropriate, Member States shall ensure that potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation.

Or. en

Amendment 599

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 14 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall lay down the rules concerning the deadline, content, form and the prioritisation of the soil investigations. Those rules shall be established in accordance with the risk-based approach referred to in Article 12 and the list of potentially contaminating risk activities referred to in Article 13(2), second subparagraph.

Potentially contaminated sites located in areas used for the abstraction of water for human consumption shall be prioritised for investigation.

Or. en

Amendment 600

Anna Zalewska

on behalf of the ECR Group

Proposal for a directive

Article 14 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall lay down the rules concerning the deadline, content, form and the prioritisation of the soil investigations and taking into account environmental, social and economic aspects. Those rules shall be established in accordance with the risk-based approach referred to in Article 12 and the list of potentially contaminating risk activities referred to in Article 13(2), second subparagraph.

Or. en

Amendment 601

Ljudmila Novak

Proposal for a directive

Article 14 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall lay down the rules concerning the deadline, content, form and the prioritisation of the soil investigations, taking into account environmental, social and economic aspects. Those rules shall be established in accordance with the risk-based approach referred to in Article 12 and the list of potentially contaminating risk activities referred to in Article 13(2), second subparagraph.

Or. sl

Justification

The presence of harmful substances is not limited to the proximity of industrial or other point sources, but can arise from various pervasive sources, such as residues of medicinal products, pesticides, hormones and antiparasitics, which can spread over long distances and which do not degrade in the environment for a long time. They may accumulate in the human body or in environmental organisms, having a combined impact on health.

Amendment 602

Danilo Oscar Lancini

Proposal for a directive

Article 14 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall lay down the rules concerning the deadline, content, form and the prioritisation of the soil investigations. Those rules shall be established in accordance with the risk-based approach referred to in Article 12 and the list of potentially contaminated sites referred to in Article 13(2), second subparagraph.

Or. en

Amendment 603

Francesca Peppucci, Massimiliano Salini, Fulvio Martusciello

Proposal for a directive

Article 14 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall also establish specific events that trigger an investigation before the deadline set in accordance with paragraph 2.

deleted

Or. en

Amendment 604

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 14 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall also establish specific events that trigger an investigation before the deadline set in accordance with paragraph 2.

3. Member States shall also establish specific events including but not limited to land use change and building permits, that trigger an investigation before the deadline set in accordance with paragraph 2.

Or. en

Amendment 605

Pascal Canfin

Proposal for a directive

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall lay down the specific methodology for determining the site-specific risks of contaminated sites. Such methodology shall be based on the phases and requirements for site-specific risk assessment listed in Annex VI.

1. Member States shall lay down the specific methodology for assessing the site-specific risks of contaminated sites. Such methodology shall be based on the phases and requirements for site-specific risk assessment listed in Annex VI.

Or. en

Amendment 606

Ljudmila Novak

Proposal for a directive

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall define what constitutes an unacceptable risk for human health and the environment resulting from contaminated sites by taking into account existing scientific knowledge, the precautionary principle, local specificities, and current and future land use.

2. Annex VIII lays down minimum standards in relation to unacceptable risk for human and environmental health resulting from contaminated sites by taking into account existing scientific knowledge and the precautionary principle, taking local specificities and current and future land use into consideration.

Or. sl

Amendment 607

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall define what constitutes an unacceptable risk for human and animal health and the environment resulting from contaminated sites by taking into account existing scientific knowledge, the precautionary principle, local specificities, and current and future land use.

Or. en

Amendment 608

Pascal Canfin

Proposal for a directive

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall define what constitutes an unacceptable risk for human health and the environment resulting from contaminated sites by taking into account existing scientific knowledge, the precautionary principle. These management values are applicable in all Member States.

Or. en

Amendment 609

Pascal Canfin

Proposal for a directive

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall define what constitutes an unacceptable risk for human health and the environment resulting from contaminated sites by taking into account existing scientific knowledge, the precautionary principle, local specificities, and current and future land use.

Or. en

Amendment 610

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

Proposal for a directive

Article 15 – paragraph 3

Text proposed by the Commission

Amendment

3. For each contaminated site identified pursuant to Article 14 or by any other means, the responsible competent authority shall carry out a site-specific assessment for the current and planned land uses to determine whether the contaminated site poses unacceptable risks for human health or the environment. Member States may, where appropriate, consider assessments carried out in accordance with Directive 2011/92/EU and/or Directive 2010/75/EU and/or Directive 2012/18/EU as sufficient.

Or. de

Justification

The EU soil monitoring and resilience law should ensure policy coherence and avoid double regulation or additional red tape.

Amendment 611

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 15 – paragraph 3

Text proposed by the Commission

Amendment

Or. en

Amendment 612

Anna Zalewska

on behalf of the ECR Group

Proposal for a directive

Article 15 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. Member States may consider assessments which have been implemented in accordance with the Directive 2011/92/EU or Directive 2010/75/EU or Directive 2012/18/EU as sufficient, where appropriate.

Or. en

Amendment 613

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 15 – paragraph 4

Text proposed by the Commission

Amendment

4. On the basis of the outcome of the assessment referred to in paragraph 3, the responsible competent authority shall take the appropriate measures to bring the risks to an acceptable level for human health and the environment (‘risk reduction measures’).

4. On the basis of the outcome of the assessment referred to in paragraph 3, the responsible competent authority shall ensure that the appropriate measures are taken to bring the risks to an acceptable level for human health and the environment (‘risk reduction measures’).

Or. en

Justification

This allows for third parties delegated or contracted by the competent authorities to do the work.

Amendment 614

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 15 – paragraph 5

Text proposed by the Commission

Amendment

5. The risk reduction measures may consist of the measures referred to in Annex V. When deciding on the appropriate risk reduction measures, the competent authority shall take into consideration the costs, benefits, effectiveness, durability, and technical feasibility of available risk reduction measures. The entity or entities responsable for the contamination shall be identified and shall bear associated costs in a proportional manner and where possible, in line with the polluter pays principle.

Or. en

Amendment 615

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

Proposal for a directive

Article 15 – paragraph 5

Text proposed by the Commission

Amendment

(5) The risk reduction measures may consist of the measures referred to in Annex V. When deciding on the appropriate risk reduction measures, the competent authority shall take into consideration the costs, benefits, effectiveness, durability, and technical feasibility of available risk reduction measures. The competent authority shall also take into account the measures already implemented or planned within the framework of Directive 2012/18/EU and/or Directive 2010/75/EU.

Or. de

Justification

The EU soil monitoring and resilience law should ensure policy coherence and avoid double regulation or additional red tape.

Amendment 616

Ljudmila Novak

Proposal for a directive

Article 15 – paragraph 5

Text proposed by the Commission

Amendment

5. The risk reduction measures may consist of the measures referred to in Annex V. When deciding on the appropriate risk reduction measures, the competent authority shall take into consideration the costs, benefits, effectiveness, durability, and technical feasibility of available risk reduction measures. Member States shall always aim to prevent and remove soil contamination.

Or. sl

Amendment 617

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 15 – paragraph 5 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

When the risk reduction measures affect surrounding water bodies used for abstraction of water intended for human consumption, these measures shall comply with the acceptable risk standards set out in Directive (EU) 2020/2184.

Or. en

Amendment 618

Pascal Canfin

Proposal for a directive

Article 15 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5 a. The Commission shall adopt delegated acts to establish limit values in relation to the definition of an unacceptable risk for human health and the environment resulting from contaminated sites as referred to in paragraph 2. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 21.

Or. en

Amendment 619

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

Proposal for a directive

Article 16

Text proposed by the Commission

Amendment

Article 16

deleted

1. By … (OP : please insert date = 4 years after entry into force of the Directive), Member States shall, in accordance with paragraph 2, draw up a register of contaminated sites and potentially contaminated sites.

2. The register shall contain the information set out in Annex VII.

3. The register shall be managed by the responsible competent authority and shall be regularly kept under review and up to date.

Member States shall make public the register and information referred to in paragraphs 1 and 2. Disclosure of any information may be refused or restricted by the competent authority where the conditions laid down in Article 4 of Directive 2003/4/EC of the European Parliament and of the Council79are fulfilled.

The register shall be made available in an online georeferenced spatial database.

5. The Commission shall adopt implementing acts establishing the format of the register. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.

_________________

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

Or. de

Amendment 620

Francesca Peppucci, Massimiliano Salini, Fulvio Martusciello

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

1. By … (OP : please insert date = 4 years after entry into force of the Directive), Member States shall, in accordance with paragraph 2, draw up a register of contaminated sites.

Or. en

Amendment 621

Andreas Glück, Ulrike Müller, Ondřej Knotek

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

1. By … (OP : please insert date = 4 years after entry into force of the Directive), Member States shall, in accordance with paragraph 2, draw up a register of contaminated sites.

Or. en

Amendment 622

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

1. By … (OP : please insert date = 3 years after entry into force of the Directive), Member States shall, in accordance with paragraph 2, draw up a register of contaminated sites and potentially contaminated sites.

Or. en

Amendment 623

Silvia Modig

Proposal for a directive

Article 16 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that the register and information referred to in paragraphs 1 and 2 are progressively made available to the public, in the form of an online, free-of charge and user-friendly platform. Disclosure of any information may be refused or restricted by the competent authority where the conditions laid down in Article 4 of Directive 2003/4/EC of the European Parliament and of the Council79 are fulfilled. Reasons for refusal shall be substantiated and stated in writing or electronically.

_________________

Or. en

Amendment 624

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 16 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall make public the register and information referred to in paragraphs 1 and 2, free of charge.

_________________

Or. en

Amendment 625

Maria Arena

Proposal for a directive

Article 16 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall make public and accessible free of charge the register and information referred to in paragraphs 1 and 2. Disclosure of any information may be refused or restricted by the competent authority where the conditions laid down in Article 4 of Directive 2003/4/EC of the European Parliament and of the Council79 are fulfilled. Reasons for refusal or restriction shall be substantiated and communicated in writing or electronically.

_________________

Or. en

Amendment 626

Silvia Modig

Proposal for a directive

Article 16 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission shall by ... [OP : please insert date 1 year from entry into force of the Directive] adopt implementing acts establishing the format of the register. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.

Or. en

Amendment 627

Silvia Modig

Proposal for a directive

Article 16 a (new)

Text proposed by the Commission

Amendment

Article 16a

Financial guarantee

(1) The competent authority shall, prior to the commencement of any operations that could lead to soil contamination, require a financial guarantee or equivalent so that there are funds readily available at any given time for the rehabilitation of the soil affected by the activity.

(2) The calculation of the guarantee referred to in paragraph 1 shall be made on the basis of:

(a) the likely environmental impact of the activity;

(b) the assumption that independent and suitably qualified third parties will assess and perform any remediation work needed.

(3) The size of the guarantee shall be periodically adjusted in accordance with any remediation work needed to be carried out on the land affected by the activity.

Or. en

Amendment 628

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 17 – title

Text proposed by the Commission

Amendment

Union financing

Union and Member States' financing

Or. en

Amendment 629

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1. Given the priority inherently attached to the establishment of soil monitoring and sustainable management and regeneration of soils, the implementation of this Directive shall be supported by existing Union financial programmes in accordance with their applicable rules and conditions.

2. Member States shall where feasible introduce a sanctioning system to dissuade the conversion of agricultural land, greenfields and forests, whereby a levy or a penalty is applied where land-take occurs with soil sealing. On brownfield such a levy shall not be applied.

Or. en

Amendment 630

Ljudmila Novak

Proposal for a directive

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

Given the priority inherently attached to the establishment of soil monitoring and sustainable management and regeneration of soils, the implementation of this Directive shall be supported by existing Union financial programmes in accordance with their applicable rules and conditions. The Commission shall propose recommendations to improve and facilitate the use of funds and integrate soil monitoring and sustainable management into funding under the next MFF.

Or. sl

Amendment 631

Silvia Modig

Proposal for a directive

Article 17 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

When implementing the obligations set out in this Directive, Member States shall make use of local, regional and national funds, and available Union funds, to finance monitoring and restoration actions.

Or. en

Amendment 632

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 17 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

3. Member States shall ensure that sufficient resources are made available to achieve the objectives of this directive.

Or. en

Amendment 633

Silvia Modig

Proposal for a directive

Article 17 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

The Commission shall monitor the capacity of the Member States to absorb Union funds related to soil. The Commission shall provide training and technical support to increase the absorption capacity of the Member States.

Or. en

Amendment 634

Silvia Modig

Proposal for a directive

Article 17 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

By 12 months from the entry into force of this Directive, the Commission shall, in consultation with Member States, submit a report to the European Parliament and the Council containing:

(a) an overview of financial resources available at the EU level for the purpose of implementing this Directive;

(b) an assessment of the funding needs to implement the obligations under this Directive;

(d) where appropriate, proposals for adequate measures, including financial measures to address the gaps identified, in particular the establishment of dedicated EU soil funding, and without prejudging the prerogatives of co-legislators for the adoption of the multiannual financial framework post 2027.

Or. en

Amendment 635

Andreas Glück, Ulrike Müller, Ondřej Knotek

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall electronically report the following data and information to the Commission and to the EEA every 5 years:

Member States shall electronically report the following data and information to the Commission and to the EEA every 6 years:

Or. en

Justification

Alignment with other environmental legislation like the Water Framework Directive or the Habitats Directive.

Amendment 636

Anders Vistisen, Aurélia Beigneux

on behalf of the ID Group

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) a trend analysis of the soil health for the descriptors listed in parts A, B, and C of Annex I and for the land take and soil sealing indicators listed in part D of Annex I in accordance with Article 9;

deleted

Or. en

Amendment 637

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

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 1 – point c – point i

Text proposed by the Commission

Amendment

(i) implementing sustainable soil management principles in accordance with Article 10;

deleted

Or. de

Amendment 638

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 1 – point c – point i

Text proposed by the Commission

Amendment

(i) implementing sustainable soil management principles in accordance with Article 10;

(i) defining soil management principles in accordance with Article 10;

Or. en

Amendment 639

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

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 1 – point c – point ii

Text proposed by the Commission

Amendment

(ii) the registration, identification, investigation, and management of contaminated sites in accordance with Articles 12 to 16;

deleted

Or. de

Amendment 640

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 1 – point c – point ii a (new)

Text proposed by the Commission

Amendment

(ii a) the fulfilment of the targets for healthy soil established in accordance with article 9a (new);

Or. en

Justification

Reinforces the link with the obligation for competent authorities to define clear targets via their Soil District Plans

Amendment 641

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 1 – point c – point ii a (new)

Text proposed by the Commission

Amendment

(ii a) improving soil health within Member State in accordance with Article 9(4a)

Or. en

Amendment 642

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

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 1 – point d

Text proposed by the Commission

Amendment

(d) the data and information contained in the register referred to in Article 16.

deleted

Or. de

Amendment 643

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

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The first reports shall be submitted by … (OP: please insert date = 5 years and 6 months after entry into force of the Directive).

The first reports shall be submitted by (OP: please insert date = 10 years and 6 months after entry into force of the Directive).

Or. de

Amendment 644

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 18 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) an up-to-date list and spatial data of their soil districts referred to in Article 4 by … (OP: please insert the date = 2 years and 3 months after date of entry into force of the Directive);

(a) an up-to-date list and spatial data of their soil districts referred to in Article 4 by … (OP: please insert the date = 2 years and 3 months after date of entry into force of the Directive) and their respective district plans;

Or. en

Amendment 645

Maria Arena

Proposal for a directive

Article 18 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) an up-to-date list and spatial data of their soil districts referred to in Article 4 by … (OP: please insert the date = 2 years and 3 months after date of entry into force of the Directive);

(a) an up-to-date list and spatial data of their soil districts referred to in Article 4 by … (OP: please insert the date = 12 months after date of entry into force of the Directive);

Or. en

Amendment 646

Maria Arena

Proposal for a directive

Article 18 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) an up-to-date list of the competent authorities referred to in Article 5 by … (OP: please insert the date = 2 years and 3 months after date of entry into force of the Directive);

(b) an up-to-date list of the competent authorities referred to in Article 5 by … (OP: please insert the date = 12 months after date of entry into force of the Directive);

Or. en

Amendment 647

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

Proposal for a directive

Article 18 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) the measures and sustainable soil management practices referred to in Article 10 by… (OP: please insert the date = 4 years and 3 months after date of entry into force of the Directive).

deleted

Or. de

Amendment 648

Maria Arena

Proposal for a directive

Article 18 – paragraph 3 – point c a (new)

Text proposed by the Commission

Amendment

(c a) soil district plans as defined in Article 9(4a) by… [OP: please insert the date – 5 years and 6 months after date of entry into force of the Directive];

Or. en

Amendment 649

Maria Arena

Proposal for a directive

Article 18 – paragraph 3 – point c b (new)

Text proposed by the Commission

Amendment

(c b) updated soil district plans (following any update pursuant to Article 9(4a)) within 6 months of the plan being updated.

Or. en

Amendment 650

Maria Arena

Proposal for a directive

Article 19 – title

Text proposed by the Commission

Amendment

Information to the public

Information to the public and public participation

Or. en

Amendment 651

Silvia Modig

Proposal for a directive

Article 19 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall make public the data generated by the monitoring carried out under Article 8 and the assessment carried out under Article 9 of this Directive accessible to the public, in accordance with the provisions under Article 11 of Directive 2007/2/EC of the European Parliament and of the Council80 for geographically explicit data and Article 5 of Directive (EU) 2019/1024 for other data.

1. Member States shall publish and make available and easily accessible to the public via the internet or any other appropriate means the data generated by the monitoring carried out under Article 8, the assessments carried out under Article 9 and Article 10(3) of this Directive accessible to the public, in accordance with the provisions under Article 11 of Directive 2007/2/EC of the European Parliament and of the Council80 for geographically explicit data and Article 5 of Directive (EU) 2019/1024 for other data.

_________________

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

Or. en

Amendment 652

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 19 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall, without any restrictions and free of charge, make public the data generated by the monitoring carried out under Article 8 and the assessment carried out under Article 9 of this Directive accessible to the public, in accordance with the provisions under Article 11 of Directive 2007/2/EC of the European Parliament and of the Council80 for geographically explicit data and Article 5 of Directive (EU) 2019/1024 for other data.

_________________

Or. en

Amendment 653

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 19 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall make public the assessment carried out under Article 9 of this Directive accessible to the public, in accordance with the provisions under Article 11 of Directive 2007/2/EC of the European Parliament and of the Council80 for geographically explicit data and Article 5 of Directive (EU) 2019/1024 for other data.

_________________

Or. en

Amendment 654

Maria Arena

Proposal for a directive

Article 19 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that the information referred to in Article 18 of this Directive is available and accessible to the public in accordance with Directive 2003/4/EC, Directive 2007/2/EC and Directive (EU) 2019/1024 of the Parliament and of the Council83 .

3. Member States shall ensure that the information referred to in Article 18 of this Directive is available and accessible free of charge to the public in accordance with Directive 2003/4/EC, Directive 2007/2/EC and Directive (EU) 2019/1024 of the Parliament and of the Council83 .

_________________

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

Or. en

Amendment 655

Silvia Modig

Proposal for a directive

Article 19 – paragraph 4

Text proposed by the Commission

Amendment

4. Disclosure of any information required under this Directive may be refused or restricted where the conditions laid down in Article 4 of Directive 2003/4/EC are fulfilled.

deleted

Or. en

Amendment 656

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 19 – paragraph 4

Text proposed by the Commission

Amendment

4. Disclosure of any information required under this Directive may be refused or restricted where the conditions laid down in Article 4 of Directive 2003/4/EC are fulfilled.

deleted

Or. en

Amendment 657

Maria Arena

Proposal for a directive

Article 19 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. Member States shall ensure that the process of elaboration, review and revision of the soil district plans in Article 9, the sustainable soil management practices in Article 10, and the processes related to contaminated sites referred to in Articles 12 to 15 are open, inclusive and effective and that the public concerned is involved and given early and effective opportunities to participate in their elaboration.

Or. en

Amendment 658

Maria Arena

Proposal for a directive

Article 19 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4 b. For the purposed of paragraph 4a, Member States shall ensure that the public referred to in paragraph 5 is informed in a timely, adequate and effective manner, including by public notices and electronic media, of:

(a) the draft proposal(s), where available;

b) any relevant environmental information held by the competent authority;and

i. the administrative entity from which the relevant information may be obtained,

ii. the administrative entity to which comments, opinions or questions may be submitted, and

iii. reasonable timeframes allowing sufficient time for the public to be informed and to prepare and participate effectively in the decision-making process.

Or. en

Amendment 659

Maria Arena

Proposal for a directive

Article 19 – paragraph 4 c (new)

Text proposed by the Commission

Amendment

4 c. A limit of at least eight weeks shall be set for receiving comments. Where meetings or hearings are organized, prior notice of at least four weeks shall be given.

Or. en

Amendment 660

Maria Arena

Proposal for a directive

Article 19 – paragraph 4 d (new)

Text proposed by the Commission

Amendment

4 d. In taking a decision, Member States shall take due account of the outcome of the public participation. Member States shall promptly inform the public of the decision and of the reasons and considerations upon which the decision is based, including an explanation of how the outcome of the public participation was taken into account.

Or. en

Amendment 661

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 20

Text proposed by the Commission

Amendment

Article 20

deleted

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles 8, 10, 15 and 16 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.

3. The delegation of power referred to in Articles 8, 10, 15 and 16 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Articles 8, 10, 15 and 16 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Or. en

Amendment 662

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 7, 8, 10, 15 and 16 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.

Or. en

Amendment 663

Ondřej Knotek

Proposal for a directive

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 8, 9, 10, 15 and 16 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.

Or. en

Amendment 664

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 8, 15 and 16 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.

Or. en

Amendment 665

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 20 – paragraph 3

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Articles 7, 8, 10, 15 and 16 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Or. en

Amendment 666

Ondřej Knotek

Proposal for a directive

Article 20 – paragraph 3

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Articles 8, 9, 10, 15 and 16 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Or. en

Amendment 667

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Article 20 – paragraph 3

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Articles 8, 15 and 16 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Or. en

Amendment 668

Ljudmila Novak

Proposal for a directive

Article 20 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. Prior to the first publication of data, the Commission shall carry out an analysis, together with the Member States, to ensure that the data are robust and reliable.

Or. sl

Amendment 669

Ondřej Knotek

Proposal for a directive

Article 20 – paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Articles 8, 9, 10, 15 and 16 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Or. en

Amendment 670

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 20 – paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Articles 7, 8, 10, 15 and 16 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Or. en

Amendment 671

Esther de Lange

Proposal for a directive

Article 22

Text proposed by the Commission

Amendment

Article 22

deleted

Access to justice

Member States shall ensure that members of the public, in accordance with national law, that have a sufficient interest or that maintain the impairment of a right, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the assessment of soil health, the measures taken pursuant to this Directive and any failures to act of the competent authorities.

Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient.

Review procedures referred to in paragraph 1 shall be fair, equitable, timely and free of charge or not prohibitively expensive, and shall provide adequate and effective remedies, including injunctive relief where necessary.

Member States shall ensure that practical information is made available to the public on access to the administrative and judicial review procedures referred to in this Article.

Or. en

Amendment 672

Stanislav Polčák

Proposal for a directive

Article 22 – title

Text proposed by the Commission

Amendment

Access to justice

(Does not affect the English version.)

Or. cs

Amendment 673

Andreas Glück, Ulrike Müller, Ondřej Knotek

Proposal for a directive

Article 22 – paragraph 2

Text proposed by the Commission

Amendment

Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice.

Or. en

Amendment 674

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

Proposal for a directive

Article 22 – paragraph 2

Text proposed by the Commission

Amendment

Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice.

Or. en

Amendment 675

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 22 – paragraph 2

Text proposed by the Commission

Amendment

Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection, or public, or human or animal health, and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient.

Or. en

Amendment 676

Stanislav Polčák

Proposal for a directive

Article 22 – paragraph 2

Text proposed by the Commission

Amendment

(Does not affect the English version.)

Or. cs

Amendment 677

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

Proposal for a directive

Article 23

Text proposed by the Commission

Amendment

Article 23

deleted

Penalties

1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council, Member States shall lay down the rules on penalties applicable to violations by natural and legal persons, of the national provisions adopted pursuant to this Directive and shall ensure that those rules are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the violation. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. In the case of a violation committed by a legal person, such fines shall be proportionate to the legal person’s annual turnover in the Member State concerned, taking account, inter alia, the specificities of small and medium-sized enterprises (SMEs).

3. Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable:

(a) the nature, gravity, and extent of the violation;

(b) the intentional or negligent character of the violation;

(c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health and the environment.

4. Member States shall without undue delay notify the Commission of the rules and measures referred to in paragraph 1 and of any subsequent amendments affecting them.

Or. en

Amendment 678

Anders Vistisen, Aurélia Beigneux

on behalf of the ID Group

Proposal for a directive

Article 23

Text proposed by the Commission

Amendment

Article 23

deleted

Penalties

3. Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable:

(a) the nature, gravity, and extent of the violation;

(b) the intentional or negligent character of the violation;

4. Member States shall without undue delay notify the Commission of the rules and measures referred to in paragraph 1 and of any subsequent amendments affecting them.

Or. en

Justification

The EU has competency in the area of criminal law to a limited extent, primarily when it pertains to the protection of the financial interests of the EU and the establishment of minimum rules concerning certain aspects of criminal law. Since this is not the case, it is going beyond its competence to establish punitive principles that can only be established by national organic laws. The EU cannot create a comprehensive European criminal code or establish criminal offenses in the same way that it can adopt regulations or directives in other policy areas. Criminal law remains within the purview of individual Member States.

Amendment 679

Maria Angela Danzì

Proposal for a directive

Article 23 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council, Member States shall lay down the rules on penalties applicable to violations, particularly with regard to soil consumption and contamination, by natural and legal persons, of the national provisions adopted pursuant to Article 11 and Chapter IV of this Directive and shall ensure that those rules are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Or. it

Amendment 680

Maria Angela Danzì

Proposal for a directive

Article 23 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of Parliament and of the Council, Member States shall lay down the rules on penalties applicable to violations of the provisions adopted pursuant to Article 11 and to Chapter IV of this Directive and shall ensure that those rules are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Or. it

Amendment 681

Anna Zalewska

on behalf of the ECR Group

Proposal for a directive

Article 23 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. Member States may use system of financial and administrative incentives instead of penalties as referred in paragraph 1 in order to guarantee the compliance of natural and legal persons with the obligations laid down in the Directive.

Or. en

Amendment 682

Anna Zalewska

on behalf of the ECR Group

Proposal for a directive

Article 23 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

The proposal is disproportionate. Member States should be allowed to lay down their own rules on penalties.

Amendment 683

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 23 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 684

Andreas Glück, Ulrike Müller, Ondřej Knotek

Proposal for a directive

Article 23 – paragraph 2

Text proposed by the Commission

Amendment

2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the violation. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. In the case of a violation committed by a legal person, such fines shall be proportionate to the legal person’s annual turnover in the Member State concerned, particularly taking into account the specificities of small and medium-sized enterprises (SMEs).

Or. en

Amendment 685

Silvia Modig

Proposal for a directive

Article 23 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the nature, gravity, and extent of the violation;

(a) the nature, gravity, and duration of the violation;

Or. en

Amendment 686

Anna Zalewska

on behalf of the ECR Group

Proposal for a directive

Article 23 – paragraph 3 – point b a (new)

Text proposed by the Commission

Amendment

(b a) the repetitive or singular character of the violation;

Or. en

Amendment 687

Silvia Modig

Proposal for a directive

Article 23 – paragraph 3 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 688

Anna Zalewska

on behalf of the ECR Group

Proposal for a directive

Article 23 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of bringing the risks to an acceptable level for human health and the environment.

Or. en

Amendment 689

Silvia Modig

Proposal for a directive

Article 23 – paragraph 3 – point c a (new)

Text proposed by the Commission

Amendment

(c a) the financial strength of the natural or legal person held responsible by the total turnover of the legal person held responsible or the annual income of the natural person held responsible;

Or. en

Amendment 690

Maria Arena

Proposal for a directive

Article 23 – paragraph 3 – point c a (new)

Text proposed by the Commission

Amendment

(c a) any other aggravating or mitigating factors applicable to the circumstances of the violation.

Or. en

Amendment 691

Silvia Modig

Proposal for a directive

Article 23 – paragraph 3 – point c b (new)

Text proposed by the Commission

Amendment

(c b) the economic benefits derived from the infringement by the natural or legal person held responsible, insofar as they can be determined;

Or. en

Amendment 692

Silvia Modig

Proposal for a directive

Article 23 – paragraph 3 – point c c (new)

Text proposed by the Commission

Amendment

(c c) the environmental damage caused by the infringement, insofar as it can be determined;

Or. en

Amendment 693

Silvia Modig

Proposal for a directive

Article 23 – paragraph 3 – point c d (new)

Text proposed by the Commission

Amendment

(c d) previous infringements by the natural or legal person held responsible;

Or. en

Amendment 694

Silvia Modig

Proposal for a directive

Article 23 – paragraph 3 – point c e (new)

Text proposed by the Commission

Amendment

(c e) any action aiming to circumvent or abstruct, or any other aggravating factor applicable to the circumsantces of the case.

Or. en

Amendment 695

Silvia Modig

Proposal for a directive

Article 23 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. The Member States shall at least be able to impose the following penalties in case of infringements of this Directive:

(a) fines;

(b) confiscation of revenues gained by the natural or legal person from a transaction related to the infringement;

(d) exclusion from public procurement procedures.

Or. en

Amendment 696

Silvia Modig

Proposal for a directive

Article 23 a (new)

Text proposed by the Commission

Amendment

Article 23a

Levy

Member States shall ensure that sufficient resources are provided to carry out the monitoring of residues of pesticides and their metabolites in accordance with Article 7 (3) of this Directive as well as the restoration of the concerned soils. Member States may recover the costs related to these obligations by means of a levy on plant protection products.

Or. en

Amendment 697

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Article 24 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. By (OP :please insert the date = 6 years after the date of entry into force of the Directive), the Commission shall carry out an evaluation of this Directive to assess the progress towards its objectives and the need to amend its provisions in order to set more specific requirements to ensure that unhealthy soils are regenerated and that all soils will be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:

Or. en

Amendment 698

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 24 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. By (OP :please insert the date = 6 years after the date of entry into force of the Directive), the Commission shall carry out an evaluation of this Directive to assess the progress towards its objectives and the need to amend its provisions in order to set more specific requirements to ensure that unhealthy soils are regenerated that 75% of the soils of the European Union (EU) are healthy or improving by 2035 and that all soils will be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:

Or. en

Amendment 699

Silvia Modig

Proposal for a directive

Article 24 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. By (OP :please insert the date = 6 years after the date of entry into force of the Directive) and every 5 years thereafter, the Commission shall carry out an evaluation of this Directive to assess the progress towards its objectives and the need to amend its provisions in order to set more specific requirements to ensure that unhealthy soils are regenerated and that all soils will be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:

Or. en

Amendment 700

Francesca Peppucci, Massimiliano Salini, Fulvio Martusciello

Proposal for a directive

Article 24 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. By (OP :please insert the date = 15 years after the date of entry into force of the Directive), the Commission shall carry out an evaluation of this Directive to assess the progress towards its objectives and the need to amend its provisions in order to set more specific requirements to ensure that unhealthy soils are regenerated and that all soils will be in a good ecological stat by 2050. This evaluation shall take into account, inter alia, the following elements:

Or. en

Amendment 701

Robert Roos

Proposal for a directive

Article 24 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. By (OP :please insert the date = 6 years after the date of entry into force of the Directive), the Commission shall carry out an evaluation of this Directive to assess the progress towards its objectives and the need to amend its provisions to ensure that unhealthy soils are regenerated and that all soils will be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:

Or. en

Amendment 702

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

Proposal for a directive

Article 24 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

(1) By (OP: please insert date = 10 years after the date of entry into force of the Directive), the Commission shall carry out an evaluation of this Directive to assess the progress towards its objectives and the need to amend its provisions in order to set more specific requirements to ensure that unhealthy soils are regenerated and that all soils will be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:

Or. de

Amendment 703

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Article 24 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. By (OP :please insert the date = 6 years after the date of entry into force of the Directive), the Commission shall carry out an evaluation of this Directive to assess the progress towards its objectives and the need to amend its provisions in order to ensure that unhealthy soils are regenerated and that all soils are aimed to be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:

Or. en

Amendment 704

Robert Roos

Proposal for a directive

Article 24 – paragraph 1 – point c

Text proposed by the Commission

Amendment

Or. en

Justification

All relevant research should be taken into account.

Amendment 705

Silvia Modig

Proposal for a directive

Article 24 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) an analysis of the gap towards achieving healthy soils by 2050;

(d) an analysis of the gap towards achieving the binding target of healthy soils by 2050 and the intermediate targets and, where applicable, the reasons for any non-achievement;

Or. en

Amendment 706

Francesca Peppucci, Massimiliano Salini, Fulvio Martusciello

Proposal for a directive

Article 24 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) an analysis of the gap towards achieving healthy soils by 2050;

(d) an analysis of the gap towards achieving soils in a good ecological state by 2050;

Or. en

Amendment 707

Silvia Modig

Proposal for a directive

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

Text proposed by the Commission

Amendment

(d a) identification of further measures required at Union and Member State level to achieve the Directive’s objective and soil health targets;

Or. en

Amendment 708

Maria Arena

Proposal for a directive

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

Text proposed by the Commission

Amendment

(d a) an analysis of the gap towards achieving the soil health targets and, where applicable, the reasons for any non-achievement;

Or. en

Amendment 709

Maria Arena

Proposal for a directive

Article 24 – paragraph 1 – point d b (new)

Text proposed by the Commission

Amendment

(d b) identification of any further measures necessary to achieve the Directive’s overarching objective and targets;

Or. en

Amendment 710

Maria Arena

Proposal for a directive

Article 24 – paragraph 1 – point d c (new)

Text proposed by the Commission

Amendment

(d c) the results of the Commission’s review of the soil district plans under Article 9(4a) including suggestions for their improvement;

Or. en

Amendment 711

Maria Arena

Proposal for a directive

Article 24 – paragraph 1 – point d d (new)

Text proposed by the Commission

Amendment

(d d) an assessment of the soil health criteria set by Member States for the descriptors outlined in Annex I.

Or. en

Amendment 712

Maria Arena

Proposal for a directive

Article 24 – paragraph 1 – point d e (new)

Text proposed by the Commission

Amendment

(d e) an evaluation to determine whether descriptors, for which soil health criteria have been established, ought to be relocated from part C to part B of Annex I.

Or. en

Amendment 713

Francesca Peppucci, Massimiliano Salini, Fulvio Martusciello

Proposal for a directive

Article 24 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) an analysis of the possible need to adapt to scientific and technical progress the provisions of this Directive in particular regarding the following items:

deleted

(i) the definition of healthy soils;

(ii) the establishment of criteria for soil descriptors listed in part C of annex I;

(iii) the addition of new soil descriptors for monitoring purposes.

Or. en

Amendment 714

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Article 24 – paragraph 1 – point e – point i

Text proposed by the Commission

Amendment

(i) the definition of healthy soils;

(i) the definition of healthy and moderately unhealthy soils;

Or. en

Amendment 715

Esther de Lange

Proposal for a directive

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

Text proposed by the Commission

Amendment

(e a) the socioeconomic consequences.

Or. en

Amendment 716

Silvia Modig

Proposal for a directive

Article 24 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. The Commission shall relocate the descriptors for the aspect of soil degradation ‘loss of soil biodiversity’ in Annex I from part C to part B.

Or. en

Amendment 717

Robert Roos

Proposal for a directive

Article 24 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall present a report on the main findings of the evaluation referred to in paragraph 1 to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions.

Or. en

Amendment 718

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 24 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 719

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Article 24 a (new)

Text proposed by the Commission

Amendment

Article24a

European Healthy, Living Soils Forum

The Commission shall set up a European Healthy, Living Soils Forum to provide input for guidance and facilitate the coordinated implementation of Union legislation and policies related to soil health monitoring and improving soil health, bringing together all stakeholders including competent authorities of the Member States at all relevant levels, the Commission, industry, civil society, and the scientific community at regular intervals. The European Healthy, Living Soils Forum shall exchange experience and good practices, including on sustainable soil management practices, regeneration practices, and soil management practices to be avoided, that can inform and enhance the soil district plans and their implementation and Member States’ approaches to improving soil health.

Or. en

Justification

This seeks to bring together a range of stakeholders to share experience and knowledge of matters relating to soil health. A similar mechanism exists under Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (the NEC Directive).

Amendment 720

Anders Vistisen, Aurélia Beigneux

on behalf of the ID Group

Proposal for a directive

Article 25 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by … [OP please insert date = 2 years after date of entry into force of the Directive]. They shall forthwith communicate to the Commission the text of those provisions.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 2030. They shall forthwith communicate to the Commission the text of those provisions.

Or. en

Amendment 721

Jan Huitema

Proposal for a directive

Article 25 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by … [OP please insert date = 4 years after date of entry into force of the Directive]. They shall forthwith communicate to the Commission the text of those provisions.

Or. en

Amendment 722

Anders Vistisen, Aurélia Beigneux

on behalf of the ID Group

Proposal for a directive

Article 25 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

2. If Member States have already adopted provisions related to fulfilling the obligations set forth in the Directive, they shall communicate the text of such provisions to the Commission within 2 years after the date of entry into force of the Directive.

Or. en

Amendment 723

Jan Huitema

Proposal for a directive

Annex I – paragraph 1 a (new)

Text proposed by the Commission

Amendment

Member States may exclude the the soil descriptors relating to the nutrient content in soils from Part B and Part C from this annex, considering that Directive 2000/60/EC and Directive 91/676/EEC are already targeted at the sustainable management of nutrients.

Or. en

Amendment 724

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

Proposal for a directive

Annex III

Text proposed by the Commission

Amendment

[...]

deleted

Or. de

Justification

The provisions on sustainable land management in Article 10 and Annex III of the proposal are not needed. There are already numerous rules and measures with the same objective. The conditionality requirements of the current CAP constitute comprehensive criteria for sustainable land management. De facto secondary legislation by virtue of the proposal's additional requirements would lead to areas of primary competence such as the CAP and the objective of sovereign food production being undermined.

Amendment 725

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Annex III

Text proposed by the Commission

Amendment

SUSTAINABLE SOIL MANAGEMENT PRINCIPLES

deleted

The following principles shall apply:

(a) avoid leaving soil bare by establishing and maintaining vegetative soil cover, especially during environmentally sensitive periods;

(b) minimise physical soil disturbance;

(c) avoid inputs or release of substances into soil that may harm human health or the environment, or degrade soil health;

(d) ensure that machinery use is adapted to the strength of the soil, and that the number and frequency of operations on soils are limited so that they do not compromise soil health;

(e) when fertilization is applied, ensure adaptation to the needs of the plant and trees at the given location and in the given period, and to the condition of soil and prioritize circular solutions that enrich the organic content;

(f) in case of irrigation, maximise efficiency of irrigation systems and irrigation management and ensure that when recycled wastewater is used, the water quality meets the requirements set out in Annex I of Regulation (EU) 2020/741 of the European Parliament and of the Council108 and when water from other sources is used, it does not degrade soil health;

(g) ensure soil protection by the creation and maintenance of adequate landscape features at the landscape level;109

(h) use site-adapted species in the cultivation of crops, plants or trees where this can prevent soil degradation or contribute to improving soil health, also taking into consideration the adaptation to climate change;

(i) ensure optimised water levels in organic soils so that the structure and composition of such soils are not negatively affected;110

(j) in the case of crop cultivation, ensure crop rotation and crop diversity, taking into consideration different crop families, root systems, water and nutrient needs, and integrated pest management;

(l) in case of known disproportionate loss of one or several functions that substantially reduce the soils capacity to provide ecosystem services, apply targeted measures to regenerate those soil functions.

_________________

108 Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (OJ L 177, 5.6.2020, p. 32).

109 This principle does not apply to forest soils

110 This principle does not apply to urban soils

Or. en

Amendment 726

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Annex III – subheading 1

Text proposed by the Commission

Amendment

SUSTAINABLE SOIL MANAGEMENT PRINCIPLES

EXAMPLES OF VOLUNTARY SUSTAINABLE SOIL MANAGEMENT PRINCIPLES

Or. en

Amendment 727

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Annex III – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The following principles shall apply:

The following principles could be taken into account:

Or. en

Amendment 728

Jessica Polfjärd, Henna Virkkunen

Proposal for a directive

Annex III – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The following principles shall apply:

The following principles shall be considered:

Or. en

Amendment 729

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Annex III – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) avoid leaving soil bare by establishing and maintaining vegetative soil cover, especially during environmentally sensitive periods;

(a) avoid leaving soil bare by establishing and maintaining vegetative soil cover ensuring living roots all year round, especially in environmentally sensitive areas

Or. en

Amendment 730

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Annex III – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) avoid leaving soil bare by establishing and maintaining vegetative soil cover, especially during environmentally sensitive periods;

(a) when possible, avoid leaving soil bare by establishing and maintaining vegetative soil cover, especially during environmentally sensitive periods;

Or. en

Amendment 731

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Annex III – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) minimise physical soil disturbance;

(b) minimise physical soil disturbance; prioritise least soil-disturbing tillage practices

Or. en

Amendment 732

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Annex III – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) minimise physical soil disturbance;

(b) minimise unnecessary physical soil disturbance;

Or. en

Amendment 733

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Annex III – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) avoid inputs or release of substances into soil that may harm human health or the environment, or degrade soil health;

(c) avoid inputs or release of substances into soil that may harm human or animal health or the environment, above-ground and soil-based biodiversity, or degrade soil health;

Or. en

Amendment 734

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Annex III – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) avoid inputs or release of substances into soil that may harm human health or the environment, or degrade soil health;

(c) avoid inputs or release of non-certified substances into soil that harm human health or the environment, or degrade soil health;

Or. en

Amendment 735

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Annex III – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) ensure that machinery use is adapted to the strength of the soil, and that the number and frequency of operations on soils are limited so that they do not compromise soil health;

(d) ensure that machinery use is adapted to the strength of the soil, and that the number and frequency of operations on soils are limited so that they do not compromise soil health, and do not lead to compaction

Or. en

Amendment 736

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

Proposal for a directive

Annex III – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) ensure that machinery use is adapted to the strength of the soil, and that the number and frequency of operations on soils are limited so that they do not compromise soil health;

(d) ensure that machinery use is adapted to the strength of the soil, and that the number and frequency of operations on soils are limited so that they over time do not compromise soil health;

Or. en

Amendment 737

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Annex III – paragraph 1 – point e

Text proposed by the Commission

Amendment

Or. en

Amendment 738

Ljudmila Novak

Proposal for a directive

Annex III – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) when fertilization is applied, ensure adaptation to the needs of the plant and trees at the given location and in the given period, and to the condition of soil, improve the efficiency of nutrient use and prioritize circular solutions that enrich the organic content;

Or. sl

Amendment 739

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Annex III – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) Minimise irrigation and prioritise water retention. In case of irrigation, maximise efficiency of irrigation systems and irrigation management and ensure that when recycled wastewater is used, the water quality meets the requirements set out in Annex I of Regulation (EU) 2020/741 of the European Parliament and of the Council108 and when water from other sources is used, it does not degrade soil health;

_________________

108 Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (OJ L 177, 5.6.2020, p. 32).

Or. en

Amendment 740

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Annex III – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) ensure soil protection by the creation and maintenance of adequate landscape features at the landscape level;109

(g) ensure soil protection by the creation and maintenance of adequate landscape features at the landscape level, including but not limited to buffer strips, field margins with native flowers, hedgerows, trees, copses, terrace walls, ponds, habitat corridors and stepping stones

_________________

109 This principle does not apply to forest soils

Or. en

Amendment 741

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Annex III – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) ensure soil protection by the creation and maintenance of adequate landscape features at the landscape level;109

(g) ensure soil productivity by the creation and maintenance of adequate landscape features at the landscape level;109

_________________

109 This principle does not apply to forest soils

Or. en

Amendment 742

Emma Wiesner, Erik Poulsen, Asger Christensen, Jan Huitema

Proposal for a directive

Annex III – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) ensure optimised water levels in organic soils so that the structure and composition of such soils are not negatively affected;110

(i) ensure optimised water levels in organic soils so that the structure and composition of such soils or the productivity are not negatively affected;110

_________________

110 This principle does not apply to urban soils

Or. en

Amendment 743

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Annex III – paragraph 1 – point i a (new)

Text proposed by the Commission

Amendment

(i a) avoid drainage and extraction of peat, rewet degraded peatland and develop sustainable paludiculture practices.

Or. en

Amendment 744

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Annex III – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k) adapt livestock movement and grazing time, taking into consideration animal types and stocking density, so that soil health is not compromised and the soil's capacity to provide forage is not reduced; limiting the total stocking density to one that does not exceed 170 kg of organic nitrogen per year and pet hectare of agricultural area

Or. en

Justification

170kgN/ha/yr as per Dir. 91/676/EEC

Amendment 745

Esther de Lange

Proposal for a directive

Annex III – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k) in case of animal husbandry ensure that soil health is not compromised and the soil's capacity to provide forage is not reduced;

Or. en

Amendment 746

Manuela Ripa

on behalf of the Verts/ALE Group

Proposal for a directive

Annex III – paragraph 1 – point l a (new)

Text proposed by the Commission

Amendment

(l a) In case of land use change, avoid losses in the capacity of soils to provide ecosystem services

Or. en

Amendment 747

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

Proposal for a directive

Annex IV

Text proposed by the Commission

Amendment

PROGRAMMES, PLANS, TARGETS AND MEASURES REFERRED TO IN ARTICLE 10

deleted

(1) The national restoration plans prepared in accordance with Regulation …/…111+.

(2) The strategic plans to be drawn up by Member States under the Common Agricultural Policy in accordance with Regulation (EU) 2021/2115.

(3) The Code of Good Agricultural Practice and the action programmes for designated vulnerable zones adopted in accordance with Directive 91/676/EEC.

(4) The conservation measures and prioritized action framework established for Natura 2000 sites in accordance with Directive 92/43/EEC.

(5) The measures for achieving good ecological and chemical status of surface water bodies and good chemical and quantitative status of groundwater bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC.

(6) The flood risk management measures included in the flood risk management plans prepared in accordance with Directive 2007/60/EC.

(7) The drought management plans referred to in the Union Strategy on Adaptation to Climate Change.

(8) The national action programmes established in accordance with the United Nations Convention to Combat Desertification.

(9) The targets set out under Regulation (EU) 2018/841.

(10) The targets set out under Regulation (EU) 2018/842.

(11) The national air pollution control programmes prepared under Directive (EU) 2016/2284 and the monitoring data about air pollution impacts on ecosystems reported under that Directive.

(12) The integrated national energy and climate plan established in accordance with Regulation (EU) 2018/1999.

(13) The risk assessments and disaster risk management planning in accordance with Decision No 1313/2013/EU.

(14) The national actions plans adopted in accordance with Article 8 of Regulation …/…112+.

_________________

111 + OP : please insert in the text the number of Regulation on nature restoration contained in document COM(2022) 304

112 + OP : please insert in the text the number of Regulation of the European Parliament and of the Council the sustainable use of plant protection products and amending Regulation (EU) 2021/2115 contained in document COM(2022)305

Or. de

Justification

Consequential amendment - deletion of Article 10(1)

Amendment 748

Silvia Modig

Proposal for a directive

Annex IV – point 8 a (new)

Text proposed by the Commission

Amendment

(8 a) The national biodiversity strategies and action plans established in accordance with Article 6 of the United Nations Convention on Biological Diversity.

Or. en

Amendment 749

Maria Arena

Proposal for a directive

Annex VII a (new)

Text proposed by the Commission

Amendment

Annex VIII - Soil district plans

Part A

Soil district plans shall cover the following elements:

1. the results of the monitoring activities and of the assessment of the soil health in accordance with Article 9;

2.A list of objectives, in line with the overarching objective and the soil health targets of the Directive and the obligations to improve soil health under Article 9(4b);

3.A list of:

(a) the sustainable soil management practices and the regeneration practices defined by the relevant Member State under Article 10(1)(a) and a timetable for their implementation;

(b) the practices negatively affecting soil health defined by the relevant Member State under Article 10(1)(b) to be avoided within the soil district and a timetable for their cessation;

4.A summary of the process for establishing the soil district plan, the public information and consultation measures taken, including an explanation of how the outcome of the public participation was taken into account;

5.A list of competent authorities that Member States have to designate in accordance with Article 5.

Part B

The first update of the soil district plan and all subsequent updates shall also include:

1. an assessment of the progress made within the soil district towards achieving its objectives under part A of this Annex;

2. any significant changes in the practices and measures or their implementation timetable.

Or. en

Amendment 750

Beatrice Covassi, Sara Cerdas

Proposal for a directive

Annex VII a (new)

Text proposed by the Commission

Amendment

Annex VII a (new)

Soil district plans

A.Soil district plans shall include at least he following:

1.The results of the monitoring activities and of the assessment of the soil health in accordance with Article 9;

2.Short-, medium and long-term measures and policy actions to achieve the objective of healthy soils within the relevant soil district;

3.Sustainable soil management practices and the regeneration practices defined by the relevant Member State in accordance with Article 10(1)(a) and a timetable for their implementation;

4.The practices negatively affecting soil health defined by the relevant Member State in accordance with Article 10(1)(b) to be avoided within the soil district and a timetable for their cessation;

5.A a summary of the process for establishing the soil district plan, the public information and consultation measures taken, including an explanation of how the outcome of the public participation was taken into account.

B.The first update of the soil district plan and all subsequent updates shall also include:

1.An assessment of the progress made within the soil district towards achieving its objectives in accordance with Article 1a and 9(4a);

2. Any significant changes in the practices and measures or their implementation timetable.

Or. en