What changed between the adopted text of 10 Apr 2024 and the adopted text of 23 Oct 2025

Removed:1. Member States shall systematically and actively identify all sites where a soil contamination is suspected based on evidence collected through all availableappropriate means, including citizens' input and set procedures (‘potentially contaminated sites’). [Am. 143]

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

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

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

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

Removed:(d) operation of an activity referred to in Annex III to Directive 2004/35/CE of the European Parliament and of the Council; [Am. 144]

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

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

Removed:(fa) any areas used for the abstraction of drinking water; [Am. 145]

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

Removed:(ga) occurrence of any disease that is presumed to be linked to exposure to contamination via the soil; [Am. 146]

Removed:(gb) any information provided by the public or Member State authorities. [Am. 147]

Removed: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.

Removed: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.

Removed:Article 14 Investigation of potentially contaminated sites

Removed:1. Member States shall ensure that all potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation according to order of priority. [Am. 148]

Removed:2. Member States shall lay down the rules concerning the deadline, content, form and the prioritisation of the soil investigations, taking into account environmental, social and economic aspects. 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. [Am. 149]

Removed:Potentially contaminated sites located in areas used for the abstraction of water for human consumption shall be prioritised for soil investigation. [Am. 150]

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

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

Removed:Article 15 Risk assessment and management of contaminated sites

Removed: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.

Removed:2. Member States shall define what constitutes an unacceptable risk for human and animal 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, local specificities, and current and future land use. [Am. 151]

Removed: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 and animal health or the environment. [Am. 152]

Removed:3a. Where appropriate, Member States may consider assessments which have been implemented in accordance with Directive 2010/75/EU, 2011/92/EU or 2012/18/EU as sufficient. [Am. 153]

Removed:4. On the basis of the outcome of the assessment referred to in paragraph 3, the responsible competent authority shall takeensure that the appropriate measures are taken to bring the risks to an acceptable level for human health and the environment (‘risk reduction measures’). [Am. 154]

Removed:5. The risk reduction measures may consist ofshall 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 for prevention and soil decontamination. [Am. 155]

Removed:Risk reduction measures affecting surrounding water bodies used for abstraction of water intended for human consumption shall comply with the acceptable risk standards set out in Directive (EU) 2020/2184. [Am. 156]

Removed:5a. The Commission is empowered to adopt delegated acts in accordance with Article 20 to supplement this Directive by establishing maximum tolerable values in relation to the definition of an unacceptable risk for health and the environment resulting from contaminated sites as referred to in paragraph 2. [Am. 157]

Removed: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.

Removed:Article 16 Register

Removed: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.

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

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

Removed:4. Member States shall make public, accessible in a user-friendly manner and 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 Council are fulfilled. [Am. 158]

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

Removed:5. The Commission shall by ... [OP : please insert date = 1 year from the entry into force of this 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. [Am. 159]

Removed:Chapter V Financing, information to the public and reporting by Member States

Removed:Article 17 Union and Member States' financing [Am. 160]

Removed:1. Given the priority inherently attached to the establishment of soil monitoring and sustainable management and regeneration of soils, by ... [OP: please insert date = 12 months from the entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council evaluating the financial resources available at Union level for the implementation of this Directive shall be supported by existing Union financial programmes in accordance with their applicable rules and conditions. [Am. 161]

Removed:The Commission shall assess any gap between the available Union funding and funding needs for supporting Member States in the implementation of this Directive, paying specific attention to environmental monitoring needs, including LUCAS soil. [Am. 162]

Removed:Additional financial resources shall be put in place for the post-2027 period in order to promote the sustainable management of soils, their permanent regeneration and monitoring activities. [Am. 163]

Removed:1a. When implementing this Directive, Member States shall make use of financial resources from appropriate sources, including Union, national, regional and local funds, to finance actions with a focus on soil protection, sustainable management and regeneration. [Am. 164]

Removed: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. [Am. 165]

Removed:1c. 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. [Am. 166]

Removed:1d. 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. [Am. 167]

Removed:Article 18 Reporting by Member States

Removed:1. Member States shall electronically report the following data and information to the Commission and to the EEA at least every 56 years: [Am. 168]

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

Removed:(b) the supporting data, metadata and a trend analysis of the soil health for 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; [Am. 169]

Removed:(c) a summary of the progress on:

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

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

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

Removed:The first reports shall be submitted by … (OP: please insert date = 56 years and 6 months after entry into force of the Directive). [Am. 171]

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

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

Removed:(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 312 months after date of entry into force of the Directive) and, where available, their respective soil district plans; [Am. 172]

Removed:(b) an up-to-date list of the competent authorities referred to in Article 5 by … (OP: please insert the date = 2 years and 312 months after date of entry into force of the Directive); [Am. 173]

Removed:(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);