Changes from adopted text to adopted text

Removed(ca) the measurements of the soil descriptors at the level of the sampling point. [Am. 174]

Removed4. The Commission is empowered to adopt implementing acts establishing the format and the modalities for submitting the information referred to paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.

RemovedArticle 19 Information to the public

Removed1. Member States shall make public the data generated by the monitoring carried out under Article 8 and the assessmentassessments 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 Council for geographically explicit data and Article 5 of Directive (EU) 2019/1024 for other data. [Am. 175]

Removed2. The Commission shall ensure that relevant soil health data made accessible through the digital soil health data portal referred to in Article 6 is available to the public only with the express permission of the landowner and land manager, in an aggregated and anonymised form, in accordance with Regulation (EU) 2018/1725 of the European Parliament and of theCouncil and Regulation (EC) No 1367/2006 of the European Parliament and of the Council. [Am. 231]

Removed3. Member States shall ensure that the relevant information referred to in Article 18 of this Directive is available and accessible to the public only with the express permission of the landowner and land manager, in an aggregated and anonymised form, in accordance with Directive 2003/4/EC, Directive 2007/2/EC and Directive (EU) 2019/1024 of the Parliament and of the Council. [Am. 232]

Removed4. Disclosure of any information required under this Directive may be refused or restricted where the conditions laid down in Article 4 of Directive 2003/4/EC are fulfilled.

Removed4a. 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. [Am. 176]

RemovedChapter VI Delegation and Committee procedure

RemovedArticle 20 Exercise of the delegation

Removed1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Removed2. The power to adopt delegated acts referred to in Articles 8, 10, 15 and 169 and 15 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive. [Am. 177]

Removed3. The delegation of power referred to in Articles 8, 10, 15 and 169 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. [Am. 178]

Removed4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Removed5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Removed6. A delegated act adopted pursuant to Articles 8, 10, 15 and 169 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. [Am. 179]

RemovedArticle 21 Committee

Removed1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Removed2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

RemovedChapter VII Final provisions

RemovedArticle 22 Access to justice

RemovedMember States shall ensure that members of the public, in accordance with national law, that have a sufficient interest or that maintain the impairment of a right, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the assessment of soil health, the measures taken pursuant to this Directive and any failures to act of the competent authorities.

RemovedMember 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. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law 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 Directivebe deemed to have rights capable of being impaired and their interest shall be deemed sufficient. [Am. 180]

RemovedReview procedures referred to in paragraph 1 shall be fair, equitable, timely and free of charge or not prohibitively expensive, and shall provide adequate and effective remedies, including injunctive relief where necessary.

RemovedMember States shall ensure that practical information is made available to the public on access to the administrative and judicial review procedures referred to in this Article.

RemovedArticle 23 Penalties

Removed1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council, Member States shall lay down the rules on penalties applicable to violations by natural and legal persons, of the national provisions adopted pursuant to this Directive and shall ensure that those rules are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Removed2. 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 account, inter alia, the specificities of small and medium-sized enterprises (SMEs).

Removed3. Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable:

Removed(a) the nature, gravity, and extent of the violation;

Removed(b) the intentional or negligent character of the violation;

Removed(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.

Removed4. Member States shall without undue delay notify the Commission of the rules and measures referred to in paragraph 1 and of any subsequent amendments affecting them. [Am. 234]

RemovedArticle 24 Evaluation and review

Removed1. 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 set more specificadapt the requirements laid down in this Directive to ensure that unhealthy soils are regenerated and thatcontinuous progress towards all soils will bebeing healthy by 2050. This evaluation shall take into account, inter alia, the following elements: [Am. 186]

Removed(a) the experience gained through the implementation of this Directive;

Removed(b) the data and information referred to in Article 18;

Removed(c) relevant scientific and analytical data, including results from research projects funded by the Union and by Member States; [Am. 187]

Removed(d) an analysis of the gap towards achievingand measures needed to achieve healthy soils by 2050; [Am. 188]

Removed(e) an analysis of the possible need to adapt to scientific and technical progress the provisions of this Directive in particular regarding the following items:

Removed(i) the definition of healthy soils;

Removed(ii) the establishment of criteria for soil descriptors listed in part C of annex I; [Am. 189]

Removed(iii) the addition of new soil descriptors for monitoring purposes. or the adjustment of existing soil descriptors and criteria in Annex I; [Am. 190]

Removed(ea) an analysis of the monitoring designs provided for and threshold values set by Member States under this Directive; [Am. 191]

Removed(eb) the socioeconomic impact of this Directive. [Am. 192]

Removed2. 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. [Am. 193]

Removed2a. 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. [Am. 194]

Removed2b. 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. [Am. 195]

RemovedArticle 24a European Union Soil Observatory (EUSO) Forum

RemovedThe 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. [Am. 196]

RemovedArticle 25 Transposition

Removed1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by … [OP please insert date = 2 years after date of entry into force of the Directive]. They shall forthwith communicate to the Commission the text of those provisions.

RemovedWhen Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Removed2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

RemovedArticle 26 Entry into force

RemovedThis Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

RemovedArticle 27 Addressees

RemovedThis Directive is addressed to the Member States.

RemovedDone at …,

RemovedFor the European Parliament For the Council