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