Changes from report parliamentary committee draft to plenary report

AddedArticle 22 – paragraph 2: Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice in line with Article 9 of the Aarhus Convention. The recognition of standing shall not be conditional on the member of the public concerned having played a role during a participatory phase of the decision-making procedures under this Directive.

AddedArticle 23 – paragraph 2: 2. 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 into account, inter alia, the specificities of small and medium-sized enterprises (SMEs).

AddedArticle 23 – paragraph 3 – introductory part: 3. Member States shall in accordance with national law ensure that the penalties established pursuant to this Article give due regard to the following, as applicable:

AddedArticle 23 – paragraph 3 – point c: (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 and on the polluter pays principle;

AddedArticle 23 – paragraph 3 – point c a (new): (ca) any previous infringements by the natural and legal person responsible for the violation.

AddedArticle 23 – paragraph 4 a (new): 4a. Without prejudice to the penalties established in accordance with this Article and the application of Articles 107 and 108 TFUE, Member States may use incentives in order to guarantee the compliance of natural and legal persons with the obligations laid down in this Directive.

AddedArticle 24 – paragraph 1 – introductory part: 1. 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 adapt the requirements laid down in this Directive to ensure continuous progress towards all soils being healthy by 2050. This evaluation shall take into account, inter alia, the following elements:

AddedArticle 24 – paragraph 1 – point c: (c) relevant scientific and analytical data, including results from research projects funded by the Union and by Member States;

AddedArticle 24 – paragraph 1 – point d: (d) an analysis of the gap and measures needed to achieve healthy soils by 2050;

AddedArticle 24 – paragraph 1 – point e – point ii: (ii) the establishment of criteria for soil descriptors listed in annex I;

AddedArticle 24 – paragraph 1 – point e – point iii: (iii) the addition of new soil descriptors for monitoring purposes or the adjustment of existing soil descriptors and criteria in Annex I;

AddedArticle 24 – paragraph 1 – point e a (new): (ea) an analysis of the monitoring designs provided for and threshold values set by Member States under this Directive.

AddedArticle 24 – paragraph 1 – point e b (new): (eb) the socioeconomic impact of this Directive.

AddedArticle 24 – paragraph 2: 2. 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.

AddedArticle 24 – paragraph 2 a (new): 2a. 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.

AddedArticle 24 – paragraph 2 b (new): 2b. 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.

AddedArticle 24 a (new): Article 24a / European Union Soil Observatory (EUSO) Forum / The 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.

AddedAnnex I – Title: SOIL DESCRIPTORS, CRITERIA AND METHODS FOR THE DETERMINATION OF SOIL ECOLOGICAL STATUS, AND LAND TAKE AND SOIL SEALING INDICATORS

AddedText proposed by the Commision

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_______________

Added+ OP : please insert in the text the number of Regulation on nature restoration contained in document COM(2022) 304

Added1 As defined in the FAO Guidelines for Soil Description, Chapter 5 (https://www.fao.org/3/a0541e/a0541e.pdf )

Added2 As defined in Arshad, M.A., B. Lowery, and B. Grossman. 1996. Physical tests for monitoring soil quality. p.123- 142. In: J.W. Doran and A.J. Jones (eds.) Methods for assessing soil quality. Soil Sci. Soc. Am. Spec. Publ. 49. SSSA, Madison, WI.

AddedText proposed by the Commision

AddedAnnex III – Title: INDICATIVE LIST OF SUSTAINABLE SOIL MANAGEMENT PRINCIPLES

AddedAnnex III – paragraph 1 – introductory part: The following principles are to be taken into account according to Article 10(1), point (a):

AddedAnnex III – paragraph 1 – point b: (b) minimise physical soil disturbance and prevent soil degradation;

AddedAnnex III – paragraph 1 – point c: (c) avoid inputs or release of non-certified substances and substances into soil that may harm human or animal health or the environment, or degrade soil health;

AddedAnnex III – paragraph 1 – point d: (d) ensure that machinery use is adapted to the strength of the soil, and that the number and frequency of operations on soils are limited so that they do not compromise soil health, and do not lead to compaction over time;

AddedAnnex III – paragraph 1 – point e: (e) when fertilization is applied, ensure adaptation to the needs of the plant and trees at the given location and in the given period, and to the condition of soil and prioritize circular solutions that enrich the organic content, with a view to improving the efficiency of nutrient use and achieving zero nutrient losses;

AddedAnnex III – paragraph 1 – point f: (f) prioritise water retention and in case of irrigation, maximise efficiency of irrigation systems and irrigation management and ensure that when recycled wastewater is used, the water quality meets the requirements set out in Annex I of Regulation (EU) 2020/741 of the European Parliament and of the Council14 and when water from other sources is used, it does not degrade soil health

AddedAnnex III – paragraph 1 – point g: (g) ensure soil productivity by the creation and maintenance of adequate landscape features at the landscape level; for instance through buffer strips, field margins with native flowers, hedgerows, trees, copses, terrace walls, ponds, habitat corridors and stepping stones15

AddedAnnex III – paragraph 1 – point i: (i) ensure optimised water levels in organic soils so that the structure and composition of such soils or their productivity are not negatively affected; 16

AddedAnnex III – paragraph 1 – point i a (new): (ia) develop sustainable paludiculture practices;

AddedAnnex III – paragraph 1 – point l a (new): (la) in case of land use change, avoid losses in the capacity of soils to provide ecosystem services.

AddedAnnex IV – introductory part: The following indicative list of programmes, plans, targets and measures shall be taken into account:

AddedAnnex IV – point 8 a (new): (8a) The national biodiversity strategies and action plans established in accordance with Article 6 of the United Nations Convention on Biological Diversity.

AddedAnnex IV – point 14: (14) The national actions plans adopted in accordance with Article 4 of Directive 2009/128/EC. / (deleted)