Changes from plenary report to adopted text

Added2. The toolbox shall contain:

Added(a) recommendations and examples of best practices from the Member States´ competent authorities which monitor the impact of soil management practices, and information about the impact of such practices on various ecosystem services and soil threats;

Added(b) the context-specific information related to combinations of soil type, land use and climatic conditions;

Added(c) new knowledge from research and innovation, including from the Horizon Europe mission ‘A Soil Deal for Europe’;

Added(d) other relevant information collected by the Commission or provided to the Commission by the Member States.

Added3. The toolbox shall be publicly available free of charge, and be included in the digital soil health data portal established in accordance with Article 6(6).

AddedThe Commission shall actively update and take all appropriate measures to promote the content of the toolbox to land managers. [Am. 125]

AddedArticle 11 Land take mitigation principles [Am. 126]

AddedIn case of land take, Member States shall ensure thatconsider the following principles are respected in case of land takeactions, while taking into account local specificities and socio-economic impacts: [Am. 127]

Added(a) avoid or reduceavoiding or reducing as much as technically, socially and economically possible the loss of the capacity of the soil to provide multiple ecosystem and other services, including agriculture, food production, and sustainable forest management by: [Ams. 128 and 254]

Added(i) reducing the area affected by the land take to the extentas much as possible and; [Am. 129]

Added(ii) selectingprioritising areas where the loss of ecosystem services would be minimized and; [Am. 130]

Added(iii) performing the land take in a way that minimizes the negative impact on soilis aligned with sustainable development, including preserving soil fertility, biodiversity, water permeability, filtration and retention to the extent possible; [Am. 131]

Added(b) compensateif possible, compensating as much as possible the loss of soil capacity to provide multiple ecosystem services; such compensation, where applicable, may take place on an aggregated level or cross border between Member States if the soil district has the same characteristics as an adjacent soil district in a neighbouring Member State or a cross-border soil district. [Am. 132]

Added(ba) adopting measures to ensure fair compensation of landowners in case of land take; [Am. 133]

Added(bb) putting in place measures to prevent or limit land take, including mapping of abandoned brownfield and industrial sites and incentives to restore and reuse abandoned areas with sealed soils. [Am. 134]

AddedChapter IV Contaminated sites

AddedArticle 12 Risk-based approach

Added1. Member States shall manage and reduce the risks for human and animal health and the environment of potentially contaminated sites and contaminated sites, and keep them to acceptable levels considering the intended use 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. [Am. 135]

Added2. By … (OP: please insert the date =4 years after the date of entry into force of the Directive) Member States shall establish a risk-based approach for the following:

Added(a) the identification of potentially contaminated sites in accordance with Article 13;

Added(b) the investigation of potentially contaminated sites in accordance with Article 14;

Added(c) the management of contaminated sites in accordance with Article 15.

Added3. The requirement laid down in paragraph 2 is without prejudice to more stringent requirements arising from Union or national legislation.

Added4. The public concerned shall be given early and effective opportunities: [Am. 136]

Added(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, when all options are still available; [Am. 137]

Added(b) to provide information and evidence relevant for the identification of potentially contaminated sites in accordance with Article 13, the investigation of potentially contaminated sites in accordance with Article 14 and the management of contaminated sites in accordance with Article 15activities referred to in point (a) at any time, such as human biomonitoring or environmental monitoring data; [Am. 138]

Added(c) to request correction of information contained in the register for contaminated sites and potentially contaminated sites in accordance with Article 16.

Added4a. For the purposes of paragraph 4, Member States shall ensure that the public is informed in a timely, adequate and effective manner, including by public notices and electronic media, of all relevant information. [Am. 139]

Added4b. Member States shall take due account of the information submitted in accordance with paragraph 4 when implementing the provisions of this Chapter and in relation to the soil descriptors for soil contamination listed in Annex I. [Am. 140]

Added4c. Where the evidence shows wide dispersive soil pollution or exposure to the substance or mixture concerned via soil, the competent authority shall initiate a risk management process. Where the evidence shows a lack of information on the risk to human or animal health or the environment posed by a hazardous substance or mixture present in the soil, the competent authority shall investigate further with a view to taking risk management measures in line with the precautionary principle, where necessary. [Am. 141]

Added4d. Member States shall promptly inform the public of any decision or measure taken pursuant to paragraphs 4 and 4c and of the reasons and considerations upon which the decision or measure is based, including an explanation of how the information was taken into account. [Am. 142]

AddedArticle 13 Identification of potentially contaminated sites

Added1. Member States shall systematically and actively identify all sites where a soil contamination is suspected based on evidence collected through all availableappropriate means, including citizens' input and set procedures (‘potentially contaminated sites’). [Am. 143]

Added2. When identifying the potentially contaminated sites Member States shall take into account the following criteria:

Added(a) operation of an active or inactive potentially contaminating risk activity;

Added(b) operation of an activity referred to in Annex I to Directive 2010/75/EU;

Added(c) operation of an establishment referred to in Directive 2012/18/EU of the European Parliament and of the Council;

Added(d) operation of an activity referred to in Annex III to Directive 2004/35/CE of the European Parliament and of the Council; [Am. 144]

Added(e) occurrence of a potentially contaminating accident, calamity, disaster, incident or spill;

Added(f) any other event liable to cause soil contamination;

Added(fa) any areas used for the abstraction of drinking water; [Am. 145]

Added(g) any information resulting from the soil health monitoring carried out in accordance with Articles 6, 7 and 8.;

Added(ga) occurrence of any disease that is presumed to be linked to exposure to contamination via the soil; [Am. 146]

Added(gb) any information provided by the public or Member State authorities. [Am. 147]

AddedFor 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.

Added3. 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.

AddedArticle 14 Investigation of potentially contaminated sites

Added1. Member States shall ensure that all potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation according to order of priority. [Am. 148]

Added2. 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. [Am. 149]

AddedPotentially contaminated sites located in areas used for the abstraction of water for human consumption shall be prioritised for soil investigation. [Am. 150]

AddedMember States may consider baseline reports and monitoring measures implemented in accordance with the Directive 2010/75/EU as soil investigation where appropriate.

Added3. Member States shall also establish specific events that trigger an investigation before the deadline set in accordance with paragraph 2.

AddedArticle 15 Risk assessment and management of contaminated sites

Added1. 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.

Added2. 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 opinion of health professionals and health authorities, the precautionary principle, local specificities, and current and future land use. [Am. 151]

Added3. 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 and animal health or the environment. [Am. 152]

Added3a. Where appropriate, Member States may consider assessments which have been implemented in accordance with Directive 2010/75/EU, 2011/92/EU or 2012/18/EU as sufficient. [Am. 153]

Added4. On the basis of the outcome of the assessment referred to in paragraph 3, the responsible competent authority shall takeensure that the appropriate measures are taken to bring the risks to an acceptable level for human health and the environment (‘risk reduction measures’). [Am. 154]

Added5. The risk reduction measures may consist ofshall be based on 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 in the short and long term. Member States shall always aim for prevention and soil decontamination. [Am. 155]