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).
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.
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.
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).
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).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
