EUROPEAN COMMISSION
Brussels, 5.7.2023
COM(2023) 416 final
ANNEXES
to the proposal for a Directive of the European Parliament and of the Council
on Soil Monitoring and Resilience (Soil Monitoring Law)
EMPTY
{SEC(2023) 416 final} - {SWD(2023) 416 final} - {SWD(2023) 417 final} - {SWD(2023) 418 final} - {SWD(2023) 423 final}
ANNEX I
SOIL DESCRIPTORS,CRITERIA FOR HEALTHY SOIL CONDITION, AND LAND TAKE AND SOIL SEALING INDICATORS
For the purposes of this Annex, the following definitions shall apply
(1)‘reverse land take’ means the conversion of artificial land into natural or semi-natural land;
(2)‘net land take’ means the result of land take minus reverse land take.
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Aspect of soil degradation |
Soil descriptor |
Criteria for healthy soil condition |
Land areas that shall be excluded from achieving the related criterion |
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Part A: soil descriptors with criteria for healthy soil condition established at Union level |
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Salinization |
Electrical Conductivity (deci-Siemens per meter) |
< 4 dS m−1 when using saturated soil paste extract (eEC) measurement method, or equivalent criterion if using another measurement method |
Naturally saline land areas; Land areas directly affected by sea level rise |
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Soil erosion |
Soil erosion rate (tonnes per hectare per year) |
≤ 2 t ha-1 y-1 |
Badlands and other unmanaged natural land areas, except if they represent a significant disaster risk |
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Loss of soil organic carbon |
Soil Organic Carbon (SOC) concentration (g per kg) |
- For organic soils: respect targets set for such soils at national level in accordance with Article 4.1, 4.2, 9.4 of Regulation (EU) …/… 1+ |
No exclusion |
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- For mineral soils: SOC/Clay ratio > 1/13; Member States may apply a corrective factor where specific soil types or climatic conditions justify it, taking into account the actual SOC content in permanent grasslands. |
Non- managed soils in natural land areas |
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Subsoil compaction |
Bulk density in subsoil (upper part of B or E horizon 2 ); Member States may replace this descriptor with an equivalent parameter (g per cm3) |
In case a Member State replaces the soil descriptor “bulk density in subsoil” with an equivalent parameter, it shall adopt a criterion for healthy soil condition for the chosen soil descriptor that is equivalent to the criterion set for “bulk density in subsoil”. |
Non-managed soils in natural land areas |
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Part B: soil descriptors with criteria for healthy soil condition established at Member States level |
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Excess nutrient content in soil |
Extractable phosphorus (mg per kg) |
< “maximum value”; The “maximum value” shall be laid down by the Member State within the range 30-50 mg kg-1 |
No exclusion |
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Soil contamination |
- concentration of heavy metals in soil: As, Sb, Cd, Co, Cr (total), Cr (VI), Cu, Hg, Pb, Ni, Tl, V, Zn (µg per kg)
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Reasonable assurance, obtained from soil point sampling, identification and investigation of contaminated sites and any other relevant information, that no unacceptable risk for human health and the environment from soil contamination exists. Habitats with naturally high concentration of heavy metals that are included in Annex I of Council Directive 92/43/EEC 4 shall remain protected. |
No exclusion |
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Reduction of soil capacity to retain water |
Soil water holding capacity of the soil sample (% of volume of water / volume of saturated soil) |
The estimated value for the total water holding capacity of a soil district by river basin or subbasin is above the minimal threshold. The minimal threshold shall be set (in tonnes) by the Member State at soil district and river basin or subbasin level at such a value that the impacts of floodings following intense rain events or of periods of low soil moisture due to drought events are mitigated. |
No exclusion |
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Part C: soil descriptors without criteria |
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Aspect of soil degradation |
Soil descriptor |
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Excess nutrient content in soil |
Nitrogen in soil (mg g-1) |
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Acidification |
Soil acidity (pH) |
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Topsoil compaction |
Bulk density in topsoil (A-horizon 5 ) (g cm-3) |
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Loss of soil biodiversity |
Soil basal respiration ((mm3 O2 g-1 hr-1) in dry soil
Member States may also select other optional soil descriptors for biodiversity such as:
- invasive alien species and plant pests |
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Part D: land take and soil sealing indicators |
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Aspect of soil degradation |
Land take and soil sealing indicators |
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Land take and soil sealing |
Total artificial land (km² and % of Member State surface) Land take, Reverse land take Net land take (average per year–- in km² and % of Member State surface) Soil sealing (total km² and % of Member State surface) Member States may also measure other related optional indicators such as: - land fragmentation - land recycling rate - land taken for commercial activities, logistic hubs, renewable energies, surfaces such as airports, roads, mines - consequences of land take such as quantification of loss of ecosystem services, change in floods intensity |
ANNEX II
METHODOLOGIES
Part A: Methodology for determining sampling points
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Activity |
Minimum criteria for methodology |
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Determination of soil sampling points (sample survey) |
The sample survey shall be designed from a complete sample frame containing the best available information on the soil properties distribution, including but not limited to information resulting from previous national measurements and measurements under the LUCAS programme. The sampling scheme shall be a stratified random sampling optimized on the soil health descriptors. The size of the national sample shall meet the requirement of a maximum percent error (or Coefficient of Variation) of 5% for the estimation of the area having healthy soils. The Commission sample for the survey set under Art 6(4) may contribute to a maximum of 20 % of the size of national samples. The allocation and size of the sample shall be determined by applying the Bethel algorithm (Bethel, 1989) 6 accounting for the required maximum estimation error. |
Part B: Methodology for determining or estimating the values of soil descriptors
When a reference methodology is set, either the reference methodology is used or another methodology, provided that it is available in the scientific literature or publicly available and a validated transfer function is available.
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Soil descriptor |
Reference methodology |
Minimum methodological criteria |
Validated transfer function required (if using a methodology different from the reference methodology 7 )? |
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Soil texture (clay, silt and sand content – needed for the determination of other descriptors and related ranges) |
Preferred method: ISO 11277:1998 Determination of particle size distribution in mineral soil material – Method by sieving and sedimentation Alternative method: ISO13320:2009 Particle size analysis – Laser diffraction methods |
YES |
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Electrical Conductivity |
Option 1: saturated soil paste extract (eEC) measurement method (FAO SOP: GLOSOLAN-SOP-08 8 ) Option 2: ISO 11265:1994 Determination of The Specific Electrical Conductivity; |
YES |
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Soil erosion rate |
Soil erosion rate estimation shall take into account all actions taken to mitigate or compensate the erosion risk, including post-fire mitigation measures. Soil erosion rate estimation shall include all relevant erosion processes such as erosion by water, wind, harvest and tillage. Soil erosion by water shall be assessed by considering the following factors: -soil characteristics (e.g. erodibility, soil crusting, soil roughness), -climate (e.g. rainfall erosivity – intensity and duration, considering relevant climate change projections for a given area), -topography (e.g. slope steepness and length), -vegetation cover, crop type, land use and management practices to control or reduce erosion, -management practices (e.g. cover crops, reduced tillage, mulching, etc.), -burned areas. Soil erosion by wind shall be assessed by considering the following factors: -soil characteristics (e.g. erodibility), -climate (e.g. soil moisture, wind speed, evaporation), -vegetation (e.g. crop type), -management practices to control or reduce erosion (e.g. wind breaks). |
N/A |
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Soil Organic Carbon (SOC) |
ISO 10694:1995 Determination of organic and total carbon after dry combustion |
YES |
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Bulk density in subsoil (B horizon 9 ) or equivalent 10 parameter chosen by Member States |
ISO 11272:2017 for determination of dry bulk density In case an equivalent parameter is chosen, the methodology shall be either a European or International standard when available; if such standard is not available, the methodology chosen shall either be available in the scientific literature or publicly available. |
YES |
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Extractable phosphorus |
ISO 11263:1994 for spectrometric determination of phosphorus soluble in sodium hydrogen carbonate solution (P-Olsen) |
YES |
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- Concentration of heavy metals in soil: As, Sb, Cd, Co, Cr (total), Cr (VI), Cu, Hg, Pb, Ni, Tl, V, Zn
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Potential environmental available content of heavy metals in soils based on ISO 17586:2016 using dilute nitric acid.
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Use European or International standards when available; if such standard is not available, the methodology chosen shall either be available in the scientific literature or publicly available |
YES N/A |
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Soil water holding capacity |
Methodology to determine the value for one sample point: Option 1: LABORATORY: ISO 11274:2019 for determination of the water-retention characteristic. Option 2: ESTIMATION: apply methodology described in the scientific article “New generation of hydraulic pedotransfer functions for Europe” 11 based on texture (or particle size distribution) and soil organic carbon. |
Minimum criteria for estimating the total soil water holding capacity of a soil district on a river basin or sub-basin scale: -for the area of land not taken estimate the total value of soil water holding capacity -for the area of land taken, consider setting the water holding capacity of impervious areas to zero, attributing proportionately intermediate values to semi-impervious and other artificial areas. |
YES (for point value) |
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Nitrogen in soil |
ISO 11261:1995 for determination of total soil nitrogen using a modified Kjeldahl method |
YES |
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Soil acidity |
ISO 10390:2005 for determination of pH in H2O and CaCl2 extract (pH-H2O and pH-CaCl2) |
YES |
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Bulk density in “topsoil” (A-horizon 12 ) |
ISO 11272:2017 for determination of dry bulk density |
YES |
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Soil basal respiration
Member States may also select optional soil biodiversity descriptors such as:
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Follow indications described in the scientific article “Microbial biomass and activities in soil as affected by frozen and cold storage” 14 |
Use European or international standards when available; if such standard is not available, the methodology chosen shall either be available in the scientific literature or publicly available. |
YES For other soil biodiversity descriptors: N/A |
Part C: minimum methodological criteria for determining the values of land take and soil sealing indicators
- For land take, reverse land take and net land take, the methodologies used should comply with the definitions set in Article 3 and Annex I.
- Soil sealing shall be expressed as a percentage of sealed area per total area.
- The methodologies chosen shall either be available in the scientific literature or publicly available.
ANNEX III
SUSTAINABLE SOIL MANAGEMENT PRINCIPLES
The following principles shall apply:
(a)avoid leaving soil bare by establishing and maintaining vegetative soil cover, especially during environmentally sensitive periods;
(b)minimise physical soil disturbance;
(c)avoid inputs or release of substances into soil that may harm human health or the environment, or degrade soil health;
(d)ensure that machinery use is adapted to the strength of the soil, and that the number and frequency of operations on soils are limited so that they do not compromise soil health;
(e)when fertilization is applied, ensure adaptation to the needs of the plant and trees at the given location and in the given period, and to the condition of soil and prioritize circular solutions that enrich the organic content;
(f)in case of irrigation, maximise efficiency of irrigation systems and irrigation management and ensure that when recycled wastewater is used, the water quality meets the requirements set out in Annex I of Regulation (EU) 2020/741 of the European Parliament and of the Council 15 and when water from other sources is used, it does not degrade soil health;
(g)ensure soil protection by the creation and maintenance of adequate landscape features at the landscape level; 16
(h)use site-adapted species in the cultivation of crops, plants or trees where this can prevent soil degradation or contribute to improving soil health, also taking into consideration the adaptation to climate change;
(i)ensure optimised water levels in organic soils so that the structure and composition of such soils are not negatively affected; 17
(j)in the case of crop cultivation, ensure crop rotation and crop diversity, taking into consideration different crop families, root systems, water and nutrient needs, and integrated pest management;
(k)adapt livestock movement and grazing time, taking into consideration animal types and stocking density, so that soil health is not compromised and the soil's capacity to provide forage is not reduced;
(l)in case of known disproportionate loss of one or several functions that substantially reduce the soils capacity to provide ecosystem services, apply targeted measures to regenerate those soil functions.
ANNEX IV
PROGRAMMES, PLANS, TARGETS AND MEASURES REFERRED TO IN ARTICLE 10
(1)The national restoration plans prepared in accordance with Regulation …/… 18 +.
(2)The strategic plans to be drawn up by Member States under the Common Agricultural Policy in accordance with Regulation (EU) 2021/2115.
(3)The Code of Good Agricultural Practice and the action programmes for designated vulnerable zones adopted in accordance with Directive 91/676/EEC.
(4)The conservation measures and prioritized action framework established for Natura 2000 sites in accordance with Directive 92/43/EEC.
(5)The measures for achieving good ecological and chemical status of surface water bodies and good chemical and quantitative status of groundwater bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC.
(6)The flood risk management measures included in the flood risk management plans prepared in accordance with Directive 2007/60/EC.
(7)The drought management plans referred to in the Union Strategy on Adaptation to Climate Change.
(8)The national action programmes established in accordance with the United Nations Convention to Combat Desertification.
(9)The targets set out under Regulation (EU) 2018/841.
(10)The targets set out under Regulation (EU) 2018/842.
(11)The national air pollution control programmes prepared under Directive (EU) 2016/2284 and the monitoring data about air pollution impacts on ecosystems reported under that Directive.
(12)The integrated national energy and climate plan established in accordance with Regulation (EU) 2018/1999.
(13)The risk assessments and disaster risk management planning in accordance with Decision No 1313/2013/EU.
(14)The national actions plans adopted in accordance with Article 8 of Regulation …/… 19 +.
ANNEX V
INDICATIVE LIST OF RISK REDUCTION MEASURES
(1)Remediation techniques for in- or ex-situ remediation:
(a)Physical remediation techniques:
(a)Vapor extraction, air sparging;
(b)Heat treatment, steam injection, thermal desorption, vitrification;
(c)Soil washing and flushing;
(d)Electrokinetic extraction;
(e)Liquid layer removal;
(f)Dig and dump.
(b)Biological remediation techniques:
(a)Stimulation of aerobic or anaerobic degradation: bioremediation, biostimulation, bioaugmentation, bioventing, biosparging;
(b)Phytoextraction, phytovolatilization, phytodegradation;
(c)Composting, soil amendments, landfarming, and bioreactor systems;
(d)Biofiltration, biotreatment wetlands, and biobeds;
(e)Natural attenuation.
(c)Chemical remediation techniques:
(a)Chemical oxidation;
(b)Chemical reduction and reduction-oxidation (redox) reactions;
(c)Pump and treat of groundwater.
(d)Remediation techniques for isolation, containment and monitoring:
(a)Surface capping, reactive barriers, encapsulation;
(b)Chemical stabilization, solidification and immobilization;
(c)Geo-hydrological isolation and containment;
(d)Phyto-stabilisation;
(e)Control and aftercare through monitoring wells.
(2)Risk reduction measures other than remediation:
(a)Restriction on the cultivation and consumption of crops and vegetables;
(b)Restriction on the consumption of eggs;
(c)Restriction on the access of pets or husbandry;
(d)Restriction on the extraction or use of groundwater for drinking, personal hygiene or industrial purposes;
(e)Restriction on the demolition, de-sealing, or construction on the site;
(f)Restriction on the access on or in the neighbourhood of the site (e.g. through fencing);
(g)Restriction on land use or land use changes;
(h)Restriction on digging, drilling or excavation;
(i)Restriction to avoid contact with soil, dust or indoor air and apply precautions to protect human health (e.g. respirators, gloves, wet cleaning, etc.).
(3)Best available techniques referred to in Directive 2010/75/EU.
(4)Measures taken by competent authorities and industrial operators following a major accident, in accordance with Directive 2012/18/EU.
ANNEX VI
PHASES AND REQUIREMENTS FOR SITE-SPECIFIC RISK ASSESSMENT
1. Characterization of the contamination requires identifying the contaminants present at the site and determining their source, concentration, chemical form, and distribution in the soil and groundwater. The presence and concentration of contaminants is determined through soil sampling and investigation.
2. Exposure assessment identifies the path by which soil contaminants may reach receptors. Exposure pathways may include inhalation, ingestion, dermal contact, plant uptake, migration to groundwater or others. This information is combined with the frequency and duration of exposure and receptor characteristics such as age, gender, and health status to estimate the contaminant uptake. The source-pathway-receptor linkages are summarized in a graphic, schematic and simplified representation: the conceptual site model.
3. Toxicity or hazard assessment involves the evaluation of the potential health and environmental effects of the contaminants, based on the dose and duration of exposure. The toxicology or hazard assessment takes into account the inherent toxicity of the contaminants and the susceptibility of different populations, such as animals, micro-organisms, plants, children, pregnant women, elderly, etc. The toxicological information is used to estimate reference doses or concentrations, which are used for the risk characterization.
4. Risk characterization requires integrating the information from the previous steps to estimate the magnitude and probability of adverse effects of the contaminated site for human health and the environment, including from migration of the contamination to other environmental media. The risk characterization helps to prioritize the need for risk reduction and remediation measures. It can also help to define remediation or management objectives for a site, e.g. to achieve maximum acceptable limits or site-specific risk-based screening values.
ANNEX VII
CONTENT OF REGISTER OF POTENTIALLY CONTAMINATED SITES AND CONTAMINATED SITES
The design and presentation of the data in the register shall enable the public to track progress in the management of potentially contaminated sites and contaminated sites. The register shall contain and present the following information at site level for the known potentially contaminated sites, contaminated sites, contaminated sites requiring further action, and contaminated sites where action was taken or is being taken:
(a)coordinates, address or cadastral parcel(s) of the site in accordance with Directives (EU) 2019/1024 and 2007/2/EC;
(b)year of inclusion in the register;
(c)contaminating or potentially contaminating risk activities that have taken or are taking place on the site;
(d)management status of the site;
(e)conclusion on the presence or absence, concentration, type and risk of the contamination (or residual contamination after remediation) where information on those elements is already available from the soil investigations and risk assessment referred to in Articles 14 and 15;
(f)next actions and management steps required and referred to in Articles 14 and 15, including their timeline.
The register may also contain the following information at site level for the known potentially contaminated sites, contaminated sites, contaminated sites requiring further action, and contaminated sites where action was taken or is being taken, where available:
(a)information on environmental permits issued for the site, including the start and end year of the activity;
(b)current and planned land use;
(c)results of soil investigation and remediation reports such as concentrations and contours of the contamination, conceptual site model, risk assessment methodology, techniques used or planned, effectiveness and cost estimates of risk reduction measures.