Changes from report parliamentary committee draft to plenary report

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

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

AddedArticle 10 – paragraph 2 – subparagraph 2 – point b: (b) promoting research, citizens science and encourage implementation of sustainable soil management concepts;

AddedArticle 10 – paragraph 2 – subparagraph 2 – point c: (c) making available a regularly updated mapping of available funding instruments and activities to support the implementation of sustainable soil management, and other activities to support the implementation of this Directive, including research and citizen science.

AddedArticle 10 – paragraph 4: deleted

AddedArticle 10 – paragraph 4 a (new): 4a. The Commission shall, upon request, assist and provide guidance to Member States regarding the development of specific measures linked to the sustainable soil management principles listed in Annex III.

AddedArticle 10 a (new): Article 10a / Sustainable Soil Management Toolbox / 1. In order to support the implementation of this Directive, the Commission shall establish a sustainable soil management toolbox that provides soil managers with practical information on the use of sustainable soil management practices, which includes information provided by the Member States. / 2. The toolbox shall contain: / (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; / (b) the context-specific information related to combinations of soil type, land use and climatic conditions; / (c) new knowledge from research and innovation, including from the Horizon Europe mission ‘A Soil Deal for Europe’; / (d) other relevant information collected by the Commission or provided to the Commission by the Member States. / 3. 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). / The Commission shall actively update and take all appropriate measures to promote the content of the toolbox to land managers.

AddedArticle 11 – title: Land take mitigation

AddedArticle 11 – paragraph 1 – introductory part: In case of land take, Member States shall consider the following actions, while taking into account local specificities and socio-economic impacts:

AddedArticle 11 – paragraph 1 – point a – introductory part: (a) avoiding or reducing as much as technically 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:

AddedArticle 11 – paragraph 1 – point a – point i: (i) reducing the area affected by the land take as much as possible;

AddedArticle 11 – paragraph 1 – point a – point ii: (ii) prioritising areas where the loss of ecosystem services would be minimized;

AddedArticle 11 – paragraph 1 – point a – point iii: (iii) performing the land take in a way that is aligned with sustainable development, including preserving soil fertility, biodiversity, water permeability, filtration and retention to the extent possible;

AddedArticle 11 – paragraph 1 – point b: (b) if 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.

AddedArticle 11 – paragraph 1 – point b a (new): (ba) adopting measures to ensure fair compensation of landowners in case of land take;

AddedArticle 11 – paragraph 1 – point b b (new): (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.

AddedArticle 12 – paragraph 1: 1. 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.

AddedArticle 12 – paragraph 4 – introductory part: 4. The public shall be given early and effective opportunities:

AddedArticle 12 – paragraph 4 – point a: (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;

AddedArticle 12 – paragraph 4 – point b: (b) to provide information and evidence relevant for the activities referred to in point (a) at any time, such as human biomonitoring or environmental monitoring data;

AddedArticle 12 – paragraph 4 a (new): 4a. 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.

AddedArticle 12 – paragraph 4 b (new): 4b. 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.

AddedArticle 12 – paragraph 4 c (new): 4c. 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.

AddedArticle 12 – paragraph 4 d (new): 4d. 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.

AddedArticle 13 – paragraph 1: 1. Member States shall systematically and actively identify all sites where a soil contamination is suspected based on evidence collected through all appropriate means, including citizens' input and set procedures (‘potentially contaminated sites’).

AddedArticle 13 – paragraph 2 – subparagraph 1 – point d: deleted / (deleted)

AddedArticle 13 – paragraph 2 – subparagraph 1 – point f a (new): (fa) any areas used for the abstraction of drinking water;

AddedArticle 13 – paragraph 2 – subparagraph 1 – point g a (new): (ga) occurrence of any disease that is presumed to be linked to exposure to contamination via the soil;

AddedArticle 13 – paragraph 2 – subparagraph 1 – point g b (new): (gb) any information provided by the public or Member State authorities.

AddedArticle 14 – paragraph 1: 1. 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.

AddedArticle 14 – paragraph 2 – subparagraph 1: 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.

AddedArticle 14 – paragraph 2 – subparagraph 1 a (new): Potentially contaminated sites located in areas used for the abstraction of water for human consumption shall be prioritised for soil investigation.

AddedArticle 15 – paragraph 2: 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 opinion of health professionals and health authorities, the precautionary principle, local specificities, and current and future land use.

AddedArticle 15 – paragraph 3: 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 and animal health or the environment.

AddedArticle 15 – paragraph 3 a (new): 3a. Where appropriate, Member States may consider assessments which have been implemented in accordance with Directives 2010/75/EU, 2011/92/EU or 2012/18/EU as sufficient.

AddedArticle 15 – paragraph 4: 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’).

AddedArticle 15 – paragraph 5 – subparagraph 1: The risk reduction measures shall 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.

AddedArticle 15 – paragraph 5 – subparagraph 2: Risk reduction measures affecting surrounding water bodies used for abstraction of water intended for human consumption shall comply with the acceptable risk standards set out in Directive (EU) 2020/2184.

AddedArticle 15 – paragraph 5 a (new): 5a. The Commission is empowered to adopt delegated acts in accordance with Article 20 to supplement this Directive by establishing maximum tolerable values in relation to the definition of an unacceptable risk for health and the environment resulting from contaminated sites as referred to in paragraph 2.

AddedArticle 16 – paragraph 4 – subparagraph 1: Member States shall make public, accessible in a user-friendly manner and 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 Council78 are fulfilled. The register shall be made available in an online georeferenced spatial database.

AddedArticle 16 – paragraph 5: 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.

AddedArticle 17 – title: Union and Member States' financing

AddedArticle 17 – paragraph 1 – subparagraph 1: Given the priority inherently attached to the establishment of soil monitoring and sustainable management and regeneration of soils, by ... [OP: please insert date = 12 months from the entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council evaluating the financial resources available at Union level for the implementation of this Directive.

AddedArticle 17 – paragraph 1 – subparagraph 1 a (new): The Commission shall assess any gap between the available Union funding and funding needs for supporting Member States in the implementation of this Directive, paying specific attention to environmental monitoring needs, including LUCAS soil.

AddedArticle 17 – paragraph 1 – subparagraph 1 b (new): Additional financial resources shall be put in place for the post-2027 period in order to promote the sustainable management of soils, their permanent regeneration and monitoring activities.

AddedArticle 17 – paragraph 1 a (new): 1a. When implementing this Directive, Member States shall make use of financial resources from appropriate sources, including Union, national, regional and local funds, to finance actions with a focus on soil protection, sustainable management and regeneration.

AddedArticle 17 – paragraph 1 b (new): 1b. The Commission shall monitor the capacity of Member States to absorb Union funds related to soil protection, sustainable management and regeneration. The Commission shall provide training and technical support to increase the absorption capacity of the Member States.

AddedArticle 17 – paragraph 1 c (new): 1c. Member States and the Commission, in collaboration with the European Investment Bank, shall improve and facilitate the use of innovative financing mechanisms and promote the mobilisation of private capital for actions necessary to achieve the objectives of this Directive.

AddedArticle 17 – paragraph 1 d (new): 1d. Member States and the Commission shall observe the ‘do no significant harm’ principle within the meaning of Article 17 of Regulation (EU) 2020/852 for the implementation of this Directive.

AddedArticle 18 – paragraph 1 – subparagraph 1 – introductory part: Member States shall electronically report the following data and information to the Commission and to the EEA at least every 6 years:

AddedArticle 18 – paragraph 1 – subparagraph 1 – point b: (b) the supporting data, metadata and a trend analysis of the soil health for the descriptors listed in parts A, B, and C of Annex I, according to the selected tier for soil monitoring design and for the land take and soil sealing indicators listed in part D of Annex I in accordance with Article 9, including the extended descriptors indicated by individual Member States;

AddedArticle 18 – paragraph 1 – subparagraph 2: The first reports shall be submitted by … (OP: please insert date = 6 years after entry into force of the Directive).

AddedArticle 18 – paragraph 3 – point a: (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) and, where available, their respective soil district plans;

AddedArticle 18 – paragraph 3 – point b: (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);

AddedArticle 18 – paragraph 3 – point c a (new): (ca) the measurements of the soil descriptors at the level of the sampling point.

AddedArticle 19 – paragraph 1: 1. Member States shall make the data generated by the monitoring carried out under Article 8 and 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 Council79 for geographically explicit data and Article 5 of Directive (EU) 2019/1024 for other data.

AddedArticle 19 – paragraph 4 a (new): 4a. Member States shall adopt measures to ensure that soil related information collected through the implementation of this Directive is made available to the potential buyer or potential tenant of the relevant land plot.

AddedArticle 20 – paragraph 2: 2. The power to adopt delegated acts referred to in Articles 8, 9 and 15 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive

AddedArticle 20 – paragraph 3: 3. The delegation of power referred to in Articles 8, 9 and 15 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.

AddedArticle 20 – paragraph 6: 6. A delegated act adopted pursuant to Articles 8, 9 and 15 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.