Changes from adopted text to adopted text

RemovedArticle 6 Soil health and land take monitoring framework

Removed1. 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. [Am. 71]

Removed2. 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. [Am. 72]

Removed3. The monitoring framework shall be based on the following:

Removed(a) the soil descriptors and soil health criteria referred to in Article 7;

Removed(b) the soil sampling points and sampling depth to be determined in accordance with Article 8(2); [Am. 73]

Removed(c) the soil measurement carried out by the Commission in accordance with paragraph 4 of this Article, if any;

Removed(d) thescientifically robust remote sensing data and products referred to in paragraph 5 of this Article, if any; [Am. 74]

Removed(e) the land take and soil sealing indicators referred to in Article 7(1).

Removed4. The Commission shall, subject to agreement from Member States concerned, carry out regular soil measurements on soil samples taken in-situ, based on the relevant descriptors and methodologies referred to in Articles 7 and 8, to support Member States’ monitoring of soil health. Where a Member State provides agreement in accordance with this paragraph, it shall ensure that the Commission can carry out such in-situ soil sampling. [Am. 227/rev1]

Removed4a. 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].

RemovedThe 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.

RemovedThe 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. [Am. 76]

Removed5. The Commission and the European Environment Agency (EEA) shall leverage existing space-based data and products delivered under the Copernicus component of the EU Space Programme established by Regulation (EU) 2021/696 to explore and develop soil remote sensing products, to support the Member States in monitoring the relevant soil descriptors.

Removed6. 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 Council, to at least the available soil health data resulting from: [Am. 77]

Removed(a) the soil measurements referred to in Article 8(2);

Removed(b) the soil measurements referred to in paragraph 4 of this Article;

Removed(c) the relevant soil remote sensing data and products referred to in paragraph 5 of this Article.

Removed6a. 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. [Am. 78]

Removed7. The digital soil health data portal referred to in paragraph 6 may also provide access to other soil health related data than the data referred to in that paragraph if those data were shared or collected in accordance with the formats or methods established by the Commission pursuant to paragraph 8.

Removed7a. The digital soil health data portal shall include the Sustainable Soil Management Toolbox referred to in Article 10a. [Am. 79]

Removed8. 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. [Am. 80]

Removed8a. 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. [Am. 81]

RemovedArticle 6a Efficient use and preservation of soil samples

Removed1. 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.

Removed2. 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. [Am. 82]

RemovedArticle 7 Soil descriptors, criteria for healthy soil condition, andsoil ecological status, land take and soil sealing indicators [Am. 83]

Removed1. When monitoring and assessing soil health, Member States shallmay apply the soil descriptors and soil health criteriathat best illustrate the soil characteristics of each soil type at national level listed in Annex I. [Am. 228]

RemovedWhen monitoring land take, Member States shall apply the land take and soil sealing indicators referred to in Annex I.

Removed2. Member States may adapt the soil descriptors andshall select the adequate tier for the soil health criteria referred to in part A of Annex I,monitoring design for which they qualify in accordance with the specifications referred to in the second and third columnsconditions of Annex I, and shall ensure that they include at least all soil descriptors in Part A of Annex I. [Am. 85]

Removed3. Member States shall determine the organic contaminants for the soil descriptor related to soil contamination referred to in part BA of Annex I. [Am. 86]

Removed4. Member States shall set soil health criteria for the soil descriptors listed in part B of Annex I in accordance with the provisions set out in the third column in part B of Annex I. [Am. 87]

Removed5. Member States may set additional soil descriptors and land take indicators, including but not limited to the optional descriptors and indicators listed in part C and D of Annex I, for monitoring purposes (‘additional soil descriptors’ and ‘additional land take indicators’). [Am. 88]

Removed6. 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. [Am. 89]

RemovedArticle 8 Measurements and methodologies

Removed1. Member States shall determine sampling points by applying the methodology set out in part A of Annex III according to the selected tier for soil monitoring design, taking into account risk assessments based on existing monitoring systems. [Am. 90]

Removed2. Member States shall carry out soil measurements by taking soil samples at the sampling points referred to in paragraph 1 and collect, process and analyse data in order to determine the following:

Removed(a) the values of the soil descriptors according to the selected tier for soil monitoring design as set in Annex I; [Am. 91]

Removed(b) where relevant, the values of the additional soil descriptors;

Removed(c) the values of the land take and soil sealing indicators listed in part D of Annex I.

Removed3. Member States shall apply the following:

Removed(a) the methodologies for determining or estimating the values of the soil descriptors set out in part B of Annex II; [Am. 92]

Removed(b) the minimum methodological criteria for determining the values of the land take and soil sealing indicators set out in part C of Annex II;

Removed(c) any requirements laid down by the Commission in accordance with paragraph 6.

RemovedMember 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. [Am. 93]

Removed4. Member States shall ensure that the first soil measurements are performed at the latest by… (OP: please insert the date = 43 years after date of entry into force of the Directive). [Am. 94]

Removed5. Member States shall ensure that new soil measurements are performed at least every 56 years or earlier, whenever soil status modification is suspected. Member States shall also facilitate in-situ soil monitoring coordinated by the Commission.

RemovedMember States shall ensure that the value of the land take and soil sealing indicators are updated at least every yeartwo years. [Am. 95]

Removed6. 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, in particular where values of soil descriptors can be determined by remote sensing referred to in Article 6(5). [Am. 96]

RemovedArticle 9 Assessment of the soil health

Removed1. 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 Parts A and B of Annex I according to the selected tier for soil monitoring design, while taking into account the historical and natural circumstances of the soil. [Am. 97]

RemovedFor 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. [Am. 98]

RemovedMember States shall ensure that soil health assessments of soil ecological status are performed at least every 56 years and that the first soil health 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. [Am. 99]

Removed2. A soil is considered healthy in accordance with this Directive where the following cumulative conditions are fulfilled:soil is classified either with good or high ecological status.

Removed(a) the values for all soil descriptors listed in part A of Annex I meet the criteria laid down therein and, where applicable, adapted in accordance with Article 7;

Removed(b) the values for all soil descriptors listed in part B of Annex I meet the criteria set in accordance with Article 7 (‘healthy soil’). [Am. 100]

RemovedBy way of derogation from the first subparagraph the assessment of soils within a land area listed in the fourth column of Annex I, shall not take into account the values set out in the third column for that land area. [Am. 101]

RemovedSoil is unhealthy where at least one of the criteria referred to in subparagraph 1 is not met (‘unhealthy soil’). [Am. 102]

Removed3. Member States shall analyse the values for the soil descriptors listed in partparts 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. [Am. 103]

RemovedMember States shall analyse the values of land take and soil sealing indicators listed in part D of Annex I and assess their impact on the loss of ecosystem services and on the objectives and targets established under Regulation (EU) 2018/841.