EUROPEAN COMMISSION

Brussels, 5.7.2023

COM(2023) 416 final

2023/0232(COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on Soil Monitoring and Resilience (Soil Monitoring Law)

{SEC(2023) 416 final} - {SWD(2023) 416 final} - {SWD(2023) 417 final} - {SWD(2023) 418 final} - {SWD(2023) 423 final}

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Healthy soils are essential for farmers and the agronomic ecosystem overall. Maintaining or increasing soil fertility over the long-term contributes to stable or even higher yields of crops, feed and biomass required for non-food bioeconomy sectors contributing to the de-fossilization of our economy 3 , and gives farmers long-term production security and business prospects. The availability of healthy and fertile soils and land is crucial in the transition towards a sustainable bioeconomy and can therefore help increase and preserve the value of the land. Measures to increase soil fertility can also reduce farms’ operational costs, such as the cost of inputs or machinery. Farmers can receive financial support for certain practices e.g. under the Common Agricultural Policy (CAP) or the proposal for an EU carbon removal certification framework 4 .

Soil degradation also harms human health. Airborne particulate matter produced by wind erosion causes or worsens respiratory and cardiovascular diseases. Sealed soils prolong the duration of high temperatures during heat waves and have less capacity to act as a sink for pollutants. Contaminated soils also affect food safety. For example, approximately 21% of agricultural soils in the EU contain cadmium concentrations in the topsoil that exceed the limit for groundwater. The recreational value of the environment and nature, with links to our physical and mental health, is also supported by healthy and sustainably managed soils. This is valuable both in the countryside, and especially in urban areas where the adoption of sustainable management practices can help create healthy green spaces and reduce heat islands, improve air quality and housing conditions. Improving soil health is key to increase the EU’s resilience to adverse events and adaptation to climate change. Europe’s resilience to climate change depends on the level of soil organic matter and fertility, water retention and filtering capacity, and resistance to erosion. Carbon farming practices help store CO2 in the soil and contribute to mitigating climate change. The capacity of soils to retain water helps both prevent and respond to disaster risks. When soils can absorb more rainfall, it reduces the intensity of flooding and alleviates the negative effects of drought periods. Some soil bacteria, part of the biodiversity of healthy soils, can also help crop plants tolerate drought.

As the extreme weather and climate-related hazards intensify, the risk of wildfires is increasing across Europe. The conditions that heighten the fire risk are set to increase with climate change, notably heat and humidity of ecosystems, including soils. Healthy soils with functional water retention capacity also support healthy forest ecosystems that are more resilient to wildfires. At the same time, wildfires can cause soil degradation, leading to increased risks of soil erosion, landslides and floods. Strengthening the knowledge base on soils can contribute to improving disaster risk assessments that recognise the multi-faceted roles that soils play in mitigating disasters. Measures to strengthen soil health build resilience to future stress brought on by climate change.

The importance of soil health has also been recognised at global level. The EU has made commitments in the international context of the three Rio Conventions to address soils affected by desertification (UN Convention to Combat Desertification), to contribute to climate change mitigation (UN Framework Convention on Climate Change) and to constitute an important habitat for biodiversity (Convention on Biological Diversity). Restoring, maintaining and enhancing soil health is a target in the new Kunming-Montreal Global Biodiversity Framework.

Soil health also directly contributes to the achievement of several UN Sustainable Development Goals 16  (SDGs), in particular SDG 15.3. This goal aims to combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land degradation-neutral world by 2030.

•Consistency with existing policy provisions in the policy area

–The EU Biodiversity Strategy for 2030, which sets targets to further protect nature in the EU and in particular the proposal for a regulation on nature restoration 19 (Nature Restoration Law (NRL)). The proposed NRL has the goal of 20% of the EU’s land and sea to be covered by restoration measures by 2030 and to cover all ecosystems in need of restoration by restoration measures by 2050. There are many synergies among the proposed NRL and this proposal on soil health. The proposed NRL and this proposal are therefore mutually reinforcing.

–The Zero Pollution Action Plan sets out the vision that by 2050, air, water and soil pollution is reduced to levels no longer considered harmful to health and natural ecosystems. This proposal is consistent with the proposals aiming to revise and strengthen key existing EU legislation in the air and water sectors and the legislation on industrial activities.

–The Circular Economy Action Plan, which announces measures to reduce micro-plastics and an evaluation of the Sewage Sludge Directive, regulating the quality of sludge used in agriculture.

–The Chemicals Strategy for Sustainability, which recognises that chemicals are essential for the well-being of modern society but aims to better protect citizens and the environment against their possible hazardous properties.

•Consistency with other Union policies

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

–preserving, protecting and improving the quality of the environment;

–protecting human health;

–utilising natural resources prudently and rationally;

–promoting measures at international level to deal with regional or worldwide environmental problems, in particular to combat climate change.

The proposal does not contain measures affecting land use.

Given that this is an area of shared competence between the EU and the Member States, EU action must comply with the subsidiarity principle.

•Subsidiarity (for non-exclusive competence)

Action at EU level is justified given the scale and cross-border nature of the problem, the impact of soil degradation across the EU and the risks to the environment, economy and society.

Soil degradation is often wrongly considered as a purely local issue and the transboundary impacts are underestimated. The drivers and impacts of the problem go beyond country borders and reduce the provision of ecosystem services in multiple countries as soil is washed away by water or blown by winds. Contaminants can become mobile via the air, surface water and groundwater, they can move across borders and can affect food.

In ways that are rarely seen or acknowledged, healthy soils are essential to tackle global societal challenges. Soils play a key role in the nutrient, carbon and water cycles, and these processes are clearly not constrained by physical and political borders.

Therefore, coordinated measures by all Member States are needed to achieve the vision to have all soils healthy by 2050, as set out in the Soil Strategy for 2030, and to ensure that soil has the capacity to provide ecosystem services across the EU in the long-term.

Unless we rapidly halt the current level of soil degradation and regenerate soil to good health, our food system will become less productive and increasingly vulnerable to climate change and reliant on resource-intensive inputs. Individual action by the Member States has proven to be insufficient to remedy the situation, since soil degradation is continuing and even worsening.

Given that some aspects of soil health are only marginally covered by EU legislation, additional EU action is needed to complement current requirements and to fill the policy gaps.

The proposal is designed to create the conditions for action to manage soils sustainably and to tackle the costs of soil degradation. The objectives of the proposed action can be better achieved at EU level because of the scale and effects it will produce. Coordinated action is needed at sufficiently large scale to monitor and to sustainably manage soils in order to benefit from synergies, effectiveness and efficiency gains. Coordinated action is also needed to meet the commitments on soil health made at both EU and global level. There is a risk that if soil is not properly protected, the EU and its Member States will fail to meet international and European Green Deal commitments on the environment, sustainable development and climate. Lastly, action at EU level is essential to address potential distortions on the internal market and unfair competition among businesses since there are lower environmental requirements in some Member States.

•Proportionality

•Choice of the instrument

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

•Stakeholder consultations

•Collection and use of expertise

•Impact assessment

In the impact assessment, the policy options have been described by using five key building blocks:

(1) definition of soil health and establishment of soil districts,

(2) monitoring of soil health,

(3) sustainable soil management,

(4) identification, registration, investigation and assessment of contaminated sites,

(5) restoration (regeneration) of soil health and remediation of contaminated sites.

Options have been designed for each of the five building blocks, by modulating flexibility and harmonisation to different degrees corresponding to meaningful potential solutions. One option was designed to give the highest degree of flexibility for Member States, another with the highest degree of harmonisation and a third gives an intermediate degree of harmonisation and flexibility. Option 1 is a monitoring-only scenario without measures on sustainable soil management, regeneration and remediation, but it was discarded at an early stage because it was deemed insufficient to achieve the objectives and meet stakeholders’ expectations.

The preferred option combined the most effective, efficient and policy coherent options selected from each building block. For all building blocks, except for the remediation of contaminated sites, Option 3 providing an intermediate level of flexibility and harmonisation was chosen (and very flexible Option 2 for remediation). The preferred option resulting from the impact assessment was based on a staged approach that would give Member States time to put in place the mechanisms to first assess the condition of soils and then decide on the regeneration measures needed once the conclusions are available.

The preferred option was designed to tackle the costs of soil degradation, in particular the resulting loss of ecosystem services. It would ensure that the EU will achieve its policy objectives, such as healthy soils and the zero-pollution ambition by 2050, in a cost-efficient manner. Most benefits come from avoiding costs by tackling soil degradation. The highest costs relate to the implementation of measures for sustainable soil management and regeneration. The benefits of the initiative were estimated at around EUR 74 billion per year. Total costs would be of the order of EUR 28-38 billion per year. For contaminated sites, the annual cost is highly uncertain. It is estimated at EUR 1.9 billion for the identify and investigate contaminated sites and EUR 1 billion a year to remediate contaminated sites.

Although it was not possible to quantify and monetise all impacts, the benefit-cost ratio of the preferred option was estimated at a conservative and prudent 1.7. It also requires Member States to ensure public participation, in particular from soil managers, farmers and foresters.

The transition to sustainable soil management requires investments to reap the long-term benefits of healthy soils for the environment, economy and society. Successful implementation of the preferred option requires tapping various sources of funding at European, national, regional and local level. Therefore, this proposal is published alongside a Staff Working Document (SWD) providing an overview of funding opportunities available under the EU’s 2021-2027 multiannual budget for the protection, sustainable management, and regeneration of soils. Member States also continue sharing knowledge, experience and expertise in several interconnected EU platforms on soil health.

The proposal corresponds to the preferred option for all building blocks except for the building block on soil restoration. The proposal is less demanding in terms of soil regeneration than the preferred option contained in the impact assessment in order to limit the burden on Member States, landowners and land managers. In particular, the proposal does not require Member States to create any new programmes of measures or soil health plans. However, since this approach may entail an increased risk not to reach the objective of healthy soils by 2050, it is proposed that the Commission will carry out an analysis on the need to set more specific requirements to restore/regenerate unhealthy soils by 2050 in the context of an early evaluation of the directive scheduled 6 years after its entry into force. This analysis will be based on exchanges with the Member States and interested parties, and will take into account the conclusions of the assessment of soil health, the progress on sustainable soil management and the advancement of knowledge on the criteria for the descriptors of soil health.

•Regulatory fitness and simplification

•Fundamental rights

4.BUDGETARY IMPLICATIONS

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

•Explanatory documents (for directives)

•Detailed explanation of the specific provisions of the proposal

2023/0232 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on Soil Monitoring and Resilience (Soil Monitoring Law)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 29 ,

Having regard to the opinion of the Committee of the Regions 30 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)Soil is a vital, limited, non-renewable and irreplaceable resource that is crucial for the economy, the environment and the society.

(2)Healthy soils are in good chemical, biological and physical condition so that they can provide ecosystem services that are vital to humans and the environment, such as safe, nutritious and sufficient food, biomass, clean water, nutrients cycling, carbon storage and a habitat for biodiversity. However, 60 to 70 % of the soils in the Union are deteriorated and continue to deteriorate. 

(3)Soil degradation is costing the Union several tens of billion euro every year. Soil health is impacting the provision of ecosystem services that have an important economic return. Sustainable management and regeneration of soils therefore makes sound economic sense and can significantly increase the price and value of the land in the Union.

(4)The European Green Deal 31 has set out an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well-being of citizens. As part of the European Green Deal, the Commission has adopted the EU Biodiversity Strategy for 2030 32 , the Farm to Fork Strategy 33 , the Zero Pollution Action Plan 34 , the EU Climate Adaptation Strategy 35 and the EU Soil Strategy for 2030 36 .

(5)The Union is committed to the 2030 Agenda for Sustainable Development and its Sustainable Development Goals (SDGs) 37 . Healthy soils contribute directly to the achievement of several SDGs, in particular SDG 2 (zero hunger), SDG 3 (good health and well-being), SDG 6 (clean water and sanitation), SDG 11 (sustainable cities and communities), SDG 12 (responsible consumption and production), SDG 13 (climate action) and SDG 15 (life on land). SDG 15.3 aims to combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land degradation-neutral world by 2030.

(6)The Union and its Member States, as parties to the Convention on Biological Diversity, approved by Council Decision 93/626/EEC 38 , agreed at the 15th Conference of the Parties on the “Kunming-Montreal Global Biodiversity Framework” (GBF) 39 which comprises several action-oriented global targets for 2030 of relevance for soil health. Nature’s contributions to people, including soil health, should be restored, maintained and enhanced.

(7)The Union and its Member States, as Parties to the UN Convention to Combat Desertification (UNCCD), approved by Council Decision 98/216/EC 40 , have committed to combat desertification and mitigate the effects of drought in affected countries. Thirteen Member States 41 have declared themselves as parties affected by desertification under the UNCDD. 

(8)In the context of United Nations Framework Convention on Climate Change (UNFCCC) land and soil is considered simultaneously as a source and a sink of carbon. The Union and Member States as parties have committed to promote sustainable management, conservation and enhancement of carbon sinks and reservoirs.

(9)The EU Biodiversity Strategy for 2030 states that it is essential to step up efforts to protect soil fertility, reduce soil erosion and increase soil organic matter by adopting sustainable soil management practices. It also states that significant progress is needed on identifying contaminated soil sites, restoring degraded soils, defining the conditions for good ecological status of soils, introducing restoration objectives, and improving the monitoring of soil health.

(10)The EU Soil Strategy for 2030 sets the long-term vision that by 2050, all EU soil ecosystems are in healthy condition and are thus more resilient. As a key solution, healthy soils contribute to address the EU’s goals of achieving climate neutrality and becoming resilient to climate change, developing a clean and circular (bio)economy, reversing biodiversity loss, safeguarding human health, halting desertification and reversing land degradation.

(11)Funding is vital to enable a transition to healthy soils. The Multiannual Financial Framework presents several funding opportunities available for the protection, sustainable management and regeneration of soils. A ‘Soil Deal for Europe’ is one of the five EU missions of the Horizon Europe programme and is specifically dedicated to promoting soil health. The Soil Mission is a key instrument for the implementation of this Directive. It aims to lead the transition to healthy soils through funding an ambitious research and innovation programme, establishing a network of 100 living labs and lighthouses in rural and urban areas, advancing the development of a harmonized soil monitoring framework and increasing the awareness of the importance of soil. Other Union programmes that present objectives contributing to healthy soils are the Common Agricultural Policy, the Cohesion Policy funds, the Programme for Environment and Climate Action, the Horizon Europe work programme, the Technical Support Instrument, the Recovery and Resilience Facility and InvestEU. 

(12)The Soil Strategy for 2030 announced that the Commission would table a legislative proposal on soil health to enable the objectives of the Soil Strategy and to achieve good soil health across the EU by 2050. In its resolution of 28 April 2021 on soil protection 42 , the European Parliament emphasised the importance of protecting soil and promoting healthy soils in the Union, bearing in mind that the degradation continues, despite the limited and uneven action being taken in some Member States. The European Parliament called on the Commission to design a Union wide common legal framework, with full respect for the subsidiarity principle, for the protection and sustainable use of soil, addressing all major soil threats.

(13)In its conclusions of 23 October 2020 43 , the Council supported the Commission in stepping up efforts to better protect soils and soil biodiversity, as a non-renewable resource of vital importance.

(14)Regulation (EU) 2021/1119 of the European Parliament and of the Council 44 sets out a binding objective of climate neutrality in the Union by 2050 and negative emissions thereafter, and of prioritising swift and predictable emission reductions and, at the same time, enhancing removals by natural sinks. Sustainable soil management results in increased carbon sequestration and in most cases in co-benefits for ecosystems and biodiversity. The Commission’s Communication on Sustainable Carbon Cycles 45 underlined the need for clear and transparent identification of the activities that unambiguously remove carbon from the atmosphere such as the development of a EU framework for the certification of carbon removals from natural ecosystems including soils. Moreover, the revised Regulation on Land Use, Land Use Change and Forestry not only places soil carbon central to the achievement of targets on the pathway to a climate neutral Europe, but also calls for Member States to prepare a system for the monitoring of soil carbon stocks, using, inter alia, the land use/cover area frame statistical survey (LUCAS) dataset.

(15)The Commission’s Communication on adaptation to climate change 46 underlined that using nature-based solutions inland, including the restoration of the sponge-like function of soils, will boost the supply of clean and fresh water, reduce the impacts of flooding and alleviate the impacts of droughts. It is important to maximise the capacity of soils to retain and purify water and reduce pollution.

(16)The Zero Pollution Action Plan adopted by the Commission sets out the vision for 2050 that air, water and soil pollution is reduced to levels no longer considered harmful to health and natural ecosystems and that respect the boundaries our planet can cope with, thus creating a toxic-free environment.

(17)The Commission’s Communication on safeguarding food security and reinforcing the resilience of food systems 47 stressed that food sustainability is fundamental for food security. Healthy soils make the Union food system more resilient by providing the basis for nutritious and sufficient food.

(18)It is necessary to set measures for monitoring and assessing soil health, managing soils sustainably and tackling contaminated sites to achieve healthy soils by 2050, to maintain them in healthy condition and meet the Union’s objectives on climate and biodiversity, to prevent and respond to droughts and natural disasters, to protect human health and to ensure food security and safety.

(19)Soils host more than 25% of all biodiversity and are the second largest carbon pool of the planet. Due to their ability to capture and store carbon, healthy soils contribute to the achievement of the Union’s objectives on climate change. Healthy soils also provide a favourable habitat for organisms to thrive and are crucial for enhancing biodiversity and the stability of ecosystems. Biodiversity below and above ground are intimately connected and interact through mutualistic relationships (e.g. mycorrhizal fungi that connect plant roots). 

(20)Floods, wildfires and extreme weather events are natural disaster risks of the highest concern across Europe. The concern for droughts and water scarcity is rapidly increasing across the Union. In 2020, 24 Member States considered droughts and water scarcity to be key emerging or climate related disaster risks, compared to only 11 Member States in 2015. Healthy soils are instrumental for the resilience to droughts and natural disasters. Practices that enhance water retention and nutrient availability in soils, soil structure, soil biodiversity and carbon sequestration, increase the resilience of ecosystems, plants and crops to withstand and recover from drought, natural disasters, heatwaves and extreme weather events which will become more frequent in the future due to climate change. In turn, without proper soil management, drought and natural disasters cause soil degradation and make soils unhealthy. Improvement of soil health helps to mitigate the economic losses and fatalities associated with climate-related extremes, which amounted to approximately 560 billion EUR and more than 182.000 casualties in the Union between 1980 and 2021. 

(21)Soil health contributes directly to human health and well-being. Healthy soils provide safe and nutritious food, and have the ability to filter contaminants, hence preserving drinking water quality. Soil contamination can harm human health through ingestion, inhalation or dermal contact. Human exposure to the healthy soil microbial community is beneficial to develop the immune system and resistance against certain diseases and allergies. Healthy soils support the growth of trees, flowers, and grasses, and create green infrastructure that offers aesthetic value, well-being, and quality of life.

(22)Soil degradation impacts fertility, yields, pest resistance and nutritional food quality. Since 95 % of our food is directly or indirectly produced on soils and the global population continues to increase, it is key that this finite natural resource remains healthy to ensure food security in the long-term and secure the productivity and profitability of Union agriculture. Sustainable soil management practices maintain or enhance soil health and contribute to the sustainability and resilience of the food system.

(23)The long-term objective of the Directive is to achieve healthy soils by 2050. As an intermediate step, in light of the limited knowledge about the condition of soils and about the effectiveness and costs of the measures to regenerate their health, the directive takes a staged approach. In the first stage the focus will be on setting up the soil monitoring framework and assessing the situation of soils throughout the EU. It also includes requirements to lay down measures to manage soils sustainably and regenerate unhealthy soils once their condition is established, but without imposing an obligation to achieve healthy soils by 2050 neither intermediate targets. This proportionate approach will allow sustainable soil management and regeneration of unhealthy soils to be well prepared, incentivised and set in motion. In a second stage, as soon as the results of the first assessment of soils and trends analysis are available, the Commission will take stock of the progress towards the 2050 objective and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards 2050. 

(24)Addressing the pressures on soils and identifying the appropriate measures to maintain or regenerate soil health requires that the variety of soil types, the specific local and climatic conditions and the land use or the land cover is taken into account. It is therefore appropriate that Member States establish soil districts. Soil districts should constitute the basic governance units to manage soils and to take measures to comply with the requirements laid down in this Directive, in particular with regard to the monitoring and assessment of soil health. The number, geographic extent and boundaries of soil districts for each Member State should be determined in order to facilitate the implementation of Regulation (UE) …/…. of the European Parliament and of the Council 48 +. There should be a minimum number of soil districts in each Member State taking into account the size of the Member State. This minimum number of soil districts for each Member State shall correspond to the number of NUTS 1 territorial units established in Regulation (EC) No 1059/2003 of the European Parliament and of the Council 49 .

(25)In order to ensure an appropriate governance on soils, Member States should be required to appoint a competent authority for each soil district. Member States should be allowed to appoint any additional competent authority at appropriate level including at national or regional level.

(26)In order to have a common definition of healthy soil condition, there is a need to define a minimum common set of measurable criteria, which, if not respected leads to a critical loss in the soil’s capacity to function as a vital living system and to provide ecosystem services. Such criteria should reflect and be based on the existing level of soil science.

(27)In order to describe soil degradation it is necessary to establish soil descriptors that can be measured or estimated. Even if there is significant variability between soil types, climatic conditions and land uses, the current scientific knowledge allows to set criteria at Union level for some of those soil descriptors. However, Member States should be able to adapt the criteria for some of these soil descriptors based on specific national or local conditions and define the criteria for other soil descriptors for which common criteria at EU level cannot be established at this stage. For those descriptors for which clear criteria that would distinguish between healthy and unhealthy condition cannot be identified now, only monitoring and assessment are required. This will facilitate the development of such criteria in future. 

(28)In order to create incentives, Member States should set up mechanisms to recognize the efforts of landowners and land managers to maintain the soil in healthy condition, including in the form of soil health certification complementary to the Union regulatory framework for carbon removals, and supporting the implementation of the renewable energy sustainability criteria set out in article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council 50 . The Commission should facilitate soil health certification by inter alia exchanging information and promoting best practices, raising awareness and assessing feasibility of developing recognition of certification schemes at Union level. Synergies between different certification schemes should be exploited as much as possible to reduce administrative burden for those applying for relevant certifications.

(29)Some soils have special characteristics either because they are atypical by nature and constitute rare habitats for biodiversity or unique landscapes or because they have been heavily modified by humans. Those characteristics should be taken into account in the context of the definition of healthy soils and the requirements to achieve healthy soil condition.

(30)Soil is a limited resource subject to an ever-growing competition for different uses. Land take is a process often driven by economic development needs, that transforms natural and semi-natural areas (including agricultural and forestry land, gardens and parks) into artificial land development, using soil as a platform for constructions and infrastructure, as a direct source of raw material or as archive for historic patrimony. This transformation may cause the loss, often irreversibly, of the capacity of soils to provide other ecosystem services (provision of food and biomass, water and nutrients cycling, basis for biodiversity and carbon storage). In particular, land take often affects the most fertile agricultural soils, putting food security in jeopardy. Sealed soil also exposes human settlements to higher flood peaks and more intense heat island effects. Therefore, it is necessary to monitor land take and soil sealing and their effects on soil’s capacity to provide ecosystem services. It is also appropriate to lay down certain principles to mitigate the impacts of land take as part of sustainable soil management. 

(31)The assessment of soil health based on the monitoring network should be accurate while at the same time keeping the costs of such monitoring at reasonable level. It is therefore appropriate to lay down criteria for sampling points that are representative of the soil condition under different soil types, climatic conditions and land use. The grid of sampling points should be determined by using geostatistical methods and be sufficiently dense to provide an estimation of the area of healthy soils, at national level, within an uncertainty of not more than 5%. This value is commonly considered to provide a statistically sound estimation and reasonable assurance that the objective has been achieved.

(32)The Commission should assist and support Member States’ monitoring of soil health by continuing to carry out and enhancing regular in-situ soil sampling and related soil measurements (LUCAS soil) as part of the Land Use/Cover Area frame statistical Survey (LUCAS) Programme. For that purpose, the LUCAS Programme shall be enhanced and upgraded to fully align it with the specific quality requirements to be met for the purpose of this Directive. In order to alleviate the burden, Member States should be allowed to take into account the soil health data surveyed under the enhanced LUCAS soil. The Member States thus supported should take the necessary legal arrangements to ensure that the Commission can carry out such in-situ soil sampling, including on privately owned fields, and in compliance with applicable national or Union legislation. 

(33)The Commission is developing remote sensing services in the context of Copernicus as a user-driven programme, hereby also supporting Member States. In order to increase the timeliness and effectiveness of soil health monitoring, and where relevant, Member States should use remote sensing data including outputs from the Copernicus services for monitoring relevant soil descriptors and for assessing soil health. The Commission and the European Environment Agency should support exploring and developing soil remote sensing products, to assist the Member States in monitoring the relevant soil descriptors.  

(34)Building on and upgrading the existing EU soil observatory, the Commission should establish a digital soil health data portal that should be compatible with the EU Data Strategy 51 and the EU data spaces and which should be a hub providing access to soil data coming from various sources. That portal should primarily include all the data collected by the Member States and the Commission as required by this Directive. It should also be possible to integrate in the portal, on a voluntary basis, other relevant soil data collected by Member States or any other party (and in particular data resulting from projects under Horizon Europe and the Mission ‘A Soil Deal for Europe’), provided that those data meet certain requirements as regards format and specifications. Those requirements should be specified by the Commission by way of implementing acts. 

(35)It is also necessary to improve the harmonization of soil monitoring systems used in the Member States and exploit the synergies between Union and national monitoring systems in order to have more comparable data across the Union.

(36)In order to make the widest possible use of soil health data generated by the monitoring carried out under this Directive, Member States should be required to facilitate the access to such data for relevant stakeholders such as farmers, foresters, land owners and local authorities. 

(37)To maintain or enhance soil health, soils need to be managed sustainably. Sustainable soil management will enable the long-term provision of soil services, including improved air and water quality and food security. It is therefore appropriate to lay down sustainable soil management principles to guide soil management practices.

(38)Economic instruments, including those under the Common Agricultural Policy (CAP) that provide support to farmers, have a crucial role in the transition to the sustainable management of agricultural soils and, to a lesser extent, forest soils. The CAP aims to support soil health through the implementation of conditionality, eco-schemes and rural development measures. Financial support for farmers and foresters who apply sustainable soil management practices can also be generated by the private sector. Voluntary sustainability labels in the food, wood, bio-based, and energy industry, for example, established by private stakeholders, can take into account the sustainable soil management principles set out in this Directive. This can enable food, wood, and other biomass producers that follow those principles in their production to reflect these in the value of their products. Additional funding for a network of real-life sites for testing, demonstrating and upscaling of solutions, including on carbon farming, will be provided through the Soil Mission’s living labs and lighthouses. Without prejudice to the polluter pays principle, support and advice should  be provided by Member States to help landowners and land users affected by action taken under this Directive taking into account, in particular, the needs and limited capacities of small and medium sized enterprises.

(39)Pursuant to Regulation (EU) 2021/2115 of the European Parliament and of the Council 52 , Member States have to describe in their CAP Strategic Plans how the environmental and climate architecture of those Plans is meant to contribute to the achievement of, and be consistent with, the long-term national targets set out in, or deriving from, the legislative acts listed in Annex XIII to that Regulation.

(40)In order to ensure that the best sustainable soil management practices are implemented, Member States should be required to closely monitor the impact of soil management practices and adjust practices and recommendations as necessary, taking into account new knowledge from research and innovation. Valuable contributions are expected in this respect from the Horizon Europe Mission ‘A Soil Deal for Europe’ and in particular its living labs and activities to support soil monitoring, soil education and citizen engagement.

(41)Regeneration brings degraded soils back to healthy condition. When defining soil regeneration measures, Member States should be required to take into account the outcome of the soil health assessment and to adapt those regeneration measures to the specific characteristics of the situation, the type, the use and the condition of the soil and the local, climatic and environmental conditions. 

(42)To ensure synergies between the different measures adopted under other Union legislation that may have an impact on soil health, and the measures that are to be put in place to sustainably manage and regenerate soils in the Union, Member States should ensure that the sustainable soil management and regeneration practices are coherent with the national restoration plans adopted in accordance with Regulation (UE) …/… of the European Parliament and of the Council 53 +; the strategic plans to be drawn up by Member States under the Common Agricultural Policy in accordance with Regulation (EU) 2021/2115, the codes of good agricultural practices and the action programmes for designated vulnerable zones adopted in accordance with Council Directive 91/676/EEC 54 , the conservation measures and prioritized action framework established for Natura 2000 sites in accordance with Council Directive 92/43/EEC 55 , the measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC of the European Parliament and of the Council 56 , the flood risk management measures established in accordance with Directive 2007/60/EC of the European Parliament and of the Council 57 , the drought management plans promoted in the Union Strategy on Adaptation to Climate Change 58 , the national action programmes established in accordance with Article 10 of the United Nations Convention to Combat Desertification, targets set out under Regulation (EU) 2018/841 of the European Parliament and of the Council 59 and Regulation (EU) 2018/842 of the European Parliament and of the Council 60 , the integrated national energy and climate plans established in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council 61 , the national air pollution control programmes prepared under Directive (EU) 2016/2284 of the European Parliament and of the Council 62 , risk assessments and disaster risk management planning established in accordance with Decision No 1313/2013/EU of the European Parliament and of the Council 63 , and national action plans established in accordance with Regulation (UE) …/… of the European Parliament and of the Council 64 +. Sustainable soil management and regeneration practices should be, as far as possible, integrated within these programmes, plans and measures to the extent that they contribute to the achievement of their objectives. Consequently, relevant indicators and data, such as soil-related result indicators under the CAP Regulation and statistical data on agricultural input and output reported under Regulation (EU) 2022/2379 of the European Parliament and of the Council 65 , should be accessible to the competent authorities responsible for sustainable soil management and regeneration practices and soil health assessment in order to cross-link these data and indicators and thus enable the most accurate possible assessment of the effectiveness of the measures chosen.

(43)Contaminated sites are the legacy of decades of industrial activity in the EU and may lead to risks for human health and the environment now and in the future. It is therefore necessary first to identify and investigate potentially contaminated sites and then, in case of confirmed contamination, to assess the risks and take measures to address unacceptable risks. Soil investigation may prove that a potentially contaminated site is in fact not contaminated. In that case, the site should no longer be labelled by the Member State as potentially contaminated, unless contamination is suspected based on new evidence. 

(44)To identify potentially contaminated sites, Member States should collect evidence among others through historical research, past industrial incidents and accidents, environmental permits and notifications by the public or authorities.

(45)In order to ensure that soil investigations on potentially contaminated sites are carried out timely and effectively, Member States should, in addition to the obligation to lay down the deadline by which those investigations should be carried out, be required to lay down specific events that also trigger such investigation. Such triggering events may include the request or review of an environmental or building permit or an authorisation required pursuant to Union legislation or national legislation, soil excavation activities, land use changes or land or real estate transactions. Soil investigations may follow different stages, such as a desk study, site visit, preliminary or exploratory investigation, more detailed or descriptive investigation, and field or laboratory testing. Baseline reports and monitoring measures implemented in accordance with Directive 2010/75/EU of the European Parliament and of the Council 66  could also qualify as soil investigation where appropriate.

(46)Flexibility for the management of potentially contaminated sites and contaminated sites is needed to take account of costs, benefits and local specificities. Member States should therefore at least adopt a risk-based approach for managing potentially contaminated sites and contaminated sites, taking into account the difference between these two categories, and which allows to allocate resources taking account of the specific environmental, economic and social context. Decisions should be taken based on the nature and extent of potential risks for human health and the environment resulting from exposure to soil contaminants (e.g. exposure of vulnerable populations such as pregnant women, persons with disabilities, elderly people and children). The cost-benefit analysis of undertaking remediation should be positive. The optimum remediation solution should be sustainable and selected through a balanced decision-making process that takes account of the environmental, economic and social impacts. The management of potentially contaminated sites and contaminated sites should respect the polluter-pays, precautionary and proportionality principles. Member States should lay down the specific methodology for determining the site-specific risks of contaminated sites. Member States should also define what constitutes an unacceptable risk from a contaminated site based on scientific knowledge, the precautionary principle, local specificities, and current and future land use. In order to reduce the risks of contaminated sites to an acceptable level for human health and the environment, Member States should take adequate risk reduction measures including remediation. It should be possible to qualify measures taken under other Union legislation as risk reduction measures under this Directive when those measures effectively reduce risks posed by contaminated sites.

(47)Measures taken pursuant to this Directive should also take account of other EU policy objectives, such as the objectives pursued by [Regulation (EU) xxxx/xxxx 67 +] that aim at ensuring secure and sustainable supply of critical raw materials for Europe’s industry. 

(48)Transparency is an essential component of soil policy and ensures public accountability and awareness, fair market conditions and the monitoring of progress. Therefore, Member States should set up and maintain a national register of contaminated sites and potentially contaminated sites which contains site-specific information that should be made publicly accessible in an online georeferenced spatial database. The register should contain the information that is necessary for the public to be informed on the existence and on the management of potentially contaminated sites and contaminated sites. Because the presence of soil contamination is not yet confirmed but only suspected on potentially contaminated sites, the difference between contaminated sites and potentially contaminated sites has to be communicated and explained well to the public to avoid raising unnecessary concern.

(49)Article 19(1) of the Treaty on European Union (TEU) requires Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by Union law. In addition, in accordance with the Convention on access to information, public participation in decision‐making and access to justice in environmental matters 68 (Aarhus Convention), members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.

(50)Directive (EU) 2019/1024 of the European Parliament and of the Council 69 mandates the release of public sector data in free and open formats. The overall objective is to continue the strengthening of the EU’s data economy by increasing the amount of public sector data available for re-use, ensuring fair competition and easy access to public sector information, and enhancing cross-border innovation based on data. The main principle is that government data should be open by default and design. Directive 2003/4/EC of the European Parliament and of the Council 70 is aimed at guaranteeing the right of access to environmental information in the Member States in line with the Aarhus Convention. The Aarhus Convention and Directive 2003/4/EC encompass broad obligations related both to making environmental information available upon request and actively disseminating such information. Directive 2007/2/EC of the European Parliament and of the Council 71 is also of broad scope, covering the sharing of spatial information, including data sets on different environmental topics. It is important that provisions of this Directive related to access to information and data-sharing arrangements complement those Directives and do not create a separate legal regime. Therefore, the provisions of this Directive regarding information to the public and information on monitoring of implementation should be without prejudice to Directives (EU) 2019/1024, 2003/4/EC and 2007/2/EC.

(51)In order to ensure the necessary adaptation of the rules on soil health monitoring, sustainable soil management and management of contaminated sites, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending this Directive to adapt to technical and scientific progress the methodologies for monitoring soil health, the list of sustainable soil management principles, the indicative list of risk reduction measures, the phases and requirements for the site-specific risk assessment and the content of the register of contaminated and potentially contaminated sites. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 72 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(52)In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission in order to set out the format, structure and detailed arrangements for reporting data and information electronically to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council 73 .

(53)The Commission should carry out an evidence-based evaluation and, where relevant, a revision of this Directive, 6 years after its entry into force on the basis of the results of the soil health assessment. The evaluation should assess in particular the need to set more specific requirements to make sure unhealthy soils are regenerated and the objective to achieve healthy soils by 2050 is achieved. The evaluation should also assess the need to adapt the definition of healthy soils to scientific and technical progress by adding provisions on certain descriptors or criteria based on new scientific evidence relating to the protection of soils or on the grounds of a problem specific to a Member State arising from new environmental or climatic circumstances. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures.

(54)Coordinated measures by all Member States are necessary to achieve the vision to have all soils healthy by 2050 and to secure the provision of ecosystem services by soils across the Union in the long-term. Individual actions of Member States have proven to be insufficient since the soil degradation is continuing and even deteriorating. Since the objectives of this Directive cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(55)In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents 74 , Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

HAVE ADOPTED THIS DIRECTIVE:

Chapter I

General provisions

Article 1

Objective and Subject matter

1.The objective of the Directive is to put in place a solid and coherent soil monitoring framework for all soils across the EU and to continuously improve soil health in the Union with the view to achieve healthy soils by 2050 and maintain soils in healthy condition, so that they can supply multiple ecosystem services at a scale sufficient to meet environmental, societal and economic needs, prevent and mitigate the impacts of climate change and biodiversity loss, increase the resilience against natural disasters and for food security and that soil contamination is reduced to levels no longer considered harmful to human health and the environment.

2.This Directive lays down measures on:

(a)monitoring and assessment of soil health;

(b)sustainable soil management; 

(c)contaminated sites.

Article 2

Scope

This Directive applies to all soils in the territory of Member States.

Article 3

Definitions

For the purposes of this Directive, the following definitions shall apply:

(1)‘soil’ means the top layer of the Earth’s crust situated between the bedrock and the land surface, which is composed of mineral particles, organic matter, water, air and living organisms;

(2)‘ecosystem’ means a dynamic complex of plant, animal, and micro-organism communities and their non-living environment interacting as a functional unit;

(3)‘ecosystem services’ means indirect contributions of ecosystems to the economic, social, cultural and other benefits that people derive from those ecosystems;

(4)‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services;

(5)‘sustainable soil management’ means soil management practices that maintain or enhance the ecosystem services provided by the soil without impairing the functions enabling those services, or being detrimental to other properties of the environment; 

(6)‘soil management practices’ mean practices that impact the physical, chemical or biological qualities of a soil;

(7)‘managed soils’ means soils where soil management practices are carried out;

(8)‘soil district’ means the part of the territory of a Member State, as delimited by that Member State in accordance with this Directive;

(9)‘soil health assessment’ means the evaluation of the health of the soil based on the measurement or estimation of soil descriptors;

(10)‘contaminated site’ means a delineated area of one or several plots with confirmed presence of soil contamination caused by point-source anthropogenic activities;

(11)‘soil descriptor’ means a parameter describing a physical, chemical, or biological characteristic of soil health;

(12)‘land’ means the surface of the Earth that is not covered by water;

(13)‘land cover’ means the physical and biological cover of the earth’s surface;

(14)‘natural land’ means an area where human activity has not substantially modified an area’s primary ecological functions and species composition;

(15)‘semi-natural land‘ means an area where ecological assemblages have been substantially modified in their composition, balance or function by human activities, but maintain potentially high value in terms of biodiversity and the ecosystem services it provides;

(16)‘artificial land’ means land used as a platform for constructions and infrastructure or as a direct source of raw material or as archive for historic patrimony at the expense of the capacity of soils to provide other ecosystem services;

(17)‘land take’ means the conversion of natural and semi-natural land into artificial land;

(18)‘transfer function’ means a mathematical rule that allows to convert the value of a measurement, performed using a methodology different from a reference methodology, into the value that would be obtained by performing the soil measurement using the reference methodology;

(19)‘public concerned’ means the public affected or likely to be affected by soil degradation, or having an interest in the decision-making procedures related to the implementation of the obligations under this Directive, including land owners and land users, as well as non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law.

(20)‘soil contamination’ means the presence of a chemical or substance in the soil in a concentration that may be harmful to human health or the environment;

(21)‘contaminant’ means a substance liable to cause soil contamination;

(22)‘regeneration’ means an intentional activity aimed at reversing soil from degraded to healthy condition;

(23)‘risk’ means the possibility of harmful effects to human health or the environment resulting from exposure to soil contamination;

(24)‘soil investigation’ means a process to assess the presence and concentration of contaminants in the soil which is usually performed in different stages;

(25)‘geographically explicit’ means information referenced and stored in a manner that permits it to be mapped and localised with specific precision and accuracy.

(26)‘soil remediation’ means a regeneration action that reduces, isolates or immobilizes contaminant concentrations in the soil.

Article 4

Soil districts

1.Member States shall establish soil districts throughout their territory.

The number of soil districts for each Member State shall as a minimum correspond to the number of NUTS 1 territorial units established under Regulation (EC) No 1059/2003.

2.When establishing the geographic extent of soil districts, Member States may take into account existing administrative units and shall seek homogeneity within each soil district regarding the following parameters:

(a)soil type as defined in the World Reference Base for Soil Resources 75 ;

(b)climatic conditions;

(c)environmental zone as described in Alterra Report 2281 76 ;

(d)land use or land cover as used in the Land Use/Cover Area frame statistical Survey (LUCAS) programme.

Article 5

Competent authorities

Member States shall designate the competent authorities responsible at an appropriate level for carrying out the duties laid down in this Directive.

Member States shall designate one competent authority for each soil district established in accordance with Article 4.

Chapter II

Monitoring and assessment of soil health

Article 6

Soil health and land take monitoring framework

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.

2.Member States shall monitor soil health and land take in each soil district.

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

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

(b)the soil sampling points to be determined in accordance with Article 8(2); 

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

(d)the remote sensing data and products referred to in paragraph 5 of this Article, if any; 

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

4.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. 

5.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.

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 to at least the available soil health data resulting from:

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

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

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

7.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.

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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.

Article 7

Soil descriptors, criteria for healthy soil condition, and land take and soil sealing indicators

1.When monitoring and assessing soil health, Member States shall apply the soil descriptors and soil health criteria listed in Annex I.

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

2.Member States may adapt the soil descriptors and the soil health criteria referred to in part A of Annex I, in accordance with the specifications referred to in the second and third columns in part A of Annex I.

3.Member States shall determine the organic contaminants for the soil descriptor related to soil contamination referred to in part B of Annex I.

4.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.

5.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’).

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.

Article 8

Measurements and methodologies

1.Member States shall determine sampling points by applying the methodology set out in part A of Annex II. 

2.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:

(a)the values of the soil descriptors as set in Annex I;

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

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

3.Member States shall apply the following:

(a)the methodologies for determining or estimating the values of the soil descriptors set out in part B of Annex II;

(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;

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

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, as required in Annex II, part B, fourth column.

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

5.Member States shall ensure that new soil measurements are performed at least every 5 years.

Member States shall ensure that the value of the land take and soil sealing indicators are updated at least every year.

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

Article 9

Assessment of the soil health

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 Parts A and B of Annex I.

Member States shall also take into account the data collected in the context of soil investigations referred to in Article 14.

Member States shall ensure that soil health assessments are performed at least every 5 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).

2.A soil is considered healthy in accordance with this Directive where the following cumulative conditions are fulfilled:

(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;

(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’).

By 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.

Soil is unhealthy where at least one of the criteria referred to in subparagraph 1 is not met (‘unhealthy soil’).

3.Member States shall analyse the values for the soil descriptors listed in part C of Annex I and assess whether there is a critical loss of ecosystem services, taking into account the relevant data and available scientific knowledge.

Member 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.

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 which present unhealthy soils and inform the public in accordance with Article 19. 

5.Member States shall set up a mechanism for a voluntary soil health certification for land owners and managers pursuant to the conditions in paragraph 2 of this Article. 

The Commission may adopt implementing acts to harmonise the format of soil health certification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.

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 upon their request, in particular to support the development of the advice referred to in Article 10(3). 

Chapter III

Sustainable soil management

Article 10

Sustainable soil management

1.From (OP: please insert the date = 4 years after date of entry into force of the Directive), Member States shall take at least the following measures, taking into account the type, use and condition of soil:

(a)defining sustainable soil management practices respecting the sustainable soil management principles listed in Annex III to be gradually implemented on all managed soils and, on the basis of the outcome of the soil assessments carried out in accordance with Article 9, regeneration practices to be gradually implemented on the unhealthy soils in the Member States;

(b)defining soil management practices and other practices affecting negatively the soil health to be avoided by soil managers. 

When defining the practices and measures referred to in this paragraph, Member States shall take into account the 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.

Member States shall identify synergies with the programmes, plans and measures set out in Annex IV. The soil health monitoring data, the results of the soil health assessments, the analysis referred to in Article 9 and the sustainable soil management measures shall inform the development of the programmes, plans and measures set out in Annex IV.

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 landowners and managers, are involved and are given early and effective opportunities to participate in their elaboration.

2.Member States shall ensure easy access to impartial and independent advice on sustainable soil management, training activities and capacity building for soil managers, landowners and relevant authorities.

Member States shall also take the following measures:

(a)promoting awareness on the medium- and long-term multiple benefits of sustainable soil management and the need to manage soils in a sustainable manner;

(b)promoting research and implementation of holistic soil management concepts;

(c)making available a regularly updated mapping of available funding instruments and activities to support the implementation of sustainable soil management.

3.Member States shall regularly assess the effectiveness of the measures taken in accordance with this Article and, where relevant, review and revise those measures, taking into account the soil health monitoring and assessment referred to in Articles 6 to 9.

4.The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex III in order to adapt the sustainable soil management principles to take into account scientific and technical progress.

Article 11

Land take mitigation principles

Member States shall ensure that the following principles are respected in case of land take:

(a)avoid or reduce as much as technically and economically possible the loss of the capacity of the soil to provide multiple ecosystem services, including food production, by:

(i)reducing the area affected by the land take to the extent possible and 

(ii)selecting areas where the loss of ecosystem services would be minimized and

(iii)performing the land take in a way that minimizes the negative impact on soil; 

(b)compensate as much as possible the loss of soil capacity to provide multiple ecosystem services.

Chapter IV

Contaminated sites

Article 12

Risk-based approach

1.Member States shall manage the risks for human health and the environment of potentially contaminated sites and contaminated sites, and keep them to acceptable levels, 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.

2.By … (OP: please insert the date =4 years after the date of entry into force of the Directive) Member States shall establish a risk-based approach for the following:

(a)the identification of potentially contaminated sites in accordance with Article 13;

(b)the investigation of potentially contaminated sites in accordance with Article 14;

(c)the management of contaminated sites in accordance with Article 15.

3.The requirement laid down in paragraph 2 is without prejudice to more stringent requirements arising from Union or national legislation.

4.The public concerned shall be given early and effective opportunities:

(a)to participate in the establishment and concrete application of the risk-based approach as defined in this Article; 

(b)to provide information relevant for the identification of potentially contaminated sites in accordance with Article 13, the investigation of potentially contaminated sites in accordance with Article 14 and the management of contaminated sites in accordance with Article 15;

(c)to request correction of information contained in the register for contaminated sites and potentially contaminated sites in accordance with Article 16.

Article 13

Identification of potentially contaminated sites

1.Member States shall systematically and actively identify all sites where a soil contamination is suspected based on evidence collected through all available means (‘potentially contaminated sites’).

2.When identifying the potentially contaminated sites Member States shall take into account the following criteria:

(a)operation of an active or inactive potentially contaminating risk activity;

(b)operation of an activity referred to in Annex I to Directive 2010/75/EU;

(c)operation of an establishment referred to in Directive 2012/18/EU of the European Parliament and of the Council 77 ;

(d)operation of an activity referred to in Annex III to Directive 2004/35/CE of the European Parliament and of the Council 78 ;

(e)occurrence of a potentially contaminating accident, calamity, disaster, incident or spill;

(f)any other event liable to cause soil contamination;

(g)any information resulting from the soil health monitoring carried out in accordance with Articles 6, 7 and 8.

For the purpose of the first subparagraph point (a), Member States shall lay down a list of potentially contaminating risk activities. Those activities may be further classified according to their risk to cause soil contamination based on scientific evidence.

3.Member States shall ensure that all potentially contaminated sites are identified by (OP: please insert date = 7 years after date of entry into force of the Directive) and are duly recorded in the register referred to in Article 16 by that date.

Article 14

Investigation of potentially contaminated sites

1.Member States shall ensure that all potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation. 

2.Member States shall lay down the rules concerning the deadline, content, form and the prioritisation of the soil investigations. 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.

Member States may consider baseline reports and monitoring measures implemented in accordance with the Directive 2010/75/EU as soil investigation where appropriate.

3.Member States shall also establish specific events that trigger an investigation before the deadline set in accordance with paragraph 2.

Article 15

Risk assessment and management of contaminated sites

1.Member States shall lay down the specific methodology for determining the site-specific risks of contaminated sites. Such methodology shall be based on the phases and requirements for site-specific risk assessment listed in Annex VI.

2.Member States shall define what constitutes an unacceptable risk for human health and the environment resulting from contaminated sites by taking into account existing scientific knowledge, the precautionary principle, local specificities, and current and future land use.

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 health or the environment.

4.On the basis of the outcome of the assessment referred to in paragraph 3, the responsible competent authority shall take the appropriate measures to bring the risks to an acceptable level for human health and the environment (‘risk reduction measures’).

5.The risk reduction measures may consist of 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.

6.The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annexes V and VI to adapt the list of risk reduction measures and the requirements for site-specific risk assessment to scientific and technical progress.

Article 16

Register

1.By … (OP : please insert date = 4 years after entry into force of the Directive), Member States shall, in accordance with paragraph 2, draw up a register of contaminated sites and potentially contaminated sites.

2.The register shall contain the information set out in Annex VII.

3.The register shall be managed by the responsible competent authority and shall be regularly kept under review and up to date.

4.Member States shall make public 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 Council 79  are fulfilled. 

The register shall be made available in an online georeferenced spatial database.

5.The Commission shall 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.

Chapter V

Financing, information to the public and reporting by Member States

Article 17

Union financing

Given the priority inherently attached to the establishment of soil monitoring and sustainable management and regeneration of soils, the implementation of this Directive shall be supported by existing Union financial programmes in accordance with their applicable rules and conditions.

Article 18

Reporting by Member States

1.Member States shall electronically report the following data and information to the Commission and to the EEA every 5 years:

(a)the data and results of the soil health monitoring and assessment carried out in accordance with Articles 6 to 9;

(b)a trend analysis of the soil health for the descriptors listed in parts A, B, and C of Annex I and for the land take and soil sealing indicators listed in part D of Annex I in accordance with Article 9; 

(c)a summary of the progress on:

(i)implementing sustainable soil management principles in accordance with Article 10;

(ii)the registration, identification, investigation, and management of contaminated sites in accordance with Articles 12 to 16;

(d)the data and information contained in the register referred to in Article 16.

The first reports shall be submitted by … (OP: please insert date = 5 years and 6 months after entry into force of the Directive).

2.Member States shall ensure that the Commission and the EEA have permanent access to the information and data referred to in paragraph 1.

3.Member States shall provide the Commission with online access to the following:

(a)an up-to-date list and spatial data of their soil districts referred to in Article 4 by … (OP: please insert the date = 2 years and 3 months after date of entry into force of the Directive);

(b)an up-to-date list of the competent authorities referred to in Article 5 by … (OP: please insert the date = 2 years and 3 months after date of entry into force of the Directive);

(c)the measures and sustainable soil management practices referred to in Article 10 by… (OP: please insert the date = 4 years and 3 months after date of entry into force of the Directive).

4.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.

Article 19

Information to the public

1.Member States shall make public the data generated by the monitoring carried out under Article 8 and the assessment carried out under Article 9 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 80 for geographically explicit data and Article 5 of Directive (EU) 2019/1024 for other data. 

2.The Commission shall ensure that soil health data made accessible through the digital soil health data portal referred to in Article 6 is available to the public in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council 81  and Regulation (EC) No 1367/2006 of the European Parliament and of the Council 82 .

3.Member States shall ensure that the information referred to in Article 18 of this Directive is available and accessible to the public in accordance with Directive 2003/4/EC, Directive 2007/2/EC and Directive (EU) 2019/1024 of the Parliament and of the Council 83 .

4.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.

Chapter VI

Delegation and Committee procedure

Article 20

Exercise of the delegation

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

2.The power to adopt delegated acts referred to in Articles 8, 10, 15 and 16 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.

3.The delegation of power referred to in Articles 8, 10, 15 and 16 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.

4.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.

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

6.A delegated act adopted pursuant to Articles 8, 10, 15 and 16 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.

Article 21

Committee

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

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

Chapter VII

Final provisions

Article 22

Access to justice

Member 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.

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

Review 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.

Member 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.

Article 23

Penalties

1.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.

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

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

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

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

(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.

4.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.

Article 24

Evaluation and review

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 set more specific requirements to ensure that unhealthy soils are regenerated and that all soils will be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:

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

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

(c)relevant scientific and analytical data, including results from research projects funded by the Union;

(d)an analysis of the gap towards achieving healthy soils by 2050; 

(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:

(i)the definition of healthy soils;

(ii)the establishment of criteria for soil descriptors listed in part C of annex I;

(iii)the addition of new soil descriptors for monitoring purposes.

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.

Article 25

Transposition

1.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.

When 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.

2.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.

Article 26

Entry into force

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

Article 27

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned

1.3.The proposal/initiative relates to:

1.4.Objective(s)

1.4.1.General objective(s)

1.4.2.Specific objective(s)

1.4.3.Expected result(s) and impact

1.4.4.Indicators of performance

1.5.Grounds for the proposal/initiative

1.5.1.Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative

1.5.2.Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this point 'added value of Union involvement' is the value resulting from Union intervention, which is additional to the value that would have been otherwise created by Member States alone.

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility with the Multiannual Financial Framework and possible synergies with other appropriate instruments

1.5.5.Assessment of the different available financing options, including scope for redeployment

1.6.Duration and financial impact of the proposal/initiative

1.7.Method(s) of budget implementation planned

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

2.2.Management and control system(s)

2.2.1.Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them

2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure)

2.3.Measures to prevent fraud and irregularities

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

3.2.Estimated financial impact of the proposal on appropriations

3.2.1.Summary of estimated impact on operational appropriations

3.2.2.Estimated output funded with operational appropriations

3.2.3.Summary of estimated impact on administrative appropriations

3.2.3.1.Estimated requirements of human resources

3.2.4.Compatibility with the current multiannual financial framework

3.2.5.Third-party contributions

3.3.Estimated impact on revenue

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned 

1.3.The proposal/initiative relates to: 

 a new action 

 a new action following a pilot project/preparatory action 84  

 the extension of an existing action 

 a merger or redirection of one or more actions towards another/a new action 

1.4.Objective(s)

1.4.1.General objective(s)

1.4.2.Specific objective(s)

1.4.3.Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

1.4.4.Indicators of performance

Specify the indicators for monitoring progress and achievements.

1.5.Grounds for the proposal/initiative 

1.5.1.Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative

1.5.2.Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this point 'added value of Union involvement' is the value resulting from Union intervention, which is additional to the value that would have been otherwise created by Member States alone.

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility with the Multiannual Financial Framework and possible synergies with other appropriate instruments

1.5.5.Assessment of the different available financing options, including scope for redeployment

1.6.Duration and financial impact of the proposal/initiative

 limited duration

–    in effect from [DD/MM]YYYY to [DD/MM]YYYY

–    Financial impact from YYYY to YYYY for commitment appropriations and from YYYY to YYYY for payment appropriations.

 unlimited duration

–Implementation with a start-up period corresponding to the transposition period of 2 years

–followed by full-scale operation.

1.7.Method(s) of budget implementation planned 

 Direct management by the Commission

– by its departments, including by its staff in the Union delegations;

–    by the executive agencies

 Shared management with the Member States

 Indirect management by entrusting budget implementation tasks to:

– third countries or the bodies they have designated;

– international organisations and their agencies (to be specified);

– the EIB and the European Investment Fund;

–bodies referred to in Articles 70 and 71 of the Financial Regulation;

– public law bodies;

– bodies governed by private law with a public service mission to the extent that they are provided with adequate financial guarantees;

– bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that are provided with adequate financial guarantees;

– bodies or persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

–If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

2.MANAGEMENT MEASURES 

2.1.Monitoring and reporting rules 

Specify frequency and conditions.

2.2.Management and control system(s) 

2.2.1.Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them

2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure) 

2.3.Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected 

·Existing budget lines

In order of multiannual financial framework headings and budget lines.

·New budget lines requested: N/A 

3.2.Estimated financial impact of the proposal on appropriations 

3.2.1.Summary of estimated impact on operational appropriations 

–    The proposal/initiative does not require the use of operational appropriations

–    The proposal/initiative requires the use of operational appropriations, as explained below:

EUR million (to three decimal places)

The amount reported above will be needed to support various implementation tasks related to the legislative provisions that will be carried out by DG ENV and JRC.

The procured activities include a general support contract for the implementation of the proposal.

In addition, administrative arrangement(s) with JRC have been included in this category, in particular for establishing an integrated monitoring.

Concerning the Agency EEA, the impact on the agency and any need for reinforcement, will be detailed, as needed, in a dedicated Legislative Financial Statement grouping all relevant proposed initiatives.

This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative Financial Statement (Annex 5 to the Commission decision on the internal rules for the implementation of the Commission section of the general budget of the European Union), which is uploaded to DECIDE for interservice consultation purposes.

EUR million (to three decimal places)

The cost per FTE (AD/AST) is calculated at EUR 171 000/y and at EUR 91 000/y for CA. The other administrative expenditure accounts for Committee and expert group meetings, missions and other costs associated with this personnel.

EUR million (to three decimal places)

3.2.2.Estimated output funded with operational appropriations