Changes from report parliamentary committee draft to plenary report

AddedArticle 3 – paragraph 1 – point 23: (23) ‘risk’ means the possibility of harmful effects to human or animal health or the environment resulting from exposure to soil contamination;

AddedArticle 3 – paragraph 1 – point 26: (26) ‘soil remediation’ means a regeneration action that reduces, isolates or immobilizes contaminant concentrations in the soil below a toxicity threshold for which significant dangers for organisms in contact with that soil can be excluded, with the aim of improving the ecological status.

AddedArticle 4 – paragraph 1 – subparagraph 1: Member States shall, in consultation with local, regional and cross-regional authorities, establish soil districts, based on, where appropriate, existing administrative units throughout their own territory and in cross-border territories together with neighbouring Member States.

AddedArticle 4 – paragraph 1 – subparagraph 2: The number of soil districts for each Member State, including the cross-border soil districts between neighbouring Member States referred to in the first subparagraph, shall as a minimum correspond to the number of NUTS 1 territorial units established under Regulation (EC) No 1059/2003.

AddedArticle 4 – paragraph 2 – introductory part: 2. When establishing the geographic extent of soil districts, Member States may take into account existing land use, governance structures and administrative units and shall prioritise homogeneity within each soil district regarding the following parameters:

AddedArticle 4 – paragraph 2 – point d a (new): (da) river basin districts pursuant to Directive 2000/60/EC and water bodies used for abstraction of water intended for human consumption as defined in Directive (EU) 2020/2184.

AddedArticle 4 – paragraph 2 a (new): (2a) Member States shall, where appropriate, ensure that soil districts of neighbouring Member States in which there are transboundary effects on soil, comparable land use across borders or similar values for the parameters referred to in paragraph 2, points (a) to (d), cooperate with each other to exchange best practices. Member States shall also ensure that a coherent approach is taken by soil districts across borders.

AddedArticle 4 – paragraph 2 b (new): (2b) The Commission shall support Member States in ensuring that their soil districts cooperate on a cross-border basis and shall facilitate harmonisation of monitoring systems, transfer functions, monitoring design and classification of ecological status at the level of the soil descriptors listed in Annex I.

AddedArticle 4 – paragraph 2 c (new): (2 c) Relevant competent authorities shall, if they consider it necessary, draw up soil district plans, taking fully into account the other provisions set out in this Directive, and set up intermediate targets to achieve measurable improvement of soil health. / The relevant competent authorities shall ensure that the process of drawing up the soil district plans is open, inclusive and effective and that the public concerned, including the population of the relevant soil district, landowners, land managers, non-governmental organisations and researchers are given early and effective opportunities to participate. The soil district plans shall be made available online by the respective competent authority. The Commission shall issue guidelines concerning soil district plans by ... [insert the date of 1 year from the entry into force of this Directive].

AddedArticle 5 – paragraph 1: Member States shall designate the competent authorities responsible at an appropriate level for carrying out the duties laid down in this Directive, taking into account existing administrative divisions and responsibilities, including in the case of cross-border soil districts.

AddedArticle 5 – paragraph 2: Member States shall designate one competent authority for each soil district established in accordance with Article 4. Member States may designate one competent authority for several soil districts.

AddedArticle 5 – paragraph 2 a (new): Member States shall communicate to the Commission the list of competent authorities referred to in paragraphs 1 and 2 of this Article in accordance with Article 18(3), point (b). The Commission shall maintain an updated list of the competent authorities on its website.

AddedArticle 6 – paragraph 1: 1. Member States shall establish a monitoring framework based on the soil districts established in accordance with Article 4(1), to ensure that regular and accurate monitoring of soil health is carried out in accordance with this Article and Annexes I and II, and is complementary to the assessment approach established by Directive 2000/60/EC.

AddedArticle 6 – paragraph 2: 2. Member States shall monitor soil health and land take in each soil district. Member States shall make use of the expertise of national research institutes, existing national monitoring systems and available data. The monitoring activities carried out by the Member States shall not result in a financial burden for the land managers.

AddedArticle 6 – paragraph 3 – point b: (b) the soil sampling points and sampling depth to be determined in accordance with Article 8(2);

AddedArticle 6 – paragraph 3 – point d: (d) scientifically robust remote sensing data and products referred to in paragraph 5 of this Article, if any;

AddedArticle 6 – paragraph 4: 4. The Commission shall, in cooperation with Member States, carry out regular soil measurements on soil samples taken in-situ at least every three years, based on the relevant descriptors and methodologies referred to in Articles 7 and 8, to support Member States’ monitoring of soil health. Member States shall provide the necessary support to the Commission, including requesting the permission of landowners and land managers, where applicable, in order to ensure that the Commission can carry out such in-situ soil sampling.

AddedArticle 6 – paragraph 4 a (new): 4a. The Commission shall ensure that the first soil measurement referred to in paragraph 4 is performed by ... [OP: please insert the date = three years from the entry into force of this Directive]. / The Commission shall contribute to the monitoring carried out by Member States by providing sampling and analysing of at least 20 % of the size of national samples. / The Commission shall, at the request of a Member State, provide further assistance with up to 50% of the sampling during the first national monitoring round.

AddedArticle 6 – paragraph 6 – introductory part: 6. The Commission and the EEA shall, on the basis of existing data and within two years of the entry into force of this Directive, establish a digital soil health data portal that shall provide access in georeferenced spatial format, in line with Regulation (EC) No 223/2009 of the European Parliament and of the Council1a, to at least the available soil health data resulting from: / 1a Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 087 31.3.2009, p. 164).

AddedArticle 6 – paragraph 6 a (new): 6a. The soil monitoring framework referred to in paragraphs 3 to 6 shall build on existing monitoring frameworks at Union and national level, including data from the LUCAS Soil Observatory.

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

AddedArticle 6 – paragraph 8: 8. The Commission shall adopt implementing acts to establish formats or methods for sharing or collecting the data referred to in paragraph 7 or for integrating those data in the digital soil health data portal, ensuring compliance with Union law on the protection of personal data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.

AddedArticle 6 – paragraph 8 a (new): 8a. The Commission shall provide to Member States the necessary capacity building, assistance and consulting services and support their monitoring initiatives, multilateral harmonisation of regulations, methods and archives, and thereby close existing data gaps and workflow bottlenecks by sharing common expertise. To that end, the Commission shall build on existing mechanisms, including the Soil BON initiative.

AddedArticle 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 put in place measures to ensure that the physical archives of soils, DNA extracts and the digital archive of raw data, at both Union and national 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.

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

AddedArticle 7 – paragraph 1: 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.

AddedArticle 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 include at least all soil descriptors in Part A of Annex I.

AddedArticle 7 – paragraph 3: 3. Member States shall determine the organic contaminants for the soil descriptor related to soil contamination referred to in part A of Annex I.

AddedArticle 7 – paragraph 4: deleted

AddedArticle 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 D of Annex I, for monitoring purposes.

AddedArticle 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.

AddedArticle 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, taking into account risk assessments based on existing monitoring systems.

AddedArticle 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;

AddedArticle 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;

AddedArticle 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 national level with in-situ monitoring coordinated by the Commission, as required in Annex II, part B, fourth column.

AddedArticle 8 – paragraph 4: 4. Member States shall ensure that the first soil measurements are performed at the latest by… (OP: please insert the date =3 years after date of entry into force of the Directive).

AddedArticle 8 – paragraph 5: 5. Member States shall ensure that new soil measurements are performed at least every 6 years or earlier, whenever soil status modification is suspected. Member States shall also facilitate soil monitoring being carried out at shorter intervals to facilitate in-situ soil monitoring coordinated by the Commission. / Member States shall ensure that the value of the land take and soil sealing indicators are updated at least every two years.

AddedArticle 8 – paragraph 6: 6. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex II in order to adapt the reference methodologies mentioned in it to scientific and technical progress.

AddedArticle 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, while taking into account the historical and natural circumstances of the soil.

AddedArticle 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.

AddedArticle 9 – paragraph 1 – subparagraph 3: Member States shall ensure that assessments of soil ecological status are performed at least every 6 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), accompanied by reports on relative improvement, trends, progress or regression.

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

AddedArticle 9 – paragraph 2 – subparagraph 2: deleted

AddedArticle 9 – paragraph 2 – subparagraph 3: deleted

AddedArticle 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.

AddedArticle 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 of high soil ecological status or good ecological status and inform the public in accordance with Article 19.

AddedArticle 9 – paragraph 4 a (new): 4a. The Commission shall adopt delegated acts by 31 December 2026 in accordance with Article 20 to supplement this Regulation by establishing a methodology for determining threshold values for soil descriptors in Annex I for each soil ecological status. The methodology shall take into consideration the most recent scientific evidence and account for different climatic conditions and type of soils.

AddedArticle 9 – paragraph 4 b (new): 4b. By 30 June 2028, Member States shall submit to the Commission draft threshold values for soil descriptors in Annex I, taking into consideration climate conditions, the type of soil and type of land area, together with the scientific justification and evidence on which they based their choices.

AddedArticle 9 – paragraph 4 c (new): 4c. Within 6 months of the date of the submission of the draft threshold values referred to in paragraph 4b, the Commission shall make observations on the draft threshold values, assessing the scientific justification and ensuring a level playing field within the internal market. Upon request from the Commission, Member States shall provide to the Commission all necessary additional information and, where appropriate, revise the proposed threshold values.

AddedArticle 9 – paragraph 4 d (new): 4d. Provided that any observations made by the Commission in accordance with paragraph 4c have been adequately taken into account, the Commission shall, by means of implementing acts, approve threshold values no later than 31 December 2029.

AddedArticle 9 – paragraph 4 e (new): 4e. Member States shall ensure that the soil ecological status in the respective soil districts is improved as follows: / (a) from critically degraded soils to degraded soils within 10 years; / (b) from degraded soils to moderate ecological status and from moderate ecological status to good ecological status within 6 years. / By way of derogation from the first subparagraph of this paragraph, Member States may apply different periods for sites registered as contaminated, pursuant to Articles 15 and 16, on condition that management and mitigation plans with predefined timelines and targets are in place.

AddedArticle 9 – paragraph 4 f (new): 4f. When applying a Tier 2 for soil monitoring design, Member States may benefit from variation of up to 20% in comparison to the threshold values set in accordance with paragraph 4d.

AddedArticle 9 – paragraph 5 – subparagraph 1: deleted

AddedArticle 9 – paragraph 5 – subparagraph 2: deleted

AddedArticle 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 and make them available free of charge, in particular to support the development of the advice referred to in Article 10(3). Member States shall ensure that research institutions have easy and continuous access to samples, DNA extracts and raw data free of charge.

AddedArticle 10 – paragraph 1 – subparagraph 1 – introductory part: 1. From (OP: please insert the date = 4 years after date of entry into force of the Directive), Member States shall take the following measures, taking into account the geographical and climatic differences, type, intended function, land use and condition of soil:

AddedArticle 10 – paragraph 1 – subparagraph 1 – point a: (a) defining sustainable soil management practices taking into account the non-binding sustainable soil management principles listed in Annex III to be gradually implemented on managed soils, where appropriate, on the basis of the outcome of the soil assessments carried out in accordance with Article 9;

AddedArticle 10 – paragraph 1 – subparagraph 1 – point b: (b) defining soil management practices and other practices that have significantly negative effects on soil health to be avoided by soil managers.

AddedArticle 10 – paragraph 1 – subparagraph 2: When defining the practices and measures referred to in this paragraph, Member States shall take into account the indicative list of programmes, plans, targets and measures listed in Annex IV as well as the latest existing scientific knowledge including results coming out of the Horizon Europe Mission a Soil Deal for Europe, in particular the activities from the Mission Soil Living Labs.

AddedArticle 10 – paragraph 1 – subparagraph 2 a (new): Member State shall ensure that practices referred to in this paragraph are technically feasible and duly take into account the socio-economic impacts.