Changes from report parliamentary committee draft to report parliamentary committee draft

RemovedArticle 6 – paragraph 7 a (new): 7a. The digital soil health data portal shall include the Sustainable Soil Management Toolbox referred to in Article 10(a).

RemovedTo implement Art.10, an up-to-date toolbox with information about the effects of the practices on various ecosystem services and soil threats, their context specific applicability (based on soil type, land use and climatic conditions) is proposed. The database should be supplemented with new information from research, such as from the Soil Mission EU and the EJP on Agricultural Soil Management projects. The data should be publicly available, so that farmers, land managers, private and public entities, and others can use those to improve soil health.

RemovedArticle 6 – paragraph 8 a (new): 8a. The Commission shall provide to Member States the necessary capacity building, assistance and consulting servicesand support their monitoring initiatives, multilateral harmonisation of regulations, methods and archives, and thereby close existing data gaps and workflow bottlenecks by sharing common expertise. The Commission shall set up a permanent governance mechanism to that end, which shall buildon, inter alia, the Soil BON initiative.

RemovedNecessary support should be provided to Member States to put in place the first defined EU-wide soil monitoring framework. A permanent governance mechanism should be considered, in order to facilitate sharing expertise, closing gaps, etc. Soil BON partnership is an existing example of such multidisciplinary cooperation addressing capacity building needs from observations to informatics, helping to integrate existing and new field data following agreed international standards: https://geobon.org/bons/thematic-bon/soil-bon/

RemovedArticle 6 a (new): Article 6a / Efficient use and preservation of soil samples / 1. The Commission, together with Member States and the European Soil Observatory, shall implement measures to ensure that the physical archives of soils, DNA extracts and the digital archive of raw data, at both Union and Member State level, remain available for further research and innovation. The Commission and Member States shall ensure that samples are stored in a manner appropriate to their long-term sustainable use. / 2. By ... [OP: please insert the date = 12 months from the date of entry into force of this Directive] the Commission shall provide guidelines with protocols of reference to use soil samples in the most cost-efficient way.

RemovedThe soil archives of the Commission and Member States have untapped potential that can be used among others for: 1) technological progress, such as new analytical methods that allow additional information to be generated from samples, 2) savings: sample collection is often one of the most expensive components of projects, thus archiving samples can be a cost-effective approach to facilitate scientific progress, 3) as a reference-point for to track progress.

RemovedArticle 7 – title: Soil descriptors, criteria for soil ecological status, land take and soil sealing indicators

RemovedChange reflects newly proposed approach: 5 soil ecological classes.

RemovedArticle 7 – paragraph 1 – subparagraph 1: When monitoring and assessing soil health, Member States shall apply the soil descriptors and soil health criteria listed in Annex I according to the respective Tier (Tier 1, Tier 2 or Tier 3) for soil monitoring design.

RemovedFollowing the proposed change to assess ecological status of soil, Member States may benefit from autonomy when selecting the most appropriate Tier for their soil monitoring design and assessment, provided that the conditions laid down in Annex I for the Tier that a Member State applies are met. Tiers I, II and III encompass a balanced and gradual range of soil descriptors (their thresholds to be differentiated for all 5 soil ecological status groups, considering local conditions).

RemovedArticle 7 – paragraph 2: 2. Member States shall select the adequate Tier for the soil monitoring design for which they qualify in accordance with the conditions of Annex I, and shall ensure that they follow at least all the criteria for soil monitoring design and soil descriptors in Part A of Annex I.

RemovedAmendment reflects the adapted soil monitoring framework in Annex 1.

RemovedArticle 7 – paragraph 4: deleted

RemovedDeletion reflects the newly introduced approach in Annex 1.

RemovedArticle 7 – paragraph 5: 5. Member States may set additional soil descriptors and land take indicators, including but not limited to the descriptors and indicators listed in part B, C and D of Annex I, for monitoring purposes.

RemovedChange reflects the newly introduced approach in Annex I.

RemovedArticle 7 – paragraph 6: 6. Member States shall inform the Commission when soil descriptors, land take indicators and soil health criteria are set or adapted in accordance with paragraphs 2 to 5 of this Article and with Article 9.

RemovedArticle 8 – paragraph 1: 1. Member States shall determine sampling points by applying the methodology set out in Annex I according to the selected Tier for soil monitoring design.

RemovedChange of Annex number and Tier selection is needed due to the change of approach in Annexes.

RemovedArticle 8 – paragraph 2 – point a: (a) the values of the soil descriptors according to the selected Tier for soil monitoring design as set in Annex I;

RemovedArticle 8 – paragraph 3 – subparagraph 1 – point a: (a) the methodologies for determining or estimating the values of the soil descriptors set out in Annex II;

RemovedArticle 8 – paragraph 3 – subparagraph 2: Member States may apply other methodologies than the ones listed in the first subparagraph, points (a) and (b), provided that validated transfer functions are available or may be estimated by comparing data taken at Member State level with in-situ monitoring coordinated by the Commission, as required in Annex II, part B, fourth column.

RemovedAddition related to LUCAS survey.

RemovedArticle 8 – paragraph 5 – subparagraph 1: Member States shall ensure that new soil measurements are performed at least every 5 years. Member States shall also facilitate soil monitoring being carried out at shorter intervals to facilitate in-situ soil monitoring coordinated by the Commission.

RemovedLUCAS survey to be running at least each 3 years, as amended in Art. 6.4.

RemovedArticle 9 – paragraph 1 – subparagraph 1: Member States shall assess the soil health in all their soil districts based on the data collected in the context of the monitoring referred to in Articles 6, 7 and 8 for each of the soil descriptors referred to in Annex I according to the selected Tier for soil monitoring design.

RemovedAmendment reflects the proposed change to assess ecological status of soil. Member States may benefit from autonomy when selecting the most appropriate Tier for the soil monitoring design and the respective assessment on their territory, provided that the conditions laid down in Annex I for the Tier that a Member State applies are met. Tiers I, II and III encompass a balanced range of soil descriptors (their thresholds to be differentiated for all 5 soil ecological status groups, taking into consideration local conditions) introduced gradually following the respective Tiers.

RemovedArticle 9 – paragraph 1 – subparagraph 2: For the assessment of the soil ecological status, Member States shall also take into account the data collected in the context of soil investigations referred to in Article 14.

RemovedAmendment reflects the proposed change to assess ecological status of soil.

RemovedArticle 9 – paragraph 1 – subparagraph 3: Member States shall ensure that assessments of soil ecological status are performed at least every 5 years and that the first assessment is performed by … (OP: please insert the date = 5 years after date of entry into force of the Directive).

RemovedArticle 9 – paragraph 2 – subparagraph 1 – introductory part: A soil is considered healthy in accordance with this Directive where the soil is classified either with good or high ecological status. / (deleted) / (deleted)

RemovedThe rapporteur proposes to work with a more nuanced approach for the assessment of soil health. Instead of the proposed strictly binary approach (healthy versus unhealthy soil), ecological status of soil would be assessed, resulting into 5 different categories, taking into account local conditions.

RemovedArticle 9 – paragraph 2 – subparagraph 2: deleted

RemovedThe rapporteur proposes to work with a more nuanced approach for the assessment of soil health. Instead of the proposed strictly binary approach (healthy versus unhealthy soil), ecological status of soil would be assessed, resulting into 5 different categories, taking into account local conditions.

RemovedArticle 9 – paragraph 2 – subparagraph 3: deleted

RemovedThe rapporteur proposes to work with a more nuanced approach for the assessment of soil health. Instead of the proposed strictly binary approach (healthy versus unhealthy soil), ecological status of soil would be assessed, resulting into 5 different categories, taking into account local conditions.

RemovedArticle 9 – paragraph 3 – subparagraph 1: Member States shall analyse the values for the soil descriptors listed in parts A, B and C of Annex I, according to the selected Tier for soil monitoring design, and assess whether there is a critical loss of soil biodiversity and ecosystem services, taking into account the relevant data and available scientific knowledge.

RemovedFollowing the proposed change to assess ecological status of soil, Member States may benefit from autonomy when selecting the most appropriate Tier for soil assessment and sampling on their territory. Tiers 1, 2 and 3 encompass a balanced range of soil descriptors (their thresholds to be differentiated for all 5 soil ecological status groups, taking into consideration local conditions) introduced gradually following the respective Tiers.

RemovedArticle 9 – paragraph 4: 4. Based on the assessment of soil health carried out in accordance with this Article, the competent authority shall, where relevant in coordination with local, regional, national authorities, identify, in each soil district, the areas of soil that are not in high soil ecological status or good ecological status and inform the public in accordance with Article 19.

RemovedArticle 9 – paragraph 4 a (new): 4a. Soil districts shall consider establishing their soil district plans, including measures and targets to achieve measurable improvement of soil health conditions, taking into account the ecological status classification and obligations referred to in Article 7. The establishment of the soil district plans shall be the result of an inclusive process with local stakeholders. The soil district plans shall be made available online by the respective Member State.

RemovedSoil districts should be empowered to adopt own plans, according to their needs to ensure and enable proper bottom-up functioning when implementing this Directive.

RemovedArticle 9 – paragraph 4 b (new): 4b. Member States shall ensure that the ecological status classification of soils in the respective soil districts is improved within the following periods: / (a) 10 years for critically degraded soils; / (b) 6 years for degraded or moderate ecological status soils. / By way of derogation from the first subparagraph, Member States may apply different periods for soils registered as contaminated on condition that concrete management and mitigation plans with predefined timelines and concrete targets are in place.

RemovedArticle 9 – paragraph 4 c (new): 4c. The Commission shall establish, at the Union level, threshold values for all soil descriptors in Tiers 1 and 2 for soil monitoring design regarding the five-level classification of soil ecological status. When applying a Tier 2 for soil monitoring design, Member States may establish their own threshold values up to a variation of 20% in comparison to the threshold values established by the Commission, in order to refine the classification and mapping of soil ecological status within their territory.

RemovedThe amendment follows the change in the overall assessment of soil health, for which different values for descriptors in Annex I for each of the 5 "classes/ecological status/" are needed. This will help to move from a binary (healthy vs. unhealthy) approach to more nuanced classification. Member States that will decide to opt for Tier II instead of Tier I, may refine the EU-set thresholds values up to 20 %.

RemovedArticle 9 – paragraph 5 – subparagraph 1: deleted

RemovedThe Rapporteur proposes to reverse the logics of the proposed actions: the Commission should propose a harmonized format of soil health certification in the first stage. The agreed minimum quality standards will, during the second stage, facilitate the implementation in the Member States and prevent incompatibility across 27 Member States.

RemovedArticle 9 – paragraph 5 – subparagraph 2: The Commission shall adopt implementing acts to establish a harmonised format for soil health certification and common principles for its minimum quality standards and for the governance of such certification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.

RemovedThe Rapporteur proposes to reverse the logics of the proposed actions: the Commission should propose a harmonized format of soil health certification in the first stage. The agreed minimum quality standards will, during the second stage, facilitate the implementation in the Member States and prevent incompatibility across 27 Member States.

RemovedArticle 9 – paragraph 5 – subparagraph 2 a (new): Following the adoption of the implementing acts, Member States shall set up a mechanism for voluntary soil health certification for landowners and land managers within the meaning of paragraph 2 of this Article.

RemovedThe Rapporteur proposes to reverse the logic of the proposed actions: the Commission should propose a harmonized format of soil health certification in the first stage. The agreed minimum quality standards will, during the second stage, facilitate the implementation in the Member States and prevent incompatibility across 27 Member States.

RemovedArticle 9 – paragraph 6: 6. Member States shall communicate soil health data and assessment referred to in Articles 6 to 9 to the relevant land owners and land managers, in particular to support the development of the advice referred to in Article 10(3).

RemovedArticle 10 – paragraph 1 – subparagraph 1 – introductory part: From (OP: please insert the date = two years after date of entry into force of the Directive), Member States shall take at least the following measures, taking into account the geographical and climatic differences, type, use and condition of soil:

RemovedArticle 10 – paragraph 1 – subparagraph 1 – point a: (a) defining sustainable soil management practices respecting the sustainable soil management principles listed in Annex III to be gradually implemented on all managed soils, taking into consideration local conditions in the soil districts, and, on the basis of the outcome of the soil assessments carried out in accordance with Article 9, regeneration practices to be gradually implemented on the soils that are not considered healthy in the soil districts in the Member States;

RemovedArticle 10 – paragraph 1 – subparagraph 1 – point a a (new): (aa) use the Good Agricultural and Environmental Conditions (GAEC) on sustainable soil management practices (GAEC 5, 6 & 7), on climate change (GAEC 1, 2 & 3), on water (GAEC 4) and on biodiversity (GAEC 8 & 9) as a basis for the definition of sustainable soil management practices by each Member State in accordance with this paragraph.

RemovedThis amendment provides for better link to the CAP legislation.

RemovedArticle 10 – paragraph 1 – subparagraph 4: Member States shall ensure that the process of elaboration and review of the practices referred to in the first subparagraph is open, inclusive and effective and that the public concerned, in particular experts, landowners, land managers and civil society, are involved and are given early and effective opportunities to participate in their elaboration, when all options are still open.

RemovedAll relevant stakeholders should be involved throughout the whole drafting process, not only at its end after the decision was made.

RemovedArticle 10 – paragraph 2 – subparagraph 1: Member States shall ensure easy and equal access in all their soil districts to impartial and independent advice on sustainable soil management, training activities and capacity building for soil managers, landowners and relevant authorities.

RemovedThe intention of this addition is to ensure that all Soil Districts, including remote ones, will have an access to the advice (i.e. that the advisory service is not going to be centralized in the capitals of the Member States or that stakeholders will be prevented to access it due to long distance).

RemovedArticle 10 – paragraph 2 – subparagraph 2 – point a: (a) promoting awareness on the medium- and long-term multiple benefits of sustainable soil management and the need to manage soils in a sustainable manner, including by making available a list of the soil management and regeneration practices defined in accordance with paragraph 1;