Directive (EU) 2025/2360 of the European Parliament and of the Council of 12 November 2025 on soil monitoring and resilience (Soil Monitoring Law)

• CELEX: Directive (EU) 2025/2360
• Articles: 34

Article 1 Objectives and subject matter

1.   The objectives of this Directive are to establish a solid and coherent soil monitoring framework for all soils across the Union, to reduce soil contamination to levels no longer considered harmful to human health and the environment, to continuously improve soil health in the Union, to maintain soils in a healthy condition and to prevent and address all aspects of soil degradation, with a view to achieving healthy soils by 2050 so that they can provide multiple ecosystem services on a scale sufficient to meet environmental, societal and economic needs, prevent and mitigate the impacts of climate change and biodiversity loss, and increase resilience against natural disasters and in terms of food security.

2.   This Directive lays down a framework for and measures on:

(a)

monitoring and assessment of soil health;

(b)

soil resilience; and

(c)

management of contaminated sites.

Article 2 Scope

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

Article 3 Definitions

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

(1)

‘soil’ means the top layer of the Earth’s crust, situated between the bedrock or the parent material and the land surface, and 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 the direct or indirect contributions of ecosystems to the environmental, economic, social, cultural and other benefits that people derive from those ecosystems;

(4)

‘soil biodiversity’ means the variation in soil life, from genes to communities of organisms, and the ecological complexes of which they are part, that is complexes ranging from soil micro-habitats to landscapes;

(5)

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

(6)

‘soil resilience’ means the ability of soil to preserve its functions and maintain its capacity to provide ecosystem services, and to withstand and recover from disturbances;

(7)

‘soil management practices’ means practices that impact the physical, chemical or biological properties of soil;

(8)

‘soil district’ means a part of the territory of a Member State, which has been delineated by that Member State in accordance with this Directive;

(9)

‘soil unit’ means a spatially discrete area within a soil district resulting from the intersection of sets of spatial data used as factors for statistical homogeneity within that soil district;

(10)

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

(11)

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

(12)

‘soil contamination’ means the presence of a substance in soil at a level that may be, directly or indirectly, harmful to human health or the environment;

(13)

‘contaminant’ means a substance liable to cause soil contamination or contamination of bedrock or parent material;

(14)

‘potentially contaminated site’ means a delineated area where soil contamination or contamination of bedrock or parent material caused by anthropogenic point-source activities is suspected based on relevant evidence;

(15)

‘contaminated site’ means a delineated area with confirmed soil contamination or contamination of bedrock or parent material caused by anthropogenic point-source activities;

(16)

‘land’ means the surface of the Earth that is not regularly covered by water bodies;

(17)

‘land cover’ means the physical and biological cover of the surface of the Earth;

(18)

‘soil sealing’ means the covering of soil with completely or partially impermeable material;

(19)

‘sealed soil’ means an area of soil that underwent soil sealing;

(20)

‘soil removal’ means the temporary or long-term total or partial removal of soil in an area;

(21)

‘de-sealing’ means the conversion of sealed soil into soil that is not sealed soil;

(22)

‘transfer function’ means a mathematical rule that enables the value of a measurement performed using a methodology different from a reference methodology to be converted into the value that would be obtained by performing the soil measurement using the reference methodology;

(23)

‘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 landowners, land managers 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;

(24)

‘soil regeneration’ means an intentional activity aimed at changing the condition of soil from degraded to healthy;

(25)

‘risk’ means the likelihood of harmful effects to human health or the environment resulting from exposure to soil contamination or to contamination of bedrock or parent material;

(26)

‘soil investigation’ means a process that can be performed in multiple and iterative phases to assess the presence and levels of contaminants in soil, bedrock or parent material and, if relevant, to characterise and determine the extent of a contaminated site;

(27)

‘soil remediation’ means a set of actions that reduce, isolate or immobilise contaminants in soil, bedrock or parent material;

(28)

‘risk reduction measures’ mean measures that aim to reduce the risks that contaminated sites pose to human health and the environment, either by means of soil remediation or modification of the source-pathway-receptor linkage without changing the characteristics of the contamination itself.

Article 4 Soil districts and soil units

1.   Member States shall establish, for administrative purposes, one or more soil districts which shall cover their entire territory and be under the responsibility of one or more competent authorities as designated pursuant to Article 5.

2.   Member States shall establish soil units which together cover their entire territory, for the purposes of designing monitoring and of reporting with regard to soil health within a given margin of error within the soil unit concerned, taking into account:

(a)

the geographical extent of soil districts as established pursuant to paragraph 1;

(b)

the soil type as defined in the map of the soil regions of the European Union and Adjacent Countries 1:5 000 000, published by the Federal Institute of Geosciences and Natural Resources (BGR), in partnership with the Joint Research Centre (JRC);

(c)

the land use categories, excluding water bodies, as referred to in Regulation (EU) 2018/841.

3.   For the purposes of establishing their soil units, Member States may use, where available at the Union, national or subnational level, updates of data referred to in paragraph 2 or more detailed data equivalent to those data.

Member States may take into account additional spatial data to establish their soil units, such as data concerning the climate, environmental zones as described in the relevant scientific studies or reports, or river basins.

Article 5 Competent authorities

Member States shall designate the competent authorities responsible at an appropriate level for carrying out the obligations provided for in this Directive.

Article 6 Monitoring framework for soil health and for soil sealing and soil removal

1.   Member States shall establish a monitoring framework (‘soil monitoring framework’) at a level which is appropriate to the soil descriptors and soil sealing and soil removal indicators to ensure that regular, coherent and accurate monitoring of soil health and of soil sealing and soil removal is carried out in accordance with this Article and with Annexes I and II.

The soil monitoring framework shall build on existing monitoring frameworks at national level and Union level including, where appropriate, data from the land use/cover area frame statistical survey (LUCAS).

If necessary, Member States may adapt their soil monitoring framework for their outermost regions in order to take into account the specific characteristics of those regions.

2.   Member States shall monitor soil health in each soil unit and soil sealing and soil removal in each soil district.

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

(a)

the soil descriptors and criteria for healthy soil condition referred to in Article 7;

(b)

the sampling points to be determined in accordance with Article 9(1);

(c)

the soil measurements to be carried out by Member States and, if applicable, by the Commission in accordance with Article 9(3) and (4);

(d)

scientifically robust remote-sensing data and products as referred to in paragraph 4 of this Article, if any;

(e)

the soil sealing and soil removal indicators referred to in Article 7(1), second subparagraph.

4.   The Commission and the European Environment Agency (EEA) shall leverage existing space-based data and products delivered under the Copernicus component of the Union Space Programme, established by Regulation (EU) 2021/696, to explore possibilities with regard to, and develop, in cooperation with Member States, soil remote-sensing products, to provide the Member States with the necessary data on soil sealing and soil removal indicators and to support the Member States in monitoring the relevant soil descriptors.

5.   By 17 December 2027, the Commission and the EEA shall, on the basis of existing data, establish a digital soil health data portal (the ‘digital soil health data portal’) to provide access in a georeferenced spatial format to at least the available soil health data, aggregated at the soil unit level or at a more detailed level, resulting from:

(a)

the soil measurements referred to in Article 9(3) and (4);

(b)

the relevant soil remote-sensing data and products referred to in paragraph 4 of this Article.

The processing and accessing of soil health data referred to in the first subparagraph shall be performed in accordance with relevant Union law.

6.   The Commission and the EEA shall ensure that the Member States are given, in a timely and effective manner, the opportunity to review soil health data and to request the correction of any errors, before such data are made public through the digital soil health data portal. The Commission and the EEA shall ensure that such opportunity is also given in relation to any other report to be published in the digital soil health data portal and based on the soil monitoring framework.

7.   The digital soil health data portal may provide access to soil health-related data other than the data referred to in paragraph 5 if those soil health-related data were shared or collected in accordance with the formats or methods established by the Commission pursuant to paragraph 9.

8.   The digital soil health data portal shall not provide access to data and information the disclosure of which would adversely affect public security or national defence.

9.   The Commission shall adopt implementing acts to establish formats or methods for sharing or collecting the data referred to in this Article 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 22(2).

Article 7 Soil descriptors, criteria for healthy soil condition, and soil sealing and soil removal indicators

1.   When monitoring and assessing soil health, Member States shall apply the soil descriptors listed in Annex I, Parts A, B and C.

When monitoring soil sealing and soil removal, Member States shall apply the soil sealing and soil removal indicators listed in Annex I, Part D.

2.   When assessing soil health, Member States shall use criteria for healthy soil condition consisting of:

(a)

non-binding sustainable target values listed in Annex I, Parts A and B; and

(b)

operational trigger values set in accordance with paragraph 6.

3.   Member States shall set a list of organic contaminants for the soil descriptor related to soil contamination referred to in Annex I, Part B. For that purpose, Member States may take into account the indicative list of soil contaminants referred to in Article 8.

4.   Member States shall set a list of contaminants for the soil descriptors related to soil contamination referred to in Annex I, Part C, including pesticides, their metabolites and per- and polyfluoroalkyl substances (PFAS), representing the highest risk to human health and the environment, taking into account the indicative list of soil contaminants referred to in Article 8 as well as relevant information on the following, if available:

(a)

the toxicity of the soil contaminant;

(b)

the persistence and mobility of the soil contaminant;

(c)

possible sources and occurrence of the soil contaminant;

(d)

quantitative data regarding the production, use, consumption or sales volumes of the substances involved in the Member States concerned;

(e)

human biomonitoring data from research projects, and the presence of contaminants in environmental media.

5.   Member States shall set the non-binding sustainable target values for the soil descriptors listed in Annex I, Part B, in accordance with the provisions set out in Annex I, Part B, third column.

6.   Member States shall set one or more operational trigger values for each soil descriptor listed in Annex I, Parts A and B, reflecting soil degradation levels on the basis of which support for soil health and soil resilience in accordance with Article 11 is needed.

Member States may set the operational trigger value for one or more soil descriptors at the same level as the non-binding sustainable target value for those soil descriptors.

7.   Member States may set soil descriptors and soil sealing and soil removal indicators in addition to those that are listed in Annex I.

8.   Member States shall inform the Commission when they set or adapt soil descriptors, soil sealing and soil removal indicators or criteria for healthy soil condition in accordance with paragraphs 2 to 8.

Article 8 Indicative list of soil contaminants

1.   The Commission shall, in cooperation with the Member States, establish an indicative list containing both soil contaminants with potential significant risks to soil health and soil resilience, human health or the environment and soil contaminants for which data are needed to address the impact of such potential significant risks.

2.   The soil contaminants, including pesticides, their metabolites and PFAS, to be included in the indicative list referred to in paragraph 1, shall be selected on the basis of their potential to cause a significant risk to soil health and soil resilience, human health or the environment, of their toxicity and of the exposure to them across the Union.

3.   By 17 June 2027, the Commission shall establish, in cooperation with Member States, the indicative list of soil contaminants referred to in paragraph 1 and shall update it, where necessary, based on the results of the monitoring and assessment of soil health carried out pursuant to this Chapter and in light of scientific and technical progress.

Article 9 Measurements and methodologies

1.   Member States shall determine the number and location of sampling points by applying the methodology set out in Annex II, Part A.

For the purpose of the first subparagraph, the Commission shall provide Member States with relevant maps of soil descriptors, the initial sampling points and the relevant data linked to sampling points collected under previous LUCAS soil surveys.

2.   After determining the number and location of the sampling points and prior to performing the sampling survey, Member States shall notify the Commission of any potential need for support in terms of field sampling and soil analysis as well as any other needs related to the sampling survey.

The Commission shall assess the needs for, and set the appropriate level of, support in coordination with the Member States concerned.

In the event that the Commission provides support under this paragraph, the Member State concerned shall adapt the sampling survey accordingly. The Member State concerned and the Commission shall set out in a written agreement the practical arrangements for such support.

In the event that the Commission provides support for field sampling, the Member State concerned shall ensure that the Commission is able to carry out in situ soil sampling.

3.   Member States and, in the event that the Commission provides support under paragraph 2 in accordance with the written agreement referred to in the third subparagraph of that paragraph, the Commission shall carry out soil measurements by taking soil samples at the sampling points referred to in paragraph 1 and collect, process and analyse data as relevant in order to determine the following:

(a)

the values of the soil descriptors listed in Annex I;

(b)

where relevant, the values of the additional soil descriptors referred to in Article 7(7).

Member States shall be exempt from taking soil samples from sealed soil and areas that underwent soil removal.

Member States may exclude the areas not at risk of salinisation from the measurement of electrical conductivity referred to in Annex I, Part A, and shall inform the Commission thereof, providing an explanation.

The in situ soil sampling shall be carried out in accordance with the minimum criteria for the methodology for field sampling surveys set out in Annex II, Part A, point 2.

For the soil contamination descriptors listed in Annex I, Part C, Member States may limit the sampling points to a relevant subset of the total number of sampling points determined in accordance with paragraph 1, first subparagraph, of this Article.

For the descriptor on loss of soil biodiversity listed in Annex I, Part C, Member States shall carry out measurements on at least 5 % of the total number of sampling points determined in accordance with paragraph 1, first subparagraph, of this Article.

4.   Provided that the data were collected in the same monitoring cycle during which the sampling survey was performed and according to the methodologies referred to in Annex II, Part A, point 2, and Part B, the soil measurements to be carried out by Member States pursuant to paragraph 3 of this Article may consist of, where relevant, the measurements made by:

(a)

Member States in accordance with existing national or subnational soil monitoring networks and soil surveys;

(b)

Member States in accordance with Union and international law;

(c)

private actors, research organisations and other parties, where available.

For the performance of the first soil measurements as referred to in paragraph 8, the cycle for the collection of the data referred to in the first subparagraph of this paragraph shall, to the extent that those data are available, start on 16 December 2024.

5.   Member States shall collect, process and analyse data in order to determine the values of the soil sealing and soil removal indicators listed in Annex I, Part D.

6.   Member States shall apply the following:

(a)

the methodologies for determining or estimating the values of the soil descriptors set out in Annex II, Part B;

(b)

the minimum methodological criteria for determining the values of the soil sealing and soil removal indicators set out in Annex II, Part C;

(c)

any requirements laid down by the Commission in accordance with paragraph 13 of this Article.

Member States may apply methodologies other than those listed in the first subparagraph, points (a) and (b), of this paragraph, provided that validated transfer functions are available, as required in Annex II, part B, fourth column.

7.   Member States shall ensure that laboratories, or parties contracted by laboratories, performing the soil measurements to be carried out by Member States pursuant to paragraph 3 apply quality management system practices in accordance with EN ISO/IEC-17025 or with other equivalent standards accepted at Union or international level, and have access to suitably qualified staff with adequate training and to the infrastructure, equipment and products necessary for carrying out soil measurements.

When assessing compliance with quality management system practices, Member States may deem it sufficient to have one accreditation for any of the methodologies for determining the values of soil descriptors set out in Annex II, Part B.

Member States shall ensure that laboratories, or parties contracted by laboratories, performing the soil measurements to be carried out by Member States pursuant to paragraph 3 demonstrate their competences in relation to analysis of relevant measurands by:

(a)

participating in proficiency testing programmes covering the methods of analysis at levels of concentration that are representative of soil monitoring programmes, if available;

(b)

analysing reference materials that are representative of collected soil samples that contain appropriate levels of concentration, if available.

Where the Commission carries out soil measurements in accordance with paragraphs 3 and 4, this paragraph shall apply to the Commission.

8.   Member States and, in the event that the Commission provides support under paragraph 2, the Commission shall ensure that the first soil measurements are performed by 17 December 2030.

9.   Member States shall ensure that new soil measurements are performed every six years within one sampling campaign or as part of a continuous sampling scheme during the relevant six-year period.

10.   By way of derogation from paragraph 9 of this Article, Member States may decide, before the second and subsequent sampling campaigns, not to carry out new soil measurements for a soil descriptor in part or in all of their territory if it is reasonable and justified to expect, based on data previously collected pursuant to this Article and Articles 6, 7 and 8, and on the use of scientific evidence, including predictive soil models, supported by a statistically significant amount of field data in terms of geographical and temporal coverage, that the value of such soil descriptor has not evolved significantly with respect to the uncertainty of the measurement since the last monitoring cycle. Member States shall notify the Commission of any such decision without undue delay.

The derogation laid down in the first subparagraph shall not apply as regards the carrying out of soil measurements for the same descriptor over two consecutive sampling campaigns.

11.   For each monitoring cycle, Member States shall store for at least two monitoring cycles a representative subset of soil samples, in dedicated soil archives. Member States may decide not to store soil samples from their outermost regions.

Where Member States store soil samples in their dedicated soil archives, they shall determine the conditions for access to and use of such soil samples.

Where Member States decide to transfer a representative subset of their soil samples to the Commission’s dedicated soil archive, the Commission shall provide for that transfer. The Member States and the Commission shall establish the practical arrangements regarding the shipment of those soil samples and the conditions for their access and use. The Commission shall transmit to the Member States any results coming from further checks of relevant parameters or future analysis of new emerging parameters. The Commission shall store the soil samples in accordance with its archiving protocol.

12.   Member States shall ensure that the values of the soil sealing and soil removal indicators are updated at least every three years, based on available information.

13.   The Commission is empowered to adopt delegated acts in accordance with Article 21 to amend Annex II, Part B, in order to adapt to scientific and technical progress the reference methodologies referred to therein, in particular where values of soil descriptors can be determined by soil remote-sensing products referred to in Article 6(4).

Article 10 Soil health assessment

1.   Member States shall assess the soil health in all their soil districts and associated soil units based on the data collected in the context of the soil monitoring referred to in Articles 6 to 9 for each of the soil descriptors listed in Annex I, Parts A and B.

Member States shall ensure that soil health assessments are carried out every six years and that the first soil health assessment is carried out by 17 December 2031.

2.   Soil health shall be assessed with respect to each aspect of soil degradation using the non-binding sustainable target values and the operational trigger values for the related criterion for healthy soil condition set in accordance with Article 7(2), (5) and (6).

3.   Member States shall analyse the values for the soil descriptors listed in Annex I, Part C, with a view to identifying 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 soil sealing and soil removal indicators listed in Annex I, Part D, with a view to assessing the impact of soil sealing and soil removal on the loss of ecosystem services and on the objectives and targets established under Regulation (EU) 2018/841.

4.   Member States may identify improvements for each soil descriptor listed in Annex I, Parts A, B and C.

5.   Good condition for a descriptor listed in Annex I, Parts A and B, shall be considered to have been achieved when the non-binding sustainable target value is met. Member States shall set an interval of values for the soil descriptors listed in Annex I, Parts A and B, that constitute moderate condition and poor condition with respect to the operational trigger values. Only the interval of moderate condition may be null.

6.   Based on the soil health assessments carried out in accordance with this Article, the competent authorities referred to in Article 5 shall, where relevant in coordination with local, regional and national authorities, identify, in each soil district, the areas where individual criteria for healthy soil condition are not satisfied and for which support for soil health and soil resilience in accordance with Article 11 is needed, and inform the public, on an aggregated level, in accordance with Article 20. The soil health monitoring data, the results of the soil health assessments and the analysis referred to in paragraph 3 of this Article shall inform the development of the programmes, plans, targets and measures listed in Annex III.

7.   In order to contribute to improving soil health, the competent authorities referred to in Article 5 shall, where relevant in coordination with local, regional and national authorities, identify, in each soil district, the areas with high potential for improvement of soil health through de-sealing or soil reconstruction. The potential of areas of sealed soil and areas that underwent soil removal shall be assessed based on technical feasibility, cost-efficiency and the achievable level of soil health improvement.

8.   In addition to the obligations laid down in Article 20 and in accordance with national law, Member States shall communicate soil health data referred to in Articles 6 to 9 and the results of the soil health assessments carried out in accordance with this Article to the relevant landowners and land managers upon their request, in particular to support the development of the science-based advice referred to in Article 11(1), point (a).

Article 11 Support for soil health and soil resilience

1.   Member States shall encourage and support landowners and land managers as regards improving soil health and soil resilience and facilitate such improvement by landowners and land managers by, inter alia:

(a)

ensuring easy and equal access to impartial and independent science-based advice and to information, training activities and capacity building for soil managers, landowners, land managers and relevant authorities with regard to practices that improve soil health and soil resilience;

(b)

promoting awareness of the multiple medium-term and long-term benefits of practices that improve soil health and soil resilience and drawing attention to the costs of practices detrimental to soil health and soil resilience;

(c)

promoting research and innovation in relation to sustainable soil management concepts and soil regeneration practices adapted to the local soil characteristics, climatic conditions and land use;

(d)

providing, at a local level, information on suitable measures and practices to increase soil health and soil resilience, based on the soil health assessment carried out in accordance with Article 10 and, where appropriate, taking into account documents and scientific tools referred to in Article 24(1), point (k);

(e)

making available a regularly updated overview of available funding, instruments and other measures that support soil health and soil resilience.

2.   Member States shall also do the following, on a regular basis:

(a)

assess what technical and financial needs exist in relation to improving soil health and soil resilience;

(b)

engage with the public concerned, in particular landowners and land managers, and ensure that the public concerned is given an early and effective opportunity to determine the level of support needed; and

(c)

assess the expected effects on soil health and soil resilience of the measures taken in the context of the programmes, plans, targets and measures listed in Annex III.

Article 12 Land take mitigation principles

Without impinging on the autonomy of the Member States with regard to spatial planning, Member States shall ensure that the following principles are taken into consideration in the event of new soil sealing or new soil removal as part of land take, at the appropriate spatial level within their territory:

(a)

avoiding or reducing as much as possible the loss of the capacity of the soil to provide multiple ecosystem services, including food production, by:

(i)

reducing, as much as possible, the area of soil affected by soil sealing and soil removal, in particular by encouraging the reuse and repurposing of sealed soils, such as existing buildings;

(ii)

selecting areas where the loss of ecosystem services would be minimal, in particular areas with severely degraded soils, such as brownfields; and

(iii)

carrying out the soil sealing and soil removal in a way that minimises the negative impact on soil, in particular by protecting the surrounding soils or by keeping the soil sealing as reversible as possible;

(b)

aiming to offset to a reasonable extent the loss of the capacity of the soil to provide multiple ecosystem services, including through returning ecosystem services by encouraging the de-sealing of sealed soils and the reconstruction of areas that underwent soil removal.

Article 13 Risk-based and stepwise approach

1.   Member States shall ensure that the risks to human health and the environment of potentially contaminated sites and contaminated sites are identified, managed, and kept at acceptable levels, taking account of the environmental, social and economic impact of the soil contamination and of the risk reduction measures taken pursuant to Article 16(4). Those risks may be evaluated taking into account the current and planned land use during each of the steps referred to in paragraph 2 of this Article.

Member States shall establish a hierarchy of responsibility to determine the party or parties responsible for the site-specific implementation of paragraph 2, points (b) and (c), of this Article.

2.   Without prejudice to more stringent requirements that arise from Union or national law, Member States shall, by 17 December 2029, establish a risk-based and stepwise approach for the following:

(a)

the identification of potentially contaminated sites in accordance with Article 14;

(b)

the investigation of potentially contaminated sites in accordance with Article 15;

(c)

the site-specific risk assessment and management of contaminated sites in accordance with Article 16.

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

(a)

to provide comments on the establishment and concrete application of the risk-based and stepwise approach referred to in paragraph 2;

(b)

to provide information relevant for the activities referred to in point (a), such as human biomonitoring or environmental monitoring data from research projects;

(c)

to provide information with a view to correcting the information contained in the register referred to in Article 17.

Comments provided under point (a) of this paragraph shall be taken into account when Member States establish and apply the risk-based and stepwise approach.

4.   For the purposes of paragraph 3, Member States shall ensure that relevant information is provided to the public in a timely, adequate and effective manner, including by public notices and electronic media.

Article 14 Identification of potentially contaminated sites

1.   Member States shall systematically identify potentially contaminated sites on their territory.

2.   For the purposes of the identification of potentially contaminated sites, Member States shall establish a list of potentially contaminating activities. Those activities may be further classified or prioritised according to their potential to cause soil contamination based on scientific evidence. When identifying potentially contaminated sites on their territory, Member States shall take into account the following criteria, where relevant:

(a)

past or current operation of a potentially contaminating 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  ( 48 ) ;

(d)

operation of an activity referred to in Annex III to Directive 2004/35/EC;

(e)

occurrence of a potentially contaminating event, accident, calamity, disaster, incident or spill liable to cause soil contamination;

(f)

relevant information resulting from the soil health monitoring carried out in accordance with Articles 6 to 9.

3.   Member States shall ensure that potentially contaminated sites existing on or before 16 December 2025 are identified and duly recorded in the register referred to in Article 17 by 17 December 2035.

Article 15 Investigation of potentially contaminated sites

1.   Member States shall ensure that soil investigations on potentially contaminated sites identified pursuant to Article 14 are carried out in accordance with paragraph 2 of this Article and with the risk-based and stepwise approach referred to in Article 13.

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

Member States shall take into account potentially contaminated sites located in areas used for the abstraction of water for human consumption in the prioritisation of soil investigations.

Member States may consider baseline reports and monitoring measures implemented in accordance with Directive 2010/75/EU as well as other investigations as soil investigations, if such reports, measures and investigations meet the requirements of this Directive.

3.   Member States shall establish a list of specific events that trigger a soil investigation. Soil investigations shall be carried out within the timeframe referred to in paragraph 2.

Article 16 Site-specific risk assessment and management of contaminated sites

1.   Member States shall lay down the specific methodology for the site-specific risk assessment of contaminated sites. When establishing such methodology, Member States shall ensure that the phases and principles referred to in Annex V are taken into consideration.

2.   Member States shall determine what constitutes an unacceptable risk to human health and the environment resulting from contaminated sites, by taking into account existing scientific knowledge, the opinions of health authorities, the precautionary principle, local specificities, and current and planned land use.

3.   For each contaminated site that has been found to be contaminated following an investigation pursuant to Article 15 or by any other means, Member States shall ensure that a site-specific risk assessment is carried out for the current and planned land use to determine whether the contaminated site poses unacceptable risks to human health or the environment. If the information gathered pursuant to Article 15 is sufficient to conclude that the soil contamination does not constitute an unacceptable risk to human health or the environment, or to conclude that soil remediation is needed, Member States may decide not to carry out the site-specific risk assessment.

4.   On the basis of the results of the site-specific risk assessment referred to in paragraph 3, or of a conclusion that soil remediation is needed, reached in accordance with that paragraph, Member States shall ensure that the appropriate risk reduction measures are taken and implemented, without undue delay, to reduce to an acceptable level the risks to human health and the environment.

5.   When deciding on the appropriate risk reduction measures, Member States shall, while aiming for soil decontamination, including the prevention of further contamination, take into consideration the long-term costs, benefits, effectiveness, durability and technical feasibility of available risk reduction measures. The risk reduction measures may consist of the measures referred to in Annex IV.

6.   The Commission is empowered to adopt delegated acts in accordance with Article 21 to adapt Annexes IV and V to scientific and technical progress.

Article 17 Register

1.   By 17 December 2029, Member States shall, in accordance with paragraph 2, set up and maintain a register of potentially contaminated sites and contaminated sites as established in accordance with this Chapter.

2.   The register shall contain the data and information set out in Annex VI, except data and information the disclosure of which would adversely affect public security or national defence.

3.   Member States shall manage or supervise the register and ensure that it is regularly reviewed and updated.

4.   Member States shall make public, free of charge, the register and the data and information referred to in paragraphs 1 and 2 of this Article. Disclosure of any data and information may be refused or restricted by the competent authority where the conditions laid down in Article 4 of Directive 2003/4/EC are fulfilled.

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

Article 18 Union funding

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

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.

When implementing this Directive, the Commission and Member States shall be encouraged to make use of financial resources from appropriate sources, including Union, national, regional and local funds, to finance actions with a focus on soil protection, soil resilience and soil regeneration.

Article 19 Reporting by Member States

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

(a)

the data relating to, and the results of, the monitoring of soil health and soil health assessments carried out in accordance with Articles 6 to 10;

(b)

a trend analysis of soil health for the soil descriptors listed in Annex I, Parts A, B and C, and of soil sealing and of soil removal indicators listed in Annex I, Part D, in accordance with Article 10;

(c)

a summary of the progress on:

(i)

the support for soil health and soil resilience, in accordance with Article 11;

(ii)

the identification and investigation of potentially contaminated sites, the management of contaminated sites, and the registration of potentially contaminated sites and contaminated sites, in accordance with Articles 13 to 17;

Member States shall submit the first of the reports referred to in the first subparagraph by 17 June 2032.

2.   Member States and the Commission, with the support of the EEA, shall ensure that there is a mutual exchange of the data and information referred to in paragraph 1 of this Article and that such exchange is effective and respects statistical confidentiality. Member States shall also ensure that the Commission and the EEA have timely and effective access to the data and information contained in the register referred to in Article 17.

3.   By way of derogation from paragraphs 1 and 2, if disclosure of certain data and information would adversely affect public security or national defence, Member States may decide not to report, exchange or grant access to such data and information.

4.   By 17 March 2029, Member States shall provide the Commission with online access to the following:

(a)

an up-to-date list of their soil districts and soil units referred to in Article 4 and the information on their geographical extent;

(b)

an up-to-date list of the competent authorities referred to in Article 5.

5.   Member States shall inform the Commission of the outcome of the establishment of the risk-based and stepwise approach referred to in Article 13, of the methodology laid down pursuant to Article 16(1), and of what they determine to constitute an unacceptable risk pursuant to Article 16(2).

6.   The Commission is empowered to adopt implementing acts establishing the format and the arrangements for submitting the data and information referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).

Article 20 Information to the public

1.   Member States shall make public the results generated by the monitoring of soil health carried out under Article 9 and the soil health assessments carried out in accordance with Article 10 in the form of aggregated data, and make public the register referred to in Article 17.

2.   The Commission shall ensure that the public has access to the digital soil health data portal.

The Commission shall publish the list of the competent authorities as communicated by Member States in accordance with Article 19(4), point (b).

3.   Disclosure of any data and 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.

4.   Where the Commission or Member States use confidential data to produce European statistics, they shall protect such data in accordance with Regulation (EC) No 223/2009.

The Commission or the EEA shall be required to obtain the explicit authorisation of the authority that collected the confidential data before their disclosure.

Article 21 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 Article 9(13) and Article 16(6) shall be conferred on the Commission for an indeterminate period of time from 16 December 2025.

3.   The delegation of power referred to in Article 9(13) and Article 16(6) 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 Article 9(13) or Article 16(6) shall enter into force only if no objection has been expressed either by the European Parliament or by 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 22 Committee procedure

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.

Article 23 Access to justice

1.   Member States shall ensure that, in accordance with their national legal system, members of the public concerned have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of the soil health assessment, the measures taken pursuant to this Directive and any failures to act of the competent authorities, provided that one of the following conditions is met:

(a)

they have a sufficient interest;

(b)

they maintain the impairment of a right, where administrative procedural law of a Member State requires such impairment as a precondition.

Member States shall determine what constitutes a sufficient interest and impairment of a right, and shall do so consistently with the objective of providing the public with wide access to justice. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purposes of the first subparagraph, point (a). Such organisations shall also be deemed to have rights capable of being impaired for the purposes of the first subparagraph, point (b).

2.   Standing in the review procedure shall not be conditional on the role that the member of the public concerned played during a participatory phase of the decision-making procedures under this Directive.

3.   The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide adequate and effective redress mechanisms, including injunctive relief as appropriate.

Article 24 Support by the Commission

1.   The Commission shall provide Member States with the necessary support, assistance and capacity building in order to help them carry out their obligations under this Directive. In particular, the Commission shall, in cooperation with the Member States, draw up documents and develop scientific tools that Member States may use to facilitate them in:

(a)

establishing a soil monitoring framework and determining the number and location of sampling points pursuant to Article 9(1) and (2) and Annex II, Part A, point 1;

(b)

setting the non-binding sustainable target values and operational trigger values for the soil descriptors pursuant to Article 7(2) and Annex I, Parts A and B;

(c)

setting their list of organic contaminants to be monitored pursuant to Article 7(3) and Annex I, Part B;

(d)

assessing the areas not at risk of salinisation that can be excluded from the measurements of electrical conductivity pursuant to Article 9(3), third subparagraph, and Annex I, Part A;

(e)

carrying out in situ sampling of soil descriptors in accordance with Article 9(3), fourth subparagraph and Annex II, Part A, point 2;

(f)

determining the values of the soil sealing and soil removal indicators pursuant to Article 9(5) and in accordance with Annex II, Part C;

(g)

determining or estimating the values of the soil descriptors pursuant to Article 9(6) and Annex II, Part B;

(h)

identifying and assessing any critical loss of ecosystem services and the impact of soil sealing and soil removal on the loss of ecosystem services pursuant to Article 10(3);

(i)

identifying potentially contaminated sites and setting a list of potentially contaminating activities pursuant to Article 14;

(j)

laying down the specific methodology for the site-specific risk assessment of contaminated sites, taking into account common practices, methodologies and toxicological data pursuant to Article 16; and

(k)

providing, at local level, information on measures and practices to increase soil resilience pursuant to Article 11(1), point (d), by providing and regularly updating a repository of knowledge on soil resilience containing practical information on soil management practices.

2.   The documents and scientific tools referred to in paragraph 1 shall be drawn up and developed within the following time-limits:

(a)

as regards point (a), by 17 December 2026;

(b)

as regards points (b), (c), (e) and (j), by 17 June 2027;

(c)

as regards point (i), by 17 December 2027;

(d)

as regards points (d), (f) and (g), by 17 December 2028;

(e)

as regards point (h), by 17 December 2029.

3.   The Commission shall organise regular exchanges of information, experience and best practices between Member States and, where relevant, other stakeholders on the application of this Directive. The first exchange shall take place by 17 March 2026.

The Commission shall publish the results of the exchanges of information, experience and best practices referred to in the first subparagraph and, where relevant, provide recommendations or guidelines to Member States.

4.   The Commission shall facilitate cooperation between Member States to ensure, where appropriate, that competent authorities responsible for neighbouring soil districts in which there are transboundary effects on soil, comparable soil types or land uses across the soil-district border, exchange best practices, and strive to achieve a coherent approach in the application of this Directive.

Article 25 Evaluation and review

1.   By 17 June 2033, the Commission shall carry out an evaluation of this Directive to assess the progress made towards achieving its objectives and the need to amend it in order to set more specific requirements to achieve its objectives. That 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 19;

(c)

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

(d)

an analysis of the remaining progress to be made to achieve healthy soils by 2050;

(e)

an analysis of the effectiveness of the support provided by Member States to improve soil health and soil resilience;

(f)

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 Annex I, Part C, and soil sealing and soil removal indicators listed in Annex I, Part D;

(iii)

the addition of new soil descriptors for monitoring purposes or the adjustment of existing soil descriptors and criteria for healthy soil condition listed in Annex I;

(iv)

the non-binding sustainable target values and operational trigger values for the soil descriptors pursuant to Article 7(2) and Annex I, Parts A and B, taking into account, inter alia, the objective of ensuring a level playing field within the internal market;

(v)

the possibility of establishing a higher percentage of a subset of sampling points chosen for the analysis of the soil biodiversity descriptors referred to in Annex I, Part C, based on the results of the first monitoring cycle.

2.   The Commission shall present a report on the main findings of the evaluation referred to in paragraph 1 to the European Parliament, to the Council, to the European Economic and Social Committee and to the Committee of the Regions, accompanied, if appropriate, by a legislative proposal.

Article 26 Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 17 December 2028. They shall immediately inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive. The communication of the non-binding sustainable target values and operational trigger values for soil descriptors listed in Annex I shall be accompanied by a justification.

Article 27 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 28 Addressees

This Directive is addressed to the Member States.

Schedules & Appendices

ANNEX I SOIL DESCRIPTORS, CRITERIA FOR HEALTHY SOIL CONDITION, AND SOIL SEALING AND SOIL REMOVAL INDICATORS

ANNEX I

SOIL DESCRIPTORS, CRITERIA FOR HEALTHY SOIL CONDITION, AND SOIL SEALING AND SOIL REMOVAL INDICATORS

For the purposes of this Annex, the following definitions apply:

(1)

‘natural land’ means an area of land on which the natural processes are dominant and human intervention is minimal or non-existent, and on which the primary ecological functions and species composition have not been substantially modified;

(2)

‘net sealing’ means the result of soil sealing minus de-sealing;

(3)

‘settlement area’ means a settlement area within the meaning of the 2006 Guidelines of the Intergovernmental Panel on Climate Change (IPCC) for National Greenhouse Gas Inventories;

(4)

‘organic soils’ means organic soils within the meaning of the 2006 IPCC Guidelines for National Greenhouse Gas Inventories;

(5)

‘mineral soils’ means mineral soils within the meaning of the 2006 IPCC Guidelines for National Greenhouse Gas Inventories;

(6)

‘managed soils’ means soils where soil management practices are carried out.

Aspect of soil degradation

Soil descriptor  ( 1 )

Criteria for healthy soil condition – non-binding sustainable target values  ( 2 )

Land areas exempted from meeting the related criterion

Part A: soil descriptors with criteria for healthy soil condition established at Union level

Salinisation  ( 3 )

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, areas with regular flooding from marine submersion and areas subject to sea spray

Loss of Soil Organic Carbon (SOC)

SOC concentration (g per kg)

—

For organic soils: respect targets set for such soils at national level in accordance with Article 4(2) and (4), and Article 11(4) of Regulation (EU) 2024/1991

No exemption

—

For mineral soils: SOC/Clay ratio > 1/13 (that is the ratio of SOC content to the content of the clay fraction (fraction with a diameter of less than 0,002  mm))

Member States are expected to apply corrective factors to the ratio where specific soil types or climatic conditions justify it, taking into account the link to structural stability

Non-managed soils in natural land areas

Subsoil compaction

Bulk density in subsoil (g per cm 3 )

Soil texture  ( 4 )

Range

Non-managed soils in natural land areas and areas with naturally compacted soils

Sand, loamy sand, sandy loam, loam

< 1,80

Sandy clay loam, loam, clay loam, silt, silt loam

< 1,75

Silt loam, silty clay loam

< 1,65

Sandy clay, silty clay, clay loam with 35-45 % clay

< 1,58

Clay

< 1,47

Member States may apply different texture classes or values corresponding to the levels considered problematic for plant rooting system development

Optional:

—

saturated hydraulic conductivity – Ksat (cm per day)

—

air capacity (%)

≥ 10 cm/day  ( 5 )

Member States may adapt this value according to their local soil conditions

≥ 5 %  ( 6 )

Member States may adapt this value according to their local soil conditions

Part B: soil descriptors with criteria for healthy soil condition established at Member State level

Excess nutrient content in soil

Extractable phosphorus (mg per kg)

< ‘maximum value’

Member States shall lay down their own maximum value, at a level that would not entail damage to human health and the environment

Non-managed soils in natural land areas

Soil erosion

Soil erosion rate

(tonnes per hectare per year)

< ‘maximum value’

Member States shall lay down their own maximum value, at a level that would not entail damage to human health and the environment

Badlands and natural land areas, except if they represent a significant disaster risk

Soil contamination

—

concentration of heavy metals in soil: As, Sb, Cd, Co, Cr (total), Cu, Hg, Pb, Ni, Tl, V, Zn (mg per kg)

—

concentration of a selection of organic contaminants established by Member States and taking into account existing concentration limits in Union law, e.g. for water quality and air emissions

Reasonable assurance, obtained from soil point sampling, identification and investigation of potentially contaminated sites and any other relevant information, that an unacceptable risk to human health and the environment from soil contamination does not exist

Natural and anthropogenic background levels shall be taken into account in the risk assessment

If natural background is the only reason leading to unacceptable risks, then the relevant soil shall be deemed to meet the healthy soil criteria provided that it is managed in such a way that an unacceptable risk to human health does not exist

Habitats with a naturally high concentration of heavy metals that are included in Annex I to Directive 92/43/EEC shall remain protected

No exemption

Reduction of soil water retention and infiltration

Water retention:

—

soil water holding capacity of the soil sample (% of water per total soil (volume or mass))

Water infiltration:

—

saturated hydraulic conductivity – Ksat (cm per day)

—

air capacity (%)

The estimated value for the total water holding capacity, the saturated hydraulic conductivity and the air capacity of a soil unit is above the minimal threshold and may also be assessed by river basin or sub-basin, taking into account water processes occurring at that scale

The minimal threshold shall be set (in tonnes) by the Member State at the relevant scale, at such a value that the impacts of flooding following intense rain events or of periods of low soil moisture due to drought events are mitigated

No exemption

Loss of SOC

SOC stocks (tC ha -1 )

Optional:

—

SOC content (g per kg)

Contribute to national targets for net greenhouse gas removals in the LULUCF sector as referred to in Article 4(3) of Regulation (EU) 2018/841

> ‘minimum value’

Member States shall lay down the minimum value by soil texture

No exemption

Part C: soil descriptors without criteria

Aspect of soil degradation

Soil descriptor

Excess nutrient content in soil

Total nitrogen content in soil (mg g -1 )

SOC to nitrogen ratio

Acidification

Soil acidity (pH)

Member States may also select the optional descriptor:

—

base saturation (i.e. (Ca + Mg + K)/effective cation exchange capacity (CEC))

Topsoil compaction

Bulk density in topsoil (A-horizon  ( 7 ) ) (g cm -3 )

Optional:

—

saturated hydraulic conductivity (cm per day)

—

air capacity (%)

Loss of soil biodiversity

DNA metabarcoding for fungi and bacteria

Member States may also select at least one optional soil descriptor for biodiversity, such as:

—

metabarcoding of archaea, protists and animals

—

phospholipid fatty acid analysis (PLFA)

—

abundance and diversity of nematodes

—

abundance and diversity of earthworms

—

abundance and diversity of springtails

—

abundance and diversity of native ants

—

soil biological quality based on arthropods (QBS-ar)

—

presence of invasive alien species and plant pests

—

soil basal respiration

Soil contamination  ( 8 )

Concentrations of PFAS-21  ( 9 ) or concentrations of PFAS-43  ( 10 ) or selected PFAS set by Member States in accordance with Article 7(4)

Concentrations of selected active substances in pesticides and their metabolites set by Member States in accordance with Article 7(4)

Optional:

—

concentrations or presence of a selection of other emerging soil contaminants set by Member States in accordance with Article 7(4)

Part D: soil sealing and soil removal indicators

Aspect of soil degradation

Soil sealing and soil removal indicators

Soil sealing and soil removal

Total sealed soils and areas that underwent soil removal (km 2 and % of Member State surface)

Soil sealing and soil removal, de-sealing and net-sealing (average per year – in km 2 and % of Member State surface)

Total settlement area (km 2 and % of Member State surface)

Land use change to and from settlement area (average per year – in km 2 and % of Member State surface)

Member States may also measure other related optional indicators, such as:

—

soil artificialisation

—

land fragmentation

—

land recycling rate

—

land taken for commercial activities, logistic hubs, renewable energies, surfaces such as airports, roads, mines

—

consequences of soil sealing and soil removal, such as quantification of loss of ecosystem services, change in the intensity of floods

( 1 )   The minimum criteria for the methodology for in situ sampling of soil descriptors are provided for in Annex II, Part A, and further details are to be provided pursuant to Article 24.

( 2 )   Further details on the methodology on setting non-binding sustainable target values and operational trigger values for soil descriptors listed in Annex I, Parts A and B and, when possible, Part C, are to be provided pursuant to Article 24.

( 3 )   The measurement of electrical conductivity can be excluded in areas not at risk of salinisation. Further details on the methodology for assessing areas not at risk of salinisation are to be provided pursuant to Article 24.

( 4 )   As defined in IUSS Working Group WRB. 2022. World Reference Base for Soil Resources. International soil classification system for naming soils and creating legends for soil maps. 4th edition. International Union of Soil Sciences (IUSS), Vienna, Austria.

( 5 )   Lebert, M., Böken, H., Glante, F. 2007. Soil compaction – indicators for the assessment of harmful changes to the soil in the context of the German Federal Soil Protection Act. Journal of Environmental Management 82(3): 388-397.

( 6 )   Lebert, M., Böken, H., Glante, F. 2007. Soil compaction – indicators for the assessment of harmful changes to the soil in the context of the German Federal Soil Protection Act. Journal of Environmental Management 82(3): 388-397.

( 7 )   As defined in the FAO Guidelines for Soil Description, Chapter 5 ( https://www.fao.org/3/a0541e/a0541e.pdf ).

( 8 )   May be measured on a limited number of sampling points.

( 9 )   6:2 FTS, PFBA, PFBS, PFDA, PFDoDA, PFDoDS, PFDS, PFHpA, PFHpS, PFHxA, PFHxS, PFNA, PFNS, PFOA, PFOS, PFPeA, PFPeS, PFTrDA, PFTrDS, PFUnDA, PFUnDS or other 21 PFAS, as available in the laboratories.

( 10 )   PFOS, PFOA, PFHxS, PFNA, PFBS, PFPeS, PFHpS, PFNS, PFDS, PFUnDS, PFDoDS, PFTrDS, PFBA, PFPeA, PFHxA, PFHpA, PFDA, PFUnDA, PFDoDA, PFTrDA, PFTeDA, PFOSA, N-EtFOSA, N-MeFOSA, FOSAA, N-EtFOSAA, N-MeFOSAA, FHxSA, N-EtFHxSA, N-MeFHxSA, FHxSAA, N-EtFHxSAA, N-MeFHxSAA, FBSA, N-EtFBSA, N-MeFBSA, FBSAA, N-EtFBSAA, N-MeFBSAA, 6:2 FTS, 8:2 FTS, 5:3 FTCA, 7:3 FTCA or other 43 PFAS, as available in the laboratories.

ANNEX II METHODOLOGIES

ANNEX II

METHODOLOGIES

Part A: methodology for determining the number and location of sampling points and for the sampling survey

Activity

Minimum criteria for methodology

1.

Determination of sampling points (sampling survey) for soil health assessment

The sampling survey shall be designed from a complete sample frame containing the best available information on the distribution of soil properties, such as information resulting from relevant measurements pursuant to Article 9(3) and (4)

The sampling scheme shall be a stratified random sampling optimised on the best available information on the variability of soil descriptors, and the stratification shall be based on the soil units established in accordance with Article 4(2). Sampling points related to measurements referred to in Article 9(4) may be taken into account partly or completely in the sampling scheme, regardless of their design

The number and location of the sampling points shall represent the variability of the chosen soil descriptors within the soil units, with a maximum error percentage (or coefficient of variation) of 5 %

The allocation and size of the sample shall be determined by applying appropriate procedures (e.g. the Bethel algorithm – Bethel, 1989  ( 1 ) ) which are able to account for the required maximum estimation error

The sampling survey designed by the Member States for each monitoring cycle may change or remain the same

Further details on determining the number and location of sampling points are to be provided pursuant to Article 24(1), point (a)

2.

Field sampling survey

Exact sampling locations shall be sampled unless duly justified circumstances, such as soil saturated with water or a high level of rock content, prevent the sampling of the locations

When soil composite samples are taken, they shall be a mixture of at least 5 subsamples

When sampling soil in non-forested areas, residues and organic debris shall be removed from the surface

When sampling soil in forested areas, the forest floor, if relevant subdivided into litter and organic layers, shall be sampled separately and the thickness and weight shall be recorded

Samples or subsamples for the composite sample shall, where possible, be taken to a depth of at least 30 cm of soil. Information such as soil type and if possible genetic soil horizons shall be recorded. Subsamples shall be mixed together in order to get a homogeneous composite sample. Sampling may be done by fixed depth or by horizon, but data shall be reported by fixed depth

Bulk density samples shall be undisturbed samples taken at the relevant depth, including below 30 cm for subsoil. Samples related to soil compaction (saturated hydraulic conductivity and air capacity) may be the same undisturbed samples as those taken for bulk density. Where high content of coarse fragments in soil prevents sample taking, sampling may be excluded in that location for measuring bulk density

Further details on the field sampling survey are to be provided pursuant to Article 24(1), point (a), including on how to handle specific situations such as shallow soils and different sampling depths

Part B: methodology for determining or estimating the values of soil descriptors

Where a reference methodology is set out in the table below, the following methodologies are to be used in accordance with Article 9:

—

the reference methodology,

—

a methodology equivalent to the reference methodology, or

—

another methodology, provided that it is available in the scientific literature or publicly available and a validated transfer function is available.

If a CEN methodology is available, it shall be preferred over the reference methodology. In that case, the initial reference methodology shall be considered to be an equivalent methodology.

Soil descriptor

Reference methodology

Minimum methodological criteria

Validated transfer function required (if using a methodology different from the reference methodology)?

Soil texture (clay, silt and sand content – needed for the determination of other descriptors and related ranges)

ISO 11277 Determination of particle size distribution in mineral soil material – Method by sieving and sedimentation

Not applicable

YES

Electrical conductivity

Option 1: ISO 11265 Determination of the specific electrical conductivity

Option 2: saturated soil paste extract (eEC) measurement method (FAO SOP: GLOSOLAN-SOP-08  ( 2 ) )

Not applicable

YES

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, stoniness)

—

topography (e.g. slope steepness and length)

—

climate (e.g. rainfall erosivity – intensity and duration)

—

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

Not applicable

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)

Soil erosion by management practices such as tillage or export of biomass shall be quantitatively assessed based on a methodology either available in the scientific literature or publicly available

Soil Organic Carbon (SOC)

ISO 10694 Determination of organic and total carbon after dry combustion, ensuring all carbon is incinerated

SOC shall be calculated by determining the total carbon content and subtracting the carbon present as carbonate, which shall be determined in accordance with ISO 10693

Not applicable

YES

SOC stocks

Methodology as set out in Annex V to Regulation (EU) 2018/1999 in accordance with the 2006 IPCC Guidelines for National Greenhouse Gas Inventories

Not applicable

YES

Bulk density in subsoil

ISO 11272 for determination of dry bulk density

Where an equivalent parameter is chosen, the methodology shall be either a European or international standard where available; if such standard is not available, the methodology chosen shall either be available in the scientific literature or publicly available

Methodology may be refined depending on the proportion of coarse fragments

YES

Extractable phosphorus

Preferred: ISO 11263 for spectrometric determination of phosphorus soluble in sodium hydrogen carbonate solution (P-Olsen)

Other methods may be used as an alternative

Not applicable

YES

—

concentration of heavy metals in soil: As, Sb, Cd, Co, Cr (total), Cu, Hg, Pb, Ni, Tl, V, Zn

—

concentrations of other contaminants (including PFAS, pesticides and their metabolites) defined or selected by Member States

For heavy metals:

ISO 54321: Aqua Regia

Optional: bioavailable fractions of contaminants, such as ISO 17586 using dilute nitric acid

For contaminants other than heavy metals: use European or international standards where available; if such standard is not available, the methodology chosen shall either be available in the scientific literature or publicly available

For heavy metals:

YES

For contaminants other than heavy metals: not applicable if European or international standards are not available

Soil water holding capacity, air capacity and saturated hydraulic conductivity

Methodology to determine the value for one sample point:

(1)

Soil water holding capacity and air capacity:

Option 1: LABORATORY: ISO 11274 for determination of the water-retention characteristic

Option 2: ESTIMATION: apply pedotransfer functions requiring input variables such as particle size distribution, bulk density, soil organic carbon concentration

Minimum criteria for estimating the total soil water holding capacity, the air capacity and the saturated hydraulic conductivity of a soil unit or on a river basin or sub-basin scale:

—

for the area of soil not sealed or areas that did not undergo soil removal, estimate the total value of soil water holding capacity, air capacity and saturated hydraulic conductivity

—

for the area of sealed and removed soils, consider setting the water holding capacity, air capacity and saturated hydraulic conductivity of impervious areas to zero, attributing proportionately intermediate values to semi-impervious and other artificial areas

YES (for point value)

(2)

Saturated hydraulic conductivity:

Option 1:

LABORATORY: ISO 17313: Determination of hydraulic conductivity of saturated porous materials

Option 2:

ESTIMATION: apply pedotransfer functions requiring input variables such as particle size distribution, bulk density, soil organic carbon concentration

Nitrogen in soil

Option 1:

ISO 11261 for determination of total soil nitrogen using a modified Kjeldahl method

Option 2:

ISO 13878 for determination of total nitrogen by dry combustion

Not applicable

YES

Soil acidity

ISO 10390 for determination of pH in H 2 O, KCl and CaCl 2 extract

Not applicable

YES

Base saturation and exchangeable concentrations of sodium, potassium, calcium and magnesium

ISO 11260 for determination of effective cation exchange capacity and base saturation level using BaCl 2

Not applicable

YES

Bulk density in ‘topsoil’ (A-horizon  ( 3 ) )

ISO 11272 for determination of dry bulk density

Methodology may be refined depending on the proportion of coarse fragments

YES

Soil descriptors linked to soil biodiversity and biological activity

Use European or international standards where available; if such standard is not available, the methodology chosen shall either be available in the scientific literature or publicly available

Not applicable

Part C: minimum methodological criteria for determining the values of the soil sealing and soil removal indicators

For the soil sealing and soil removal indicators, the methodologies used shall comply with the definitions set out in Article 3 and Annex I. Such methodologies shall make use of at least the Copernicus services or, preferably, best available data including remote-sensing images, which shall be supplemented with relevant national inventories.

For the settlement area indicator, Member States may use data collected under Regulation (EU) 2018/841, provided that such data are reported at soil district level.

The methodologies chosen shall either be available in the scientific literature or publicly available.

( 1 )   Bethel, J. 1989. ‘Sample Allocation in Multivariate Surveys’. Survey Methodology 15: 47–57.

( 2 )

https://www.fao.org/3/cb3355en/cb3355en.pdf .

( 3 )   As defined in the FAO Guidelines for Soil Description, Chapter 5 ( https://www.fao.org/3/a0541e/a0541e.pdf ).

ANNEX III PROGRAMMES, PLANS, TARGETS AND MEASURES REFERRED TO IN ARTICLE 10

ANNEX III

PROGRAMMES, PLANS, TARGETS AND MEASURES REFERRED TO IN ARTICLE 10

(1)

The national restoration plans prepared in accordance with Regulation (EU) 2024/1991.

(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 prioritised action framework established for Natura 2000 sites in accordance with Directive 92/43/EEC.

(5)

The measures for achieving good ecological status and good 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 EU Climate Adaptation Strategy.

(8)

The national action programmes established in accordance with the United Nations Convention to Combat Desertification.

(9)

The national biodiversity strategies and action plans established in accordance with Article 6 of the United Nations Convention on Biological Diversity.

(10)

The targets set under Regulation (EU) 2018/841.

(11)

The targets set under Regulation (EU) 2018/842.

(12)

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.

(13)

The integrated national energy and climate plan established in accordance with Regulation (EU) 2018/1999.

(14)

The risk assessments and disaster risk management planning established in accordance with Decision No 1313/2013/EU.

(15)

The National Action plans adopted in accordance with Article 4 of Directive 2009/128/EC.

(16)

The mitigation and risk reduction measures referred to in the environmental impact assessments performed in accordance with Directive 2011/92/EU for the plans and projects that might have a negative impact on the soil.

ANNEX IV INDICATIVE LIST OF RISK REDUCTION MEASURES

ANNEX IV

INDICATIVE LIST OF RISK REDUCTION MEASURES

(1)

Soil remediation techniques for in situ or ex situ soil remediation:

(a)

Physical soil remediation techniques:

(i)

vapor extraction, air sparging;

(ii)

heat treatment, steam injection, thermal desorption, vitrification;

(iii)

soil washing and flushing;

(iv)

liquid layer removal.

(b)

Biological soil remediation techniques:

(i)

stimulation of aerobic or anaerobic degradation: bioremediation, biostimulation, bioaugmentation, bioventing, biosparging;

(ii)

phytoextraction, phytovolatilisation, phytodegradation;

(iii)

composting, soil amendments, landfarming, and bioreactor systems;

(iv)

biofiltration, biotreatment wetlands, and biobeds;

(v)

monitored natural attenuation.

(c)

Chemical remediation techniques:

(i)

chemical oxidation;

(ii)

chemical reduction and reduction-oxidation (redox) reactions;

(iii)

pump and treat groundwater;

(iv)

remediation techniques to reduce the transfer of contaminants through isolation, containment and monitoring:

(1)

surface capping, reactive barriers, encapsulation;

(2)

chemical stabilisation, solidification and immobilisation;

(3)

geo-hydrological isolation and containment;

(4)

phyto-stabilisation;

(5)

control and aftercare through monitoring wells.

(2)

Risk reduction measures, other than soil remediation, to reduce exposure:

(a)

Restrictions on the cultivation and consumption of crops and vegetables;

(b)

Restrictions on the consumption of eggs;

(c)

Restrictions on the access of pets or livestock;

(d)

Restrictions on the extraction or use of groundwater for drinking, personal hygiene or industrial purposes;

(e)

Restrictions on demolition, de-sealing, or construction on the site (e.g. constructive measures for ventilation, tanking, etc.);

(f)

Restrictions on access to the site (e.g. through fencing) or to the areas surrounding the site;

(g)

Restrictions on land use or land use changes;

(h)

Restrictions on digging, drilling or excavation;

(i)

Restrictions to avoid contact with soil, dust or indoor air, and applying 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 V PHASES AND PRINCIPLES FOR SITE-SPECIFIC RISK ASSESSMENT

ANNEX V

PHASES AND PRINCIPLES FOR SITE-SPECIFIC RISK ASSESSMENT

1.

Characterisation of the contamination requires identifying the nature of the contaminants (e.g. heavy metals, organic contaminants, etc.) present at the site and determining their source, concentration, chemical form, and distribution in the soil, parent material and groundwater. The presence and concentration of contaminants in the different media is determined through sampling and investigation on-site and off-site in the event that a transfer of contaminants is suspected. Contaminants associated with potentially contaminating activities shall be sampled in the relevant media on the basis of the environmental context and the physico-chemical properties of the contaminants that influence their behaviour in the environment. Natural and anthropogenic background levels shall be considered.

2.

Exposure assessment requires identifying the path by which soil contaminants may reach receptors. Exposure pathways can include inhalation, ingestion, dermal contact, plant uptake, migration to groundwater or others. The concentrations of the contaminants in the exposure media are combined with exposure parameters (e.g. frequency and duration of exposure, soil ingestion rate, etc.) and receptor characteristics such as age, gender, and health status to estimate the daily exposure dose. The source-pathway-receptor linkages are summarised in a graphic, schematic and simplified representation (the ‘conceptual site model’). Exposure may be assessed through direct analysis at the point of exposure or by modelling the transfer of a contaminant to the medium of exposure.

3.

Toxicity or hazard assessment involves the evaluation of the potential adverse effects of the contaminants on human health and the environment, based on the dose and duration of exposure. Toxicity or hazard assessment takes into account the inherent toxicity of the contaminants and the susceptibility of different exposed receptors (humans and ecosystems), such as animals, micro-organisms, plants, children, pregnant women, the elderly, etc. The toxicological information is used to estimate reference doses or concentrations, which are used for the risk characterisation.

4.

Risk characterisation requires integrating the information from the previous steps to estimate the magnitude and probability of adverse effects of the contaminated site on human health and the environment, including from migration of the contamination to other environmental media. The risk characterisation helps to assess and prioritise the need for risk reduction measures and remediation measures, and to ensure that the condition of the soil is compatible with the current and planned land use. It can also help to establish soil remediation or management objectives for a site, e.g. to achieve maximum acceptable limits or site-specific risk-based screening values. Risk assessment involves a large number of hypotheses and uncertainties. It is therefore essential to evaluate those hypotheses and uncertainties to fully understand the significance of the results obtained and to make well-informed decisions.

ANNEX VI CONTENT OF REGISTER OF POTENTIALLY CONTAMINATED SITES AND CONTAMINATED SITES

ANNEX VI

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 identification and investigation of potentially contaminated sites and the management of 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)

the coordinates, address or cadastral parcel(s) of the site in accordance with Directives (EU) 2019/1024 and 2007/2/EC;

(b)

the year of inclusion in the register;

(c)

contaminating or potentially contaminating activities that have taken or are taking place on the site;

(d)

the management status of the site;

(e)

conclusions regarding the presence or absence, type and risk of the contamination (or residual contamination after soil remediation) where information on those elements is already available from the soil investigations and site-specific risk assessment referred to in Articles 15 and 16;

(f)

required subsequent actions and management steps referred to in Articles 15 and 16.

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 soil 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;

(d)

timeline of subsequent actions and management steps.