What changed between the draft committee report of 24 Oct 2023 and the draft committee report of 14 Oct 2025

Removed:Article 10 – paragraph 2 – subparagraph 2 – point b: (b) promoting research, citizen science and implementation of holistic soil management concepts;

Removed:Citizens can actively contribute to achievement of this Directive. E.g. under the Horizon research project ECHO citizens help with data collection and promotion of soil stewardship. One of its results will also be an open access repository, including available citizen science data to be used by farmers, land users, researchers, etc. The citizen science provides valuable information about the state of soil health in various regions, helping them to make informed decisions about land use and conservation.

Removed:Article 10 – paragraph 2 – subparagraph 2 – point c: (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.

Removed:Citizens can actively contribute to achievement of this Directive. E.g. under the Horizon research project ECHO citizens help with data collection and promotion of soil stewardship. One of its results will also be an open access repository, including available citizen science data to be used by farmers, land users, researchers, etc. The citizen science provides valuable information about the state of soil health in various regions, helping them to make informed decisions about land use and conservation.

Removed:Article 10 – paragraph 3: 3. Member States shall at least every three years 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.

Removed:Article 10 – paragraph 3 a (new): 3a. The Commission shall assist and provide guidance to Member States regarding the development of specific measures linked to the sustainable soil management practices listed in Annex III.

Removed:Article 10 a (new): Article10a / Sustainable Soil Management Toolbox / 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. / 2. The toolbox shall contain: / (a) recommendations and examples of best practices from the Member States´ competent authorities which monitor the impact of soil management practices, and information about the impact of such practices on various ecosystem services and soil threats; / (b) the context-specific information related to combinations of soil type, land use and climatic conditions; / (c) new knowledge from research and innovation, including from the Horizon Europe mission ‘A Soil Deal for Europe’; / (d) other relevant information collected by the Commission or provided to the Commission by the Member States. / 3. The toolbox shall be publicly available free of charge, included in the digital soil health data portal established in accordance with Article 6(6). The Commission shall actively update and take all appropriate measures to promote the content of the toolbox to land managers.

Removed:To implement Art.10, an up-to-date toolbox with information about the effects of the practices on various ecosystem services and soil threats, their context specific applicability (based on soil type, land use and climatic conditions) is proposed. The database should be supplemented with new information from research, such as from the Soil Mission EU and the EJP on Agricultural Soil Management projects. The data should be publicly available, so that farmers, land managers, private and public entities, and others can use those to improve soil health.

Removed:Article 11 – paragraph 1 – introductory part: Member States shall aim to reduce land take in order to achieve the objective of zero net land take by 2050 and ensure that the following principles are respected in case of land take:

Removed:Article 11 – paragraph 1 – point a – introductory part: (a) avoid the loss of the capacity of the soil to provide multiple ecosystem services, including food production, by:

Removed:Article 11 – paragraph 1 – point b a (new): (ba) put in place measures, including incentives to restore and reuse abandoned areas with sealed soils, to prevent or limit land take.

Removed:Article 12 – paragraph 4 – point a: (a) to participate in the establishment and concrete application of the risk-based approach as defined in this Article, the identification of potentially contaminated sites in accordance with Article 13, the investigation of potentially contaminated sites in accordance with Article 14 and the assessment and management of contaminated sites in accordance with Article 15;

Removed:Article 12 – paragraph 4 – point b: (b) to provide information relevant for the activities referred to in point (a);

Removed:The amendment copies changes to point a) in Article 12(4).

Removed:Article 13 – paragraph 2 – subparagraph 1 – point g a (new): (ga) occurrence of any disease that is presumed to be linked to exposure to contamination via the soil.

Removed:According to the WHO, numerous local studies have found increased risks for various adverse health outcomes linked to contaminated sites, including mortality, cancer, respiratory disease and congenital anomalies, among others. Therefore, this addition reflects that the occurrence of diseases in particular areas, may help the Member States with the identification of potentially contaminated sites.

Removed:Article 15 – paragraph 2: 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 opinion of health professionals and health authorities, the precautionary principle and current and future land use.

Removed:The addition of health professionals and authorities reflects their indispensable role in assessing what constitutes an unacceptable risk for human health and in ensuring protection. The WHO´s review of European redevelopment case studies found that health authorities were only involved in less than half of all remediation and redevelopment projects and health impact assessments were applied less often during redevelopment projects than environmental ones, leading to inadequate health protection (WHO Regional Office for Europe, 2021).

Removed:Article 15 – paragraph 5: 5. The risk reduction measures shall be based on 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 in the short and long term. Member States shall always aim at soil decontamination.

Removed:Decontamination should be considered as first, being the safest option in long term. Other options should be assessed only afterwards.

Removed:Article 15 – paragraph 6 a (new): 6a. For each contaminated site identified by the competent authority in accordance with Article 14 or by any other means, the competent authority shall identify the legal person responsible for the contamination. That legal person shall bear the cost of the implementation of the risk reduction measures, regardless of whether the contamination occurred in the framework of a legally valid permit.

Removed:The "polluter pays" principle, as enshrined in Article 191(2) of the Treaty on the Functioning of the European Union, should be observed. The principle implies that polluters should pay for the pollution they cause, creating an incentive to avoid damaging the environment at its source and holding polluters accountable.

Removed:Article 15 a (new): Article15a / Right to submit substantiated request for an action from competent authorities / 1. Any natural or legal person, individually or jointly,shall be entitled to submit to the competent authorities referred to in Article 5 at any time any evidence, such as human biomonitoring or environmental monitoring data, that indicates soil pollution. Member States shall take into consideration that evidence when implementing the provisions of this Chapter and in relation to the soil descriptors for soil contamination listed in Annex I. / 2. The competent authority concerned shall assess the information submitted in accordance with paragraph 1 and add the submitted evidence to all other available evidence. / 3. Where the assessment has shown a wide dispersive soil pollution or exposure to the substance or mixture concerned via soil, the competent authority shall initiate a risk management process to manage the risks. Where the assessment has shown a lack of information on the risk to health or the environment posed by a hazardous substance or mixture present in soil, the competent authority shall investigate further with a view to taking risk management measures in line with the precautionary principle, where necessary. / 4. The competent authority shall, within three months of receipt of the evidence, inform the natural or legal persons referred to in paragraph 1, of its opinion on the submitted evidence and concerns, and of any steps it plans to take to address those concerns,…

Removed:Data generated by health practitioners, scientists, citizens or other stakeholders has the potential to inform the process and improve knowledge gaps on potential contamination and its respective risks (in view of its reduction and management). Therefore, authorities of Member States shall consider evidence submitted to them such as human bio-monitoring or environmental monitoring data, in any time.

Removed:Article 16 – paragraph 4 – subparagraph 1: Member States shall make public and accessible free of charge, 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 Council79 are fulfilled.

Removed:Article 16 – paragraph 5: 5. The Commission shall by ... [OP : please insert date 1 year from entry into force of the Directive] 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.

Removed:Article 17 – paragraph 1 a (new): 1a. When implementing this Directive, Member States shall make use of financial resources from appropriate sources, including Union funds, to finance actions with a focuson soil protection, sustainable management and regeneration.

Removed:Article 17 – paragraph 1 b (new): 1b. The Commission shall monitor the capacity of Member States to absorb Union funds related to soil protection, sustainable management and regeneration. The Commission shall provide training and technical support to increase the absorption capacity of the Member States.

Removed:Article 17 – paragraph 1 c (new): 1c. By ... [OP : please insert date = 24 months from the entry into force of the Directive], the Commission shall assess any gap between funding needs and the available Union funding necessary for supporting Member States in the implementation of this Directive, paying specific attention to environmental monitoring needs, including LUCAS soil. / The Commission shall identify potential solutions to bridge this gap in the Union general budget, where appropriate through the establishment of a permanent dedicated budget line within the ceilings of the Multiannual Financial Framework.

Removed:Article 17 – paragraph 1 d (new): 1d. Member States and the Commission, in collaboration with the European Investment Bank, shall improve and facilitate the use of innovative financing mechanisms and promote the mobilisation of private capital for actions necessary to achieve the objectives of this Directive.

Removed:Article 17 – paragraph 1 e (new): 1e. Member States and the Commission shall observe the ‘do no significant harm’ principle within the meaning of Article 17 of Regulation (EU) 2020/852 for the implementation of this Directive.

Removed:Article 18 – paragraph 1 – subparagraph 1 – introductory part: Member States shall electronically report the following data and information to the Commission and to the EEA at least every 5 years:

Removed:Reporting of data should follow the monitoring frequency.

Removed:Article 18 – paragraph 1 – subparagraph 1 – point b: (b) the supporting data, metadata and a trend analysis of the descriptors listed in parts A, B, and C of Annex I, according to the selected Tier for soil monitoring design and for the land take and soil sealing indicators listed in part D of Annex I in accordance with Article 9, including the extended descriptors indicated by individual Member States;

Removed:Article 18 – paragraph 3 – point a: (a) an up-to-date list and spatial data of their soil districts referred to in Article 4 by … (OP: please insert the date = 12 months after date of entry into force of the Directive) and, where available, their respective soil district plans;

Removed:To allow for a better overview of the management actions across the EU to facilitate exchange of information on best practices and transparency of the regulatory actions.

Removed:Article 18 – paragraph 3 – point b: (b) an up-to-date list of the competent authorities referred to in Article 5 by … (OP: please insert the date = 12 months after date of entry into force of the Directive);

Removed:Article 18 – paragraph 3 – point c a (new): (ca) the measurements of the soil descriptors at the level of the sampling point.

Removed:Article 19 – paragraph 1: 1. Member States shall make public the data generated by the monitoring carried out under Article 8 and the assessments carried out under Article 9 and Article 10(3) of this Directive accessible to the public, in accordance with the provisions under Article 11 of Directive 2007/2/EC of the European Parliament and of the Council80 for geographically explicit data and Article 5 of Directive (EU) 2019/1024 for other data.

Removed:Inclusion of the assessment within Art. 10 on Sustainable soil management.

Removed:Article 19 – paragraph 4: 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. Any reason for refusal shall be stated and substantiated in writing.

Removed:Article 20 – paragraph 2: 2. The power to adopt delegated acts referred to in Articles 8, 10, and 15 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.

Removed:Article 16 does not require delegated acts.

Removed:Article 20 – paragraph 3: 3. The delegation of power referred to in Articles 8, 10, and 15 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Removed:Article 16 does not require delegated acts.

Removed:Article 20 – paragraph 6: 6. A delegated act adopted pursuant to Articles 8, 10, and 15 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Removed:Article 16 does not require delegated acts.

Removed:Article 22 – paragraph 2: 2. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting protection of human health or the environment and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient. / Having standing shall not be made conditional on the role the public may or may not have played during a participatory phase of the decision-making procedures under this Directive.

Removed:This addition aims at ensuring that rights of a member of the public are not limited in cases when it does not participate in the consultation procedures as it would equal to obstruction of access to justice that would not be in line with the Aarhus Convention.

Removed:Article 23 – paragraph 3 – point b a (new): (b a) previous infringements of this Directive by the natural or legal person;

Removed:Article 23 – paragraph 3 – point c: (c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health and the environment and the ‘polluter pays’ principle.

Removed:Article 23 – paragraph 4 a (new): 4 a. In addition, Member States shall, in accordance with their respective rules on penalties, require the submission of soil remediation plans, conduct checks of their feasibility and continuously monitor their implementation.

Removed:Effective solutions leading towards regeneration of soil should be implemented, in addition to financial penalties.

Removed:Article 24 – paragraph 1 – introductory part: 1. By (OP :please insert the date = 6 years after the date of entry into force of the Directive), the Commission shall carry out an evaluation of this Directive to assess the progress towards its objectives and the need to amend its provisions in order to set more specific requirements, including setting 2040 intermediate targets where appropriate, 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:

Removed:The Commission should consider setting interim target(s), which would help reaching the objectives of this Directive.

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

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

Removed:The rapporteur proposes to provide Member States with bigger flexibility and autonomy with regards to the implementation of Union´s soil monitoring framework. Therefore, it is important that the Commission evaluates the level of harmonisation within Annexes I and II, and specifically if Tier 1 is not applied.

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

Removed:Amendment reflects the changed approach in Annex I (Tiers 1, 2, 3), as proposed by the rapporteur.