What changed between the plenary report and the adopted text

Added:1. When monitoring and assessing soil health, Member States shallmay apply the soil descriptors and soil health criteriathat best illustrate the soil characteristics of each soil type at national level listed in Annex I. [Am. 228]

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

Added:2. Member States may adapt the soil descriptors andshall select the adequate tier for the soil health criteria referred to in part A of Annex I,monitoring design for which they qualify in accordance with the specifications referred to in the second and third columnsconditions of Annex I, and shall ensure that they include at least all soil descriptors in Part A of Annex I. [Am. 85]

Added:3. Member States shall determine the organic contaminants for the soil descriptor related to soil contamination referred to in part BA of Annex I. [Am. 86]

Added: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. [Am. 87]

Added: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’). [Am. 88]

Added: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 and with Article 9. [Am. 89]

Added:Article 8 Measurements and methodologies

Added:1. Member States shall determine sampling points by applying the methodology set out in part A of Annex III according to the selected tier for soil monitoring design, taking into account risk assessments based on existing monitoring systems. [Am. 90]

Added: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:

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

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

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

Added:3. Member States shall apply the following:

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

Added:(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;

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

Added: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 or may be estimated by comparing data taken at national level with in-situ monitoring coordinated by the Commission, as required in Annex II, part B, fourth column. [Am. 93]

Added:4. Member States shall ensure that the first soil measurements are performed at the latest by… (OP: please insert the date = 43 years after date of entry into force of the Directive). [Am. 94]

Added:5. Member States shall ensure that new soil measurements are performed at least every 56 years or earlier, whenever soil status modification is suspected. Member States shall also facilitate in-situ soil monitoring coordinated by the Commission.

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

Added: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). [Am. 96]

Added:Article 9 Assessment of the soil health

Added: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 according to the selected tier for soil monitoring design, while taking into account the historical and natural circumstances of the soil. [Am. 97]

Added:For the assessment of the soil ecological status, Member States shall also take into account the data collected in the context of soil investigations referred to in Article 14. [Am. 98]

Added:Member States shall ensure that soil health assessments of soil ecological status are performed at least every 56 years and that the first soil health assessment is performed by … (OP: please insert the date = 5 years after date of entry into force of the Directive), accompanied by reports on relative improvement, trends, progress or regression. [Am. 99]

Added:2. A soil is considered healthy in accordance with this Directive where the following cumulative conditions are fulfilled:soil is classified either with good or high ecological status.

Added:(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;

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

Added: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. [Am. 101]

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

Added:3. Member States shall analyse the values for the soil descriptors listed in partparts A, B and C of Annex I, according to the selected tier for soil monitoring design, and assess whether there is a critical loss of soil biodiversity and ecosystem services, taking into account the relevant data and available scientific knowledge. [Am. 103]

Added: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.

Added: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 soilsof soil that are not of high soil ecological status or good ecological status and inform the public in accordance with Article 19. [Am. 104]

Added:4a. The Commission shall adopt delegated acts by 31 December 2026 in accordance with Article 20 to supplement this Regulation by establishing a methodology for determining threshold values for soil descriptors in Annex I for each soil ecological status. The methodology shall take into consideration the most recent scientific evidence and account for different climatic conditions and type of soils. [Am. 105]

Added:4b. By 30 June 2028, Member States shall submit to the Commission draft threshold values for soil descriptors in Annex I, taking into consideration climate conditions, the type of soil and type of land area, together with the scientific justification and evidence on which they based their choices. [Am. 106]

Added:4c. Within 6 months of the date of the submission of the draft threshold values referred to in paragraph 4b, the Commission shall make observations on the draft threshold values, assessing the scientific justification and ensuring a level playing field within the internal market. Upon request from the Commission, Member States shall provide to the Commission all necessary additional information and, where appropriate, revise the proposed threshold values. [Am. 107]

Added:4d. Provided that any observations made by the Commission in accordance with paragraph 4c have been adequately taken into account, the Commission shall, by means of implementing acts, approve threshold values no later than 31 December 2029. [Am. 108]

Added:4e. When applying a Tier 2 for soil monitoring design, Member States may benefit from variation of up to 20% in comparison to the threshold values set in accordance with paragraph 4d. [Am. 110]

Added: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. [Am. 111]

Added: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. [Am. 112]

Added: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 requestand make them available free of charge, in particular to support the development of the advice referred to in Article 10(3). Member States shall ensure that research institutions have easy and continuous access to samples, DNA extracts and raw data free of charge. [Am. 113]

Added:Chapter III Sustainable soil management

Added:Article 10 Sustainable soil management

Added: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:

Added:(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;

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

Added: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.

Added: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.

Added: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. [Am. 248]

Added:2. Member States shall ensure easy and equal access to impartial and independent advice on sustainable soil management, training activities and capacity building for soil managers, landowners, land managers and relevant authorities, in all their soil districts. [Ams. 120 and 249]

Added:Member States shall also take the following measures:

Added:(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;

Added:(b) promoting research, innovation, citizens science and encourage and implementation of holisticsustainable soil management concepts; [Ams. 121 and 250]

Added:(c) making available a regularly updated mapping of available funding instruments and activities to support the implementation of sustainable soil management, and other activities to support the implementation of this Directive, including research and citizen science. [Am. 122]

Added: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. [Am. 251]

Added: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. [Ams. 123 and 252]

Added:4a. The Commission shall, upon request, assist and provide guidance to Member States regarding the development of specific measures linked to the sustainable soil management principles listed in Annex III. [Am. 124]

Added:Article 10a Sustainable Soil Management Toolbox

Added:1. In order to support the implementation of this Directive, the Commission shall establish a sustainable soil management toolbox that provides soil managers with practical information on the use of sustainable soil management practices, which includes information provided by the Member States.