Changes from plenary report to adopted text

Added2. 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).

Added3. Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable:

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

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

Added(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.

Added4. 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. [Am. 234]

AddedArticle 24 Evaluation and review

Added1. 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 specificadapt the requirements laid down in this Directive to ensure that unhealthy soils are regenerated and thatcontinuous progress towards all soils will bebeing healthy by 2050. This evaluation shall take into account, inter alia, the following elements: [Am. 186]

Added(a) the experience gained through the implementation of this Directive;

Added(b) the data and information referred to in Article 18;

Added(c) relevant scientific and analytical data, including results from research projects funded by the Union and by Member States; [Am. 187]

Added(d) an analysis of the gap towards achievingand measures needed to achieve healthy soils by 2050; [Am. 188]

Added(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:

Added(i) the definition of healthy soils;

Added(ii) the establishment of criteria for soil descriptors listed in part C of annex I; [Am. 189]

Added(iii) the addition of new soil descriptors for monitoring purposes. or the adjustment of existing soil descriptors and criteria in Annex I; [Am. 190]

Added(ea) an analysis of the monitoring designs provided for and threshold values set by Member States under this Directive; [Am. 191]

Added(eb) the socioeconomic impact of this Directive. [Am. 192]

Added2. 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, accompanied, where appropriate, by a legislative proposal. [Am. 193]

Added2a. From ... [OP: please insert the date = eight years from the date of entry into force of this Directive] and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the implementation of this Directive including the measures necessary to comply with this Directive taken by Member States. The report shall include an overall assessment of the progress made towards achieving healthy soils. [Am. 194]

Added2b. By ... [OP: please insert the date = 6 years from the date of entry into force of the Directive], the Commission shall assess, as part of the assessment referred to in paragraph 1, the information collected in Member States regarding the occurrence, dispersion and values of soil contaminants, with a view to establishing a list of priority substances, followed by a watch list on soil contaminants, where appropriate. [Am. 195]

AddedArticle 24a European Union Soil Observatory (EUSO) Forum

AddedThe Commission shall, through the EUSO Forum, facilitate the cooperation at regular intervals between stakeholders, including Member States’ competent authorities at all relevant levels, industry, civil society, and the scientific community. The EUSO Forum shall facilitate the coordinated implementation of Union law and policies related to soil health monitoring and the improvement of soil health, inter alia by exchange of experience and good practices, including on sustainable soil management and regeneration practices, as well as exchange of experience on soil management practices to be avoided. [Am. 196]

AddedArticle 25 Transposition

Added1. 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.

AddedWhen Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Added2. 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.

AddedArticle 26 Entry into force

AddedThis Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

AddedArticle 27 Addressees

AddedThis Directive is addressed to the Member States.

AddedDone at …,

AddedFor the European Parliament For the Council

AddedThe President The President

AddedANNEX I SOIL DESCRIPTORS, CRITERIA FOR HEALTHY SOIL CONDITION,AND METHODS FOR THE DETERMINATION OF SOIL ECOLOGICAL STATUS, AND LAND TAKE AND SOIL SEALING INDICATORS [Am. 197]

AddedFor the purposes of this Annex, the following definitions shall apply

Added(1) ‘reverse land take’ means the conversion of artificial land into natural or semi-natural land;

Added(2) ‘net land take’ means the result of land take minus reverse land take.

AddedIn case a Member State replaces the soil descriptor “bulk density in subsoil” with an equivalent parameter, it shall adopt a criterion for healthy soil condition for the chosen soil descriptor that is equivalent to the criterion set for “bulk density in subsoil”.

AddedNon-managed soils in natural land areas

Added[Am. 198]

Added[Am. 199]

Added[Am. 200]

AddedANNEX II METHODOLOGIES

AddedPart A: Methodology for determining sampling points

AddedPart A: General methods so sample soil biodiversity and soil ecological functions

Added[Am. 201]

AddedPart B: Methodology for determining or estimating the values of soil descriptors

AddedWhen a reference methodology is set, either the reference methodology is used or another methodology, provided that it is available in the scientific literature or publicly available and a validated transfer function is available.

Added[Am. 202]

AddedPart C: minimum methodological criteria for determining the values of land take and soil sealing indicators

Added- For land take, reverse land take and net land take, the methodologies used should comply with the definitions set in Article 3 and Annex I.

Added- Soil sealing shall be expressed as a percentage of sealed area per total area.

Added- The methodologies chosen shall either be available in the scientific literature or publicly available.

AddedAnnex III

AddedSUSTAINABLE SOIL MANAGEMENT PRINCIPLES

AddedThe following principles shall apply:

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

Added(b) minimise physical soil disturbance;

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