Proposal for a Directive of the European Parliament and of the Council establishing a framework for the protection of soil and amending Directive 2004/35/EC
Date: 2006-09-22
Institutions: European Commission
Subjects: environmental liability, polluter pays principle, pollution control measures, pollution from agricultural sources, prevention of pollution, soil protection

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.9.2006 
COM(2006) 232 final 

2006/0086 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a framework for the protection of soil and amending Directive 2004/35/EC 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

Soil  is  essentially  a  non-renewable  resource  and  a  very  dynamic  system  which 
performs many functions and delivers services vital to human activities and ecosystems 
survival.  Information  available  suggests  that,  over  recent  decades,  there  has  been  a 
significant increase of soil degradation processes, and there is evidence that they will 
further increase if no action is taken. 

Though soil protection provisions exist in the Community acquis, there is no specific 
Community legislation on soil protection. The current proposal aims at filling this gap 
and  has  the  objective  of  establishing  a  common  strategy  for  the  protection  and 
sustainable use of soil based on the principles of integration of soil concerns into other 
policies, preservation of soil functions within the context of sustainable use, prevention 
of threats to soil and mitigation of their effects, as well as restoration of degraded soils 
to a level of functionality consistent at least with the current and approved future use. 

120 

•  General context 

Soil  is  under  increasing  environmental  pressure  across  the  Community,  driven  or 
exacerbated  by  human  activity,  such  as  inappropriate  agricultural  and  forestry 
practices,  industrial  activities,  tourism  or  urban  development.  These  activities  are 
damaging the capacity of soil to continue to perform in full its broad variety of crucial 
functions.  Soil  is  a  resource  of  common  interest  to  the  Community,  although  mainly 
private  owned,  and  failure  to  protect  it  will  undermine  sustainability  and  long  term 
competitiveness  in  Europe.  Moreover,  soil  degradation  has  strong  impacts  on  other 
areas  of  common  interest  to  the  Community,  such  as  water,  human  health,  climate 
change, nature and biodiversity protection, and food safety. 

Decision  No  1600/2002/EC  laying  down  the  Sixth  Community  Environment  Action 
Programme  includes  the  objective  to  protect  natural  resources  and  to  promote  a 
sustainable use of the soil. Therein the Community committed itself to the adoption of 
a Thematic Strategy on soil protection to halt and reverse soil degradation. 

In  its  2002  Communication  "Towards  a  Thematic  Strategy  on  Soil  Protection" 
(COM(2002) 179), the Commission identified the main eight threats to which soils in 
the  EU  are  confronted.  These  are  erosion,  organic  matter  decline,  contamination, 
salinisation, compaction, soil biodiversity loss, sealing, landslides and flooding. 

130 

•  Existing provisions in the area of the proposal 

Soil has not, to date, been subject to a specific protection policy at Community level. 
Some  soil  protection  aspects  can  be  found  scattered  in  the  acquis,  hence  different 
Community policies can contribute to protect soil. This is the case of many provisions 
in  the  existing  environmental  Community  legislation  in  areas  such  as  water,  waste, 
chemicals,  industrial  pollution  prevention,  nature  protection  and  pesticides.  Positive 
effects on the state of agricultural soils are also expected to result from the introduction 
of  cross-compliance  requirements  related  to  the  introduction  of  agricultural  soil 

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protection  aspects  into  the  reformed  Common  Agricultural  Policy  and  from  the 
contribution  of  Rural  Development.  However,  due  to  their  different  objectives  and 
scopes,  and  to  the  fact  that  they  often  aim  to  safeguard  other  environmental  media, 
existing  provisions,  even  if  fully  implemented,  yield  a  fragmented  and  incomplete 
protection to soil, as they do not cover all soils and all soil threats identified. Hence, 
soil degradation still continues. 

140 

•  Consistency with the other policies and objectives of the Union 

The  proposed  legislation,  which  aims  at  protecting  soil  and  the  preservation  of  the 
capacity of soil to perform its environmental, economic, social and cultural functions, 
is perfectly in line with the objectives of Article 174 of the EC Treaty. It takes account 
of the diversity of situations in the various regions of the Community. It is based on the 
precautionary  principle  and  on  the  principles  that  preventive  action  should  be  taken, 
that  environmental  damage  should  as  a  priority  be  rectified  at  source  and  that  the 
polluter should pay. It has been based on an analysis of the potential benefits and costs 
of  action  or  lack  of  action  as  well  as  the  respect  of  the  economic  and  social 
development  of  the  Community  as  a  whole  and  the  balanced  development  of  its 
regions. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

211 

Consultation methods, main sectors targeted and general profile of respondents 

The  2002  Communication  was  the  subject  of  favourable  conclusions  by  the  other 
European Institutions which recognised that soil has a major role with respect to long 
term sustainability in the Community. 

Starting  February  2003  the  Commission  organised  an  open  stakeholder  consultation 
and  established  a  very  wide  platform  of  more  than  400  members  divided  in  five 
Working  Groups  and  an  Advisory  Forum  with  a  steering  role.  In  June  2004,  the 
Working  Groups  finished  their  very  thorough  reports  which  included  information  on 
the state of soils in Europe, the pressures, the driving forces for soil degradation and a 
set  of  recommendations  addressed  to  the  Commission  for  the  development  of  soil 
policy at Community level. 

In  November  2004,  the  Dutch  Presidency  of  the  Council  and  the  Commission  held  a 
conference  gathering  Member  States  and  participants  of  the  stakeholder  process  who 
expressed strong support for a framework approach based on Community action. 

The Commission carried out an Internet public consultation on possible elements to be 
included in the Thematic Strategy for Soil Protection for a period of eight weeks. The 
consultation  gathered  the  replies  of  1,206  citizens,  377  soil  experts  and  287 
organisations coming from 25 countries. 

212 

Summary of responses and how they have been taken into account 

European citizens as well as soil experts and organisations majoritarily expressed the 
view  that  preventing  and  mitigating  soil  degradation  in  Europe  is  important  or  very 

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important, favoured action taken under the form of a framework adopted at Community 
level and concrete measures adopted at national or local level. 

A  comprehensive  report  on  the  statistical  analysis  of  all  questions,  showing  also  the 
nationality  distribution  of  respondents,  and  how  the  feedback  has  been  taken  into 
account is provided in the Impact Assessment. 

Most of the recommendations from the Working Groups as well as concerns expressed 
in  the  Internet  consultation  have  been  taken  on  board.  Abundant  calls  for  mandatory 
restrictions  on  urban  and  touristic  developments  have  not  been  endorsed  as  the 
Community has limited competences on restricting land use. 

•  Collection and use of expertise 

221 

Domains of scientific expertise concerned 

Soil  science,  agronomical  science,  forestry,  hydrology,  biology,  ecology,  economy, 
social science, political science. 

222 

Methodology used 

The  proposal  is  based  on  the  best  available  scientific  and  technical  knowledge.  Such 
expertise  has been gathered through the very comprehensive stakeholder  consultation 
and  by  contracting  two  independent  studies  to  assess  the  socio-economical  and 
environmental  impacts  of  soil  degradation  as  well  as  the  environmental  and  socio-
economical  impacts  of  the  measures  proposed.  The  reports  drafted  by  the  Working 
Groups  and  published  by  the  Commission,  this  proposal  as  well  as  the  Impact 
Assessment reflect fully the results of this collection of expertise. 

223 

Main organisations/experts consulted 

The  consultation  included  national,  regional  and  local  administrations,  industrial 
associations, trade organisations, environmental organisations, consumer organisations, 
science and research institutes, the European Environment Agency, the Joint Research 
Centre  and  other  Commission  services,  unions,  farmer  organisations,  land  owner 
organisations  as  well  as  many  other  associations  which  had  European  coverage  and 
expressed an interest in soil. 

2244 

Summary of advice received and used 

The  existence  of  potentially  serious  risks  with  irreversible  consequences  has  been 
mentioned. There is unanimity on the existence of such risks. 

225 

There  was  unanimous  consensus  that  soil  shall  be  guaranteed  the  same  level  of 
protection as provided to other environmental media, such as air or water, because soil 
functions are crucial for human and ecosystem survival. It was always highlighted that 
due to the enormous variability of soil across Europe, a "one-fits-all" approach could 
not  be  adopted  as  the  basis  for  Community  soil  policy.  Most  expressed  opinions 
advocated for a flexible system which would allow local specificities of soil and land 
use  to  be  taken  into  account.  Hence,  there  was  a  broad  consensus  that  a  framework 
should  be  adopted  at  European  level  establishing  common  objectives  and  principles, 

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leaving  to  Member  States  the  adoption  of  detailed  measures  at  the  appropriate 
administrative and geographical level. 

226 

Means used to make the expert advice publicly available 

The  reports  drafted  by  the  Working  Groups  have  been  published  by  the  OPOCE  and 
are  available  free  of  charge  also  on  Internet  (http://ec.europa.eu/comm/environment/ 
soil/index.htm). The same web site displays the replies to the public questionnaire from 
experts and organisations. 

230 

•  Impact assessment 

The following options, from less to more prescriptive, have been considered: 

(1) 

(2) 

(3) 

Member  States  are  encouraged  to  take  action  under  a  general  non-binding 
Community soil strategy. 

A  flexible  legal  instrument  which  would  take  the  form  of  a  Soil  Framework 
Directive, ambitious in its scope but not overly prescriptive in its content. 

Legislative  proposals  for  the  different  soil  threats,  setting  also  all  targets  and 
means at Community level. 

The  Commission  carried  out  an  Impact  Assessment,  which  is  accessible  on  http:// 
ec.europa.eu/comm/environment/soil/index.htm. It sets out in more detail the findings 
as regards the socio-economic and environmental impacts due to this proposal. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The proposed Directive includes: 

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–  The  establishment  of  a  common  framework  to  protect  soil  on  the  basis  of  the 
principles  of  preservation  of  soil  functions,  prevention  of  soil  degradation, 
mitigation  of  its  effects,  restoration  of  degraded  soils  and  integration  in  other 
sectoral policies. 

–  The requirement to identify, describe and assess the impact of some sectoral policies 

on soil degradation processes with a view to protect soil functions. 

–  The requirement for land users to take precautionary measures when their use of the 

soil can be expected to significantly hamper soil functions. 

–  An approach to soil sealing to ensure a more rational use of land in accordance with 
Article 174 of the EC Treaty and to maintain as many soil functions as possible. 

–  Identification  of  areas  at  risk  of  erosion,  organic  matter  decline,  salinisation, 
compaction and landslides, and establishment of national programmes of measures. 
The  extent  of  the  areas  at  risk  of  these  threats  need  to  be  identified.  To  ensure  a 
coherent and comparable approach, the identification of risk must be carried out on 
the basis of common elements. These elements include parameters which are known 

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to be driving forces for the different threat. Risk reduction targets and programmes 
of measures to reach those targets will have to be adopted. Programmes can build on 
standards  and  measures  already  identified  and  implemented  in  national  and 
Community contexts. 

–  Measures  to  limit  the  introduction  of  dangerous  substances  into  the  soil,  to  avoid 
accumulation  in  soil  that  would  hamper  soil  functions  and  create  a  risk  to  human 
health and the environment. 

–  Setting  up  an  inventory  of  contaminated  sites,  a  mechanism  for  funding  the 
remediation of orphan sites, a soil status report, and establishing a national strategy 
for remediation of the contaminated sites identified. The definition of contaminated 
sites and a list of potentially soil polluting activities are established. These are the 
basis for locating the sites which can potentially be contaminated, as a preliminary 
step  to  the  establishment  of  an  inventory  of  effectively  contaminated  sites.  This 
would be complemented by the obligation for seller or prospective buyer to provide 
a  soil  status  report  for  any  transaction  of  land  where  a  potentially  contaminating 
activity  has  taken  or  is  taking  place.  A  similar  provision,  concerning  the  energy 
performance of buildings, already exists in Community legislation (see Article 7 in 
Directive 2002/91/EC). 

310 

•  Legal basis 

The  provisions  of  this  Directive  relate  to  environmental protection,  and  consequently 
the legal base chosen is Article 175(1) of the EC Treaty. 

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•  Subsidiarity principle 

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The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reasons. 

Soil degradation in one Member State or region can have transboundary consequences. 
Indeed,  dams  are  blocked  and  infrastructure  is  damaged  downstream  by  sediments 
massively  eroded  in  another  country  farther  upstream.  Equally,  groundwater  bodies 
flowing through bordering nations can be polluted by contaminated sites on one side of 
the  border.  Losses  of  soil  organic  matter  in  one  Member  State  can  impair  the 
achievement of the Kyoto protocol targets by the Community. This would imply that 
the costs to restore environmental quality are borne by a Member State different from 
that where the soil degrading practice occurred. 

Wide differences between national soil protection regimes, in particular as regards soil 
contamination,  can  in  some  cases  impose  on  economic  operators  very  different 
obligations, thus creating an unbalanced situation for their fixed costs and a distortion 
of competition in the internal market. 

Uptake by food and feed crops of contaminants in the soil may have an impact on the 
quality of products which are traded freely within the internal market posing a risk for 
human  or  animal  health.  Acting  at  source  at  Community  level  will  complement  the 

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quality controls performed at the national level to ensure food safety. 

The health of European citizens can be impaired in different ways by soil degradation, 
some  being  the  direct  or  indirect  exposure  to  soil  contaminants.  Equally,  casualties 
may occur in the event of landslides. 

Community action will better achieve the objectives of the proposal for the following 
reasons. 

Soil  degradation  affects  other  environmental  areas  for  the  protection  of  which 
Community  legislation  exists  (e.g.  water,  nature,  biodiversity,  climate  change). 
Community  action  on  soil  protection  will  close  the  gaps  and  ensure  a  consistent  and 
efficient environmental quality protection across media. Soil protection contributes to 
ensure food safety and agricultural productivity on the long term, which underpins the 
Common Agriculture Policy funded by the Community. Having common principles to 
define  what  is  considered  to  be  a  sustainable  use  of  soil,  will  allow  to  articulate  the 
research agendas at national and Community level and thus make a more efficient use 
of research and development funds to fill in the knowledge gaps. 

The  Community,  by  acquiring  an  ambitious  and  coherent  framework  which  will 
translate in a better knowledge and management of soil, can play a leading role in the 
international arena, where other countries are in considerable need of transfer of know-
how and technical assistance. 

So  far,  without  Community  action  to  underpin  the  efforts,  only  nine  Member  States 
have  specific  legislation  on  soil  protection,  the  others  rely  on  some  provisions 
preserving  soil  in  different  other  policies.  Most  of  the  existing  national  provisions 
tackle the problem of soil contamination and, though the other threats are recognised, 
there is a lack of focus on a wider preservation of soil functions. The best indicator to 
demonstrate  that  this  objective  can  be  better  achieved  with  a  common  Community 
action  is  that  progress  achieved  in  ensuring  a  sustainable  use  diverges  enormously 
between Member States. 

The  proposal  aims  at  achieving  common  principles,  objectives  and  actions  for  all 
Member States to ensure a fair level playing field and to ensure that all Member States 
are tackling all threats to which soils are confronted in their national territory and do 
not address soil protection in a partial way. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

The proposed instrument is a Directive establishing a framework for the protection of 
soil and the preservation of its functions. To ensure proportionality, much scope is left 
to  the  Member  States  to  identify  the  most  appropriate  specific  measures  at  the  most 
appropriate  geographical  and  administrative  level.  This  is  crucial  to  ensure  that  the 
regional  and 
local 
climatological  conditions  and  socio-economic  aspects  can  be  properly  taken  into 
account. 

local  specificities  as  regards  soil  variability, 

land  uses, 

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332 

341 

342 

The  level  of  intervention  is  to  be  decided  by  Member  States,  allowing  for  a  more 
efficient use of their national administrative capabilities. Some additional and financial 
administrative  obligations  will  arise,  in  particular  for  the  Member  States  which  have 
not 
the 
environmental,  economical  and  social  benefits  of  the  measures,  as  described  in  the 
Impact Assessment, outweigh significantly the costs incurred. 

tackled  soil  protection  at  national  or  regional 

level.  Nevertheless, 

•  Choice of instruments 

Proposed instrument: framework directive. 

Other means would not be adequate for the following reason. 

A  more  prescriptive  instrument,  such  as  a  regulation,  would  not  allow  taking  into 
account  the  variability  of  soil  and  would  not  provide  the  flexibility  needed  to  reflect 
local  conditions.  On  the  other  hand,  a  non-binding  instrument  would  not  ensure  the 
sustainable use of a common natural resource across Europe and would not prevent the 
distortion of competition caused by very diverging national regimes. 

4)  BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

The proposal includes a review clause. 

•  Correlation table 

531 

550 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of 
national  provisions  transposing  the  Directive  as  well  as  a  correlation  table  between 
those provisions and this Directive. 

560 

•  European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

E-13860 

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2006/0086(COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a framework for the protection of soil and amending Directive 2004/35/EC 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 175(1) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

Soil is essentially a non-renewable resource in that the degradation rates can be rapid 
whereas  the  formation  and  regeneration  processes  are  extremely  slow.  It  is  a  very 
dynamic system which performs many functions and delivers services vital to human 
activities and to the survival of ecosystems. These functions are biomass production, 
storing,  filtering  and  transforming  nutrients  and  water,  hosting  the  biodiversity  pool, 
acting  as  a  platform  for  most  human  activities,  providing  raw  materials,  acting  as  a 
carbon pool and storing the geological and archeological heritage. 

(2) 

Soil  degradation  or  soil  improvements  have  a  major  impact  on  other  areas  of 
Community interest, such as surface water and groundwater protection, human health, 
climate change, protection of nature and biodiversity, and food safety. 

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[…] 
[…] 
[…] 
[…] 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Soil is a natural resource of common interest which is under increasing environmental 
pressure  and  is  to  be  protected  from  degradation  in  its  own  right.  Decision  No 
1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying 
down the Sixth Community Environment Action Programme5
 includes the objective of 
protecting natural resources and promoting a sustainable use of soil. 

The Communication of the Commission to the European Parliament and the Council 
“Towards  a  Thematic  Strategy  on  Soil  Protection”6  identifies  the  main  eight  soil 
degradation  processes  to  which  soils  in  the  EU  are  confronted.  These  are  erosion, 
organic matter decline, contamination, salinisation, compaction, soil biodiversity loss, 
sealing, landslides and flooding. The current scientific knowledge on soil biodiversity 
and its behaviour is too limited to allow for specific provisions in this Directive aiming 
at  its  protection.  The  prevention  and  mitigation  of  the  effects  of  floods  have  been 
addressed by the proposal for a Directive of the European Parliament and the Council 
on the assessment and management of floods7.  

Soil  variability  is  very  high  in  the  Community  and  enormous  differences  exist  in  its 
structural, physical, chemical and biological state both within individual profiles and 
between soils. These diverse conditions and needs in the Community should be taken 
into account as they require different specific solutions for the identification of areas at 
risk, definition of targets and execution of appropriate measures to ensure protection of 
soil. 

Community  legislation,  for  instance  in  the  fields  of  waste,  chemicals,  industrial 
pollution  prevention  and  control,  climate  change,  water,  and  agriculture  and  rural 
development,  includes  some  provisions  on  soil  protection,  but  these  are  neither 
designed  nor  sufficient  to  protect  all  soils  against  all  degradation  processes.  Hence 
there  is  a  need  for  a  coherent  and  effective  legislative  framework,  providing  for 
common principles and objectives aiming at protection and sustainable use of soil in 
the Community. 

Soil  should  be  used  in  a  sustainable  manner  which  preserves  its  capacity  to  deliver 
ecological, economic and social services, while maintaining its functions so that future 
generations can meet their needs. 

The aim of this Directive is to ensure the protection of soil, based on the principles of 
preservation of soil functions, prevention of soil degradation, mitigation of its effects, 
restoration of degraded soils and integration into other sectoral policies by establishing 
a common framework and actions. 

A common framework is needed in order to articulate the efforts of Member States to 
improve  the  protection  of  soils  and  its  sustainable  use,  to  control  the  transboundary 
soil degradation effects, to protect aquatic and terrestrial ecosystems, and to preclude 
distortion of competition between economic operators. 

5 
6 
7 

OJ L 242, 10.9.2002, p. 1. 
COM(2002) 179. 
COM(2006) 15. 

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(10)  Since  the  objectives  of  the  action  to  be  taken,  namely  to  establish  a  common 
framework for the protection of soil, cannot be sufficiently achieved by the Member 
States and can therefore be better achieved at Community level by reason of the scale 
of  the  problem  and  its  implications  in  respect  of  other  Community  legislation  on 
nature protection, water protection, food safety, climate change, agriculture and areas 
of  common  interest,  such  as  human  health  protection,  the  Community  may  therefore 
adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 
of  the  Treaty.  In  accordance  with  the  principle  of  proportionality,  as  set  out  in  that 
Article, this Directive does not go beyond what is necessary in order to achieve that 
objective. 

(11)  As some sectoral policies may either exacerbate or mitigate soil degradation processes, 
further  integration  of  soil  protection  aspects  into  such  policies  is  necessary.  This 
Directive should make provision for Member States to identify and assess the impact 
of these policies on the prevention of soil degradation processes and the protection of 
soil functions. 

(12) 

In  contrast  to  air  and  water,  soil  is  mainly  privately  owned  in  the  Community. 
Nevertheless  it  is  a  natural  resource  of  common  interest  that  has  to  be  protected  for 
future  generations.  In  the  public  interest,  therefore,  land  users  should  be  required  to 
take precautionary measures when their use of the soil can be expected to significantly 
hamper soil functions. 

(13)  Sealing is becoming significantly more intense in the Community as a result of urban 
sprawl  and  increasing  demand  for  land  from  many  sectors  of  the  economy,  and  this 
calls for a more sustainable use of soil. Appropriate measures are needed to limit soil 
sealing, for instance by rehabilitating brownfield sites, thus reducing the depletion of 
greenfield  sites.  Where  sealing  does  occur  Member  States  should  provide  for 
construction  and  drainage  techniques  that  would  allow  as  many  soil  functions  as 
possible to be preserved. 

(14)  A  targeted  and  efficient  soil  protection  policy  should  be  based  on  the  knowledge  of 
where  degradation  is  occurring.  It  is  recognised  that  certain  degradation  processes, 
such as erosion, organic matter decline, compaction, salinisation and landslides, occur 
only  in  specific  areas  which  are  more  at  risk  of  such  processes.  This  requires  the 
identification of such risk areas. 

(15)  To  ensure  a  coherent  and  comparable  approach  in  the  different  Member  States, 
identification of risk areas for erosion, organic matter decline, compaction, salinisation 
and  landslides  should  be  based  on  a  common  methodology  which  includes  elements 
known to be driving forces for the various degradation processes. 

(16) 

In  the  risk  areas  identified,  measures  should  be  taken  to  prevent  further  soil 
degradation by reducing the risk of it occurring and restoring degraded soils in order to 
preserve soil functions. 

(17)  Action  is  to  be  taken  under  the  responsibility  of  Member  States,  at  the  most 
appropriate level, based on the establishment of risk reduction targets and programmes 
of measures to reach those targets. 

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(18)  Such  programmes  of  measures  should  take  into  account  the  social  and  economic 
impact of the measures envisaged; they should be reviewed periodically and may build 
on obligations, plans and programmes already set up under Community legislation or 
international agreements. 

(19)  This  Directive  should  contribute  to  halting  desertification,  which  results  from 
concurrent degradation processes, and soil biodiversity loss, and enhance cooperation 
in  the  implementation  of  the  United  Nations  Convention  to  Combat  Desertification 
and the Convention on Biological Diversity to which the Community is a party, and 
will enhance the implementation of these international environmental agreements. 

(20) 

In  compliance  with  the  prevention  principle  as  laid  down  in  Article  174  of  the  EC 
Treaty,  this  Directive  should  contribute  to  the  prevention  and  reduction  of  the 
introduction  of  dangerous  substances  into  soil  to  avoid  soil  contamination  and  to 
preserve soil functions. 

(21)  Earlier  industrialisation  and  poor  or  inappropriate  management  practices  have  left  a 
legacy  of  hundreds  of  thousands  of  contaminated  sites  in  the  Community  which  call 
for a common strategy to manage historical contamination of soil in order to prevent 
and mitigate harmful effects on human health and the environment. 

(22) 

In  order  to  successfully  prevent  and  limit  risk  to  human  health  and  the  environment 
stemming  from  soil  contamination,  Member  States  should  identify  the  sites  which 
according  to  their  assessment  are  posing  a  significant  risk  in  this  regard.  Given  the 
number  of  sites  which  are  likely  to  be  contaminated,  their  identification  requires  a 
systematic  step-by-step  approach.  To  monitor  progress  on  the  identification  of  the 
contaminated sites a timetable is needed. 

(23)  To support the identification of contaminated sites and to secure a common approach, 
it  is  necessary  to  establish  a  common  list  of  activities  which  can  have  a  significant 
potential  to  cause  soil  contamination.  This  common  list  of  potentially  soil  polluting 
activities may be complemented by other more comprehensive lists adopted at national 
level. 

(24)  The identification of contaminated sites should be reflected in a national inventory of 
contaminated  sites  to  be  updated  regularly  and  made  available  for  the  public  to 
consult. Previous and current efforts by Member States to identify contaminated sites 
should be taken into account. 

(25) 

In order to assist in the rapid identification of contaminated sites, the owner of a site 
where,  according  to  official  records  such  as  national  registers  or  cadastres,  a  soil-
polluting activity has taken or is taking place, or the prospective buyer should, prior to 
completing the land transaction, provide relevant information on the status of the soil 
to the competent authority and to the other party in the transaction. The provision of 
such  information  at  the  time  when  a  land  transaction  is  being  planned,  will  help  to 
speed up the completion of the inventory of contaminated sites. It will also make the 
prospective buyer aware of the state of the soil and enable him to make an informed 
choice. 

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12 

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(26)  Taking  into  account  the  polluter  pays  principle,  Member  States  should  ensure  that 
action  is  taken  to  remediate  the  contaminated  sites  identified  within  their  national 
territory. 

(27)  A National Remediation Strategy should be established, in particular for the purposes 
of  setting  remediation  targets  and  the  order  of  priority  in  which  sites  should  be 
remediated. 

(28) 

In those contaminated sites where the polluter cannot be found, cannot be held liable 
for the pollution under national or Community legislation or cannot be made to bear 
the costs of remediation, also known as orphan sites, responsibility for reducing risk to 
human  health  and  the  environment  should  fall  on  the  Member  States.  For  those 
purposes, Member States should put in place specific funding mechanisms to ensure a 
durable financial source for the remediation of such sites. 

(29)  Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 
on  environmental  liability  with  regard  to  the  prevention  and  remedying  of 
environmental damage8 establishes that, for orphan sites, remedial action may be taken 
by the competent authority as a last resort. That Directive should therefore be amended 
in order to align it with the remediation obligations laid down in this Directive. 

(30)  There is little public awareness of the importance of soil protection, and it is therefore 
necessary to introduce measures to improve knowledge, exchange of information and 
best practices. 

(31)  The  success  of  this  Directive  relies  on  close  cooperation  and  coherent  action  at 
Community, Member State and local level as well as on information, consultation and 
involvement  of  the  public,  pursuant  to  Community  obligations  under  the  UNECE 
Aarhus Convention on Access to Information, Public Participation in Decision-making 
and  Access  to  Justice  in  Environmental  Matters.  Thus,  for  the  preparation, 
modification and review of the programmes of measures on risk areas and the National 
Remediation  Strategies,  it  is  appropriate  to  provide  for  the  application  of  Directive 
2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing 
for public participation in respect of the drawing up of certain plans and programmes 
relating  to  the  environment  and  amending  with  regard  to  public  participation  and 
access to justice Council Directives 85/337/EEC and 96/61/EC9. 

(32) 

It is recognised that different risk assessment methodologies for contaminated sites are 
currently  being  applied  in  Member  States.  In  order  to  move  towards  a  common 
approach  ensuring  neutral  conditions  of  competition  and  a  coherent  soil  protection 
regime,  a  thorough  exchange  of  information  is  needed  to  establish  the  suitability  of 
harmonising some of the elements of risk assessment as well as to further develop and 
improve the methodologies on eco-toxicological risk assessment. 

(33)  Provision should be made to allow the rapid adaptation of methods of identification of 
risk  areas  in  Member  States  including  regularly  reviewing  the  common  elements 
therein. 

8 
9 

OJ L 143, 30.4.2004, p. 56. 
OJ L 156, 25.6.2003, p. 17. 

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(34)  Provisions  should  be  adopted  as  regards  the  data  exchange  formats  and  data  quality 
criteria  and  these  would  need  to  be  consistent  with  the  establishment  of  any 
infrastructure for spatial information in the Community. 

(35)  This Directive respects the fundamental rights and observes the principles recognised 
in  particular  by  the  Charter  of  Fundamental  Rights  of  the  European  Union.  In 
particular,  this  seeks  to  promote  the  integration  into  Community  policies  of  a  high 
level  of  environmental  protection  in  accordance  with  the  principle  of  sustainable 
development as laid down in Article 37 of the Charter of Fundamental Rights of the 
European Union. 

(36)  The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission10, 

HAVE ADOPTED THIS DIRECTIVE: 

Chapter I 
General provisions 

Article 1 
Subject-matter and scope 

1. 

This Directive establishes a framework for the protection of soil and the preservation 
of  the  capacity  of  soil  to  perform  any  of  the  following  environmental,  economic, 
social and cultural functions: 

(a) 

biomass production, including in agriculture and forestry; 

(b) 

storing, filtering and transforming nutrients, substances and water; 

(c) 

biodiversity pool, such as habitats, species and genes; 

(d)  physical and cultural environment for humans and human activities; 

(e) 

source of raw materials; 

(f) 

acting as carbon pool; 

(g) 

archive of geological and archeological heritage. 

To that end, it lays down measures for the prevention of soil degradation processes, 
both  occurring  naturally  and  caused  by  a  wide  range  of  human  activities,  which 
undermine the capacity of a soil to perform those functions. Such measures include 
the mitigation of the effects of those processes, and the restoration and remediation 

10 

OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 

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14 

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of  degraded  soils  to  a  level  of  functionality  consistent  at  least  with  the  current  and 
approved future use. 

2. 

This Directive shall apply to soil forming the top layer of the  earth’s crust  situated 
between  the  bedrock  and  the  surface,  excluding  groundwater  as  defined  in  Article 
2(2) of Directive 2000/60/EC of the European Parliament and of the Council11. 

Article 2 
Definitions 

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

(1) 

(2) 

‘sealing’  means  the  permanent  covering  of  the  soil  surface  with  an  impermeable 
material; 

‘dangerous  substances’  means  substances  or  preparations  within  the  meaning  of 
Council  Directive  67/548/EC12  and  Directive  1999/45/EC  of 
the  European 
Parliament and of the Council13. 

Article 3 
Integration 

In  the  development  of  sectoral  policies  likely  to  exacerbate  or  reduce  soil  degradation 
processes, Member States shall identify, describe and assess the impacts of such policies on 
these  processes,  in  particular  in  the  areas  of  regional  and  urban  spatial  planning,  transport, 
energy,  agriculture,  rural  development,  forestry,  raw  material  extraction,  trade  and  industry, 
product policy, tourism, climate change, environment, nature and landscape. 

Member States shall make public those findings. 

Article 4 
Precautionary measures 

Member States shall ensure that any land user whose actions affect the soil in a way that can 
reasonably be expected to hamper significantly the soil functions referred to in Article 1(1) is 
obliged to take precautions to prevent or minimise such adverse effects. 

Article 5 
Sealing 

For  the  purposes  of  preserving  the  soil  functions  referred  to  in  Article  1(1),  Member  States 
shall  take  appropriate  measures  to  limit  sealing  or,  where  sealing  is  to  be  carried  out,  to 
mitigate its effects in particular by the use of construction techniques and products which will 
allow as many of those functions as possible to be maintained. 

11 
12 
13 

OJ L 327, 22.12.2000, p. 1. 
OJ L 196, 16.8.1967, p. l. 
OJ L 200, 30.7.1999, p. 1. 

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15 

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Chapter II 
Risk prevention, mitigation and restoration 

SECTION ONE 
IDENTIFICATION OF RISK AREAS 

Article 6 
Identification of risk areas of erosion, organic matter decline, compaction, salinisation and 
landslides 

1. 

Within five years from [transposition date], Member States shall identify the areas in 
their national territory, at the appropriate level, where there is decisive evidence, or 
legitimate grounds for suspicion, that one or more of the following soil degradation 
processes  has  occurred  or  is  likely  to  occur  in  the  near  future,  hereinafter  “the  risk 
areas”: 

(a) 

erosion by water or wind; 

(b)  organic  matter  decline  brought  about  by  a  steady  downward  trend  in  the 
organic  fraction  of  the  soil,  excluding  undecayed  plant  and  animal  residues, 
their partial decomposition products, and the soil biomass; 

(c) 

compaction through an increase in bulk density and a decrease in soil porosity; 

(e) 

salinisation through the accumulation in soil of soluble salts; 

(f) 

landslides  brought  about  by  the  down-slope,  moderately  rapid  to  rapid 
movement of masses of soil and rock material. 

For  the  purposes  of  that  identification,  Member  States  shall,  in  respect  of  each  of 
those soil degradation processes, use at least the elements listed in Annex I and shall 
take  into  account  the  effects  of  those  processes  in  exacerbating  greenhouse  gas 
emissions and desertification.  

2. 

The risk areas identified pursuant to paragraph 1 shall be made public and reviewed 
at least every ten years. 

Article 7 
Methodology 

Member  States  may  base  the  identification  of  risk  areas  on  empirical  evidence  or  on 
modelling. If modelling is used, the models must be validated by comparing the results on the 
basis of empirical data which have not been used for the development of the model itself. 

EN 

16 

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SECTION TWO 
ESTABLISHMENT OF TARGETS AND PROGRAMMES OF MEASURES 

Article 8 
Programmes of measures to combat erosion, organic matter decline, compaction, salinisation 
and landslides 

1. 

2. 

3. 

4. 

For the purposes of preserving the soil functions referred to in Article 1(1), Member 
States shall in respect of the risk areas identified in accordance with Article 6, draw 
up,  at  the  appropriate  level,  a  programme  of  measures  including  at  least  risk 
reduction targets, the appropriate measures for reaching those targets, a timetable for 
the implementation of those measures and an estimate of the allocation of private or 
public means for the funding of those measures. 

When drawing up and revising the programmes of measures pursuant to paragraph 1, 
Member  States  shall  give  due  consideration  to  the  social  and  economic  impacts  of 
the measures envisaged. 

Member States shall ensure that measures are cost-effective, technically feasible and 
shall  carry  out  impact  assessments,  including  cost-benefit  analyses,  prior  to  the 
introduction of the programmes of measures. 

Member States shall indicate in their programmes of measures how the measures are 
to be implemented and how they will contribute to achievement of the environmental 
targets established. 

Where  an  area  is  at  risk  from  different  concurrent  soil  degradation  processes, 
Member  States  may  adopt  a  single  programme  in  which  appropriate  risk  reduction 
targets are to be set for all the risks identified together with the appropriate measures 
for reaching those targets. 

The  programme  of  measures  shall  be  drawn  up  within  seven  years  from 
[transposition  date]  and  shall  be  in  application  no  later  than  eight  years  after  that 
date. 

The  programme  of  measures  shall  be  made  public  and  shall  be  reviewed  at  least 
every five years. 

EN 

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Chapter III 
Soil contamination 

SECTION ONE 
PREVENTION AND INVENTORY 

Article 9 
Prevention of soil contamination 

For  the  purposes  of  preserving  the  soil  functions  referred  to  in  Article  1(1),  Member  States 
shall  take  appropriate  and  proportionate  measures  to  limit  the  intentional  or  unintentional 
introduction of dangerous substances on or in the soil, excluding those due to air deposition 
and those due to a natural phenomenon of exceptional, inevitable and irresistible character, in 
order to avoid accumulation that would hamper soil functions or give rise to significant risks 
to human health or the environment. 

1. 

2. 

1. 

2. 

Article 10 
Inventory of contaminated sites 

Member  States  shall,  in  accordance  with  the  procedure  laid  down  in  Article  11, 
identify  the  sites  in  their  national  territory  where  there  is  a  confirmed  presence, 
caused by man, of dangerous substances of such a level that Member States consider 
they  pose  a  significant  risk  to  human  health  or  the  environment,  hereinafter 
“contaminated sites”. 

That risk shall be evaluated taking into account current  and  approved future use of 
the land. 

Member States shall establish a national inventory of contaminated sites, hereinafter 
“the inventory”. The inventory shall be made public and reviewed at least every five 
years. 

Article 11 
Identification procedure 

Each  Member  State  shall  designate  a  competent  authority  to  be  responsible  for  the 
identification of contaminated sites. 

Within  five  years  from  [transposition  date],  the  competent  authorities  shall  have 
identified  the  location  of  at  least  the  sites  where  the  potentially  soil-polluting 
activities referred to in Annex II are taking place or have taken place in the past. 

For  those  purposes,  the  activities  referred  to  in  point  2  of  Annex  II  shall  be 
considered independently of the thresholds specified in Annex I to Council Directive 
96/61/EC14,  except  for  the  activities  carried  out  by  micro-enterprises,  as  defined  in 

14 

OJ L 257, 10.10.1996, p. 26. 

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18 

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point 3 of Article 2 in the Annex to Commission Recommendation 2003/361/EC15, 
and those relative to the rearing of livestock. 

The identification shall be reviewed at regular intervals. 

In accordance with the following time-table, the competent authorities shall measure 
the concentration levels of dangerous substances in the sites identified in accordance 
with paragraph 2, and where the levels are such that there may be sufficient reasons 
to believe that they pose a significant risk to human health or the environment, an on-
site risk assessment shall be carried out in relation to those sites: 

(a)  within five years from [transposition date], for at least 10% of the sites; 

(b)  within 15 years from [transposition date], for at least 60% of the sites; 

(c)  within 25 years from [transposition date], for the remaining sites. 

Article 12 
Soil status report 

Where a site is to be sold on which a potentially polluting activity listed in Annex II 
is taking place, or for which the official records, such as national registers, show that 
it  has  taken  place,  Member  States  shall  ensure  that  the  owner  of  that  site  or  the 
prospective  buyer  makes  a  soil  status  report  available  to  the  competent  authority 
referred to in Article 11 and to the other party in the transaction. 

The soil status report shall be issued by an authorised body or person appointed by 
the Member State. It shall include at least the following details: 

(a) 

the background history of the site, as available from official records; 

(b) 

(c) 

a  chemical  analysis  determining  the  concentration  levels  of  the  dangerous 
substances  in  the  soil,  limited  to  those  substances  that  are  linked  to  the 
potentially polluting activity on the site; 

the concentration levels at which there are sufficient reasons to believe that the 
dangerous substances concerned pose a significant risk to human health  or to 
the environment. 

Member  States  shall  establish  the  methodology  necessary  for  determining  the 
concentration levels referred to in paragraph 2(b). 

The  information  contained  in  the  soil  status  report  shall  be  used  by  the  competent 
authorities  for  the  purposes  of  identifying  contaminated  sites  in  accordance  with 
Article 10(1). 

3. 

1. 

2. 

3. 

4. 

15 

OJ L 124, 20.5.2003, p. 36. 

EN 

19 

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SECTION TWO 
REMEDIATION 

Article 13 
Remediation 

1. 

2. 

3. 

1. 

2. 

Member States shall ensure that the contaminated sites listed in their inventories are 
remediated. 

Remediation  shall  consist  of  actions  on  the  soil  aimed  at  the  removal,  control, 
containment  or  reduction  of  contaminants  so  that  the  contaminated  site,  taking 
account  of  its  current  use  and  approved  future  use,  no  longer  poses  any  significant 
risk to human health or the environment. 

Member  States  shall  set  up  appropriate  mechanisms  to  fund  the  remediation  of  the 
contaminated  sites  for  which,  subject  to  the  polluter  pays  principle,  the  person 
responsible  for  the  pollution  cannot  be  identified  or  cannot  be  held  liable  under 
Community  or  national  legislation  or  may  not  be  made  to  bear  the  costs  of 
remediation. 

Article 14 
National Remediation Strategy 

Member  States  shall,  on  the  basis  of  the  inventory  and  within  seven  years  from 
[transposition  date],  draw  up  a  National  Remediation  Strategy,  including  at  least 
remediation targets, a prioritisation, starting with those sites which pose a significant 
risk to human health, a timetable for implementation, and the funds allocated by the 
authorities  responsible  for  budgetary  decisions  in  the  Member  States  in  accordance 
with their national procedures. 

Where  containment  or  natural  recovery  are  applied,  the  evolution  of  the  risk  to 
human health or the environment shall be monitored. 

The  National  Remediation  Strategy  shall  be  in  application  and  be  made  public  no 
later than eight years after [transposition date]. It shall be reviewed at least every five 
years. 

Chapter IV 
Awareness raising, reporting and exchange of information 

Article 15 
Awareness raising and public participation 

1. 

Member  States  shall  take  appropriate  measures  to  raise  awareness  about  the 
importance  of  soil  for  human  and  ecosystem  survival,  and  promote  the  transfer  of 
knowledge and experience for a sustainable use of soil. 

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2. 

Article 2(1), (2), (3) and (5) of Directive 2003/35/EC shall apply to the preparation, 
modification and review of the programmes of measures on risk areas referred to in 
Article 8 and the National Remediation Strategies referred to in Article 14. 

Article 16 
Reporting 

1. 

Member  States  shall  make  the  following  information  available  to  the  Commission 
within eight years from [transposition date], and every five years thereafter: 

(a) 

a summary of the initiatives taken pursuant to Article 5; 

(b) 

the risk areas established pursuant to Article 6(1); 

(c) 

the methodology used for risk identification pursuant to Article 7; 

(d) 

the  programmes  of  measures  adopted  pursuant  to  Article  8  as  well  as  an 
assessment of the efficiency of the measures to reduce the risk and occurrence 
of soil degradation processes; 

(e) 

the  outcome  of  the  identification  pursuant  to  Article  11(2)  and  (3)  and  the 
inventory of contaminated sites established pursuant to Article 10(2); 

(f) 

the National Remediation Strategy adopted pursuant to Article 14; 

(g) 

a summary of the initiatives taken pursuant to Article 15 as regards awareness 
raising. 

2. 

The information referred to in paragraph 1(b) shall be accompanied by metadata and 
shall be made available as documented digital georeferenced data in a format that can 
be read by a geographic information system (GIS). 

Article 17 
Exchange of information 

Within  one  year  from  [entry  into  force],  the  Commission  shall  set  up  a  platform  for  the 
exchange  of  information  between  Member  States  and  stakeholders  on  the  risk  area 
identification  pursuant  to  Article  6  and  on  risk  assessment  methodologies  for  contaminated 
sites currently in use or under development. 

Chapter V 
Final provisions 

Article 18 
Implementation and adaptation to technical progress 

1. 

The  Commission  may,  in  accordance  with  the  regulatory  procedure  with  scrutiny 
referred to in Article 19(3), adapt Annex I to technical and scientific progress. 

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21 

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2. 

3. 

1. 

2. 

3. 

4. 

1. 

2. 

Where, on the basis of the exchange of information referred to in Article 17, a need 
to harmonise the risk assessment methodologies for soil contamination is identified, 
the Commission shall adopt common criteria for soil contamination risk assessment 
in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in  Article 
19(3). 

Within  four  years  after  [date  of  entry  into  force],  the  Commission  shall  adopt,  in 
accordance with the regulatory procedure referred to in Article 19(2), the necessary 
provisions  on  data  and  metadata  quality,  utilisation  of  historical  data,  methods, 
access,  and  data-exchange  formats  for  the  implementation  of  the  provisions  of 
Article 16. 

Article 19 
Committee 

The Commission shall be assisted by a committee, hereinafter “the Committee”. 

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three 
months. 

Where reference is made to this paragraph, Article 5a, paragraphs 1 to 4 and Article 
7 of Decision 1999/468/EC shall apply. 

The Committee shall adopt its rules of procedure. 

Article 20 
Commission report 

The Commission shall publish a first evaluation report on the implementation of this 
Directive  within  two  years  of  receiving  the  programmes  of  measures  and  National 
Remediation Strategies. 

The Commission shall publish further reports every five years thereafter. 

It shall submit the reports to the European Parliament and to the Council. 

The  reports  provided  for  in  paragraph  1  shall  include  a  review  of  progress  in  the 
implementation of this Directive based on an assessments made by the Commission 
pursuant to Article 16. 

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Article 21 
Review 

The Commission shall review this Directive at the latest [15 years after the date of entry into 
force] and shall, where appropriate, propose any necessary amendments. 

Article 22 
Penalties 

The Member  States  shall  lay  down  the rules on penalties  applicable to  infringements  of the 
national provisions adopted pursuant to this Directive and shall take all measures necessary to 
ensure that they are implemented. The penalties provided for must be effective, proportionate 
and  dissuasive.  The  Member  States  shall  notify  those  provisions  to  the  Commission  by  the 
date  specified  in  Article  24  at  the  latest  and  shall  notify  it  without  delay  of  any  subsequent 
amendment affecting them. 

Article 23 
Amendment to Directive 2004/35/EC 

In Article 6 of Directive 2004/35/EC, paragraph 3 is replaced by the following: 

The  competent  authority  shall  require  the  remedial  measures  to  be  taken  by  the 
“3. 
operator. Subject to Article 13(1) of Directive xx/xx/xx, if the operator fails to comply with 
the  obligations  laid  down  in  paragraph  1  or  2(b),  (c)  or  (d)  of  this  Article,  or  cannot  be 
identified  or  is  not  required  to  bear  the  costs  under  this  Directive,  those  measures  may  be 
taken by the competent authority itself.” 

Article 24 

Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  [24  months  after  the  date  of 
entry into force] at the latest. They shall forthwith communicate to the Commission 
the text of those provisions and a correlation table between those provisions and this 
Directive. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

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Article 25 

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 26 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 

SECTION 1 

COMMON ELEMENTS FOR THE IDENTIFICATION OF AREAS AT RISK OF 
EROSION 

Soil typological unit (STU) (soil type) 

Soil texture (STU level) 

Soil density, hydraulic properties (STU level) 

Topography, including slope gradient and slope length 

Land cover 

Land use (including land management, farming systems and forestry) 

Climate (including rainfall distribution and wind characteristics) 

Hydrological conditions 

Agro-ecological zone 

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SECTION 2 

COMMON ELEMENTS FOR THE IDENTIFICATION OF AREAS AT RISK OF SOIL 
ORGANIC MATTER DECLINE 

Soil typological unit (STU) (soil type) 

Soil texture/clay content 

Soil organic carbon (total and humus concentration)  

Soil organic carbon (stock) 

Climate (including rainfall distribution and wind characteristics) 

Topography 

Land cover 

Land use (including land management, farming systems and forestry) 

EN 

26 

   EN 

 
 
SECTION 3 

COMMON ELEMENTS FOR THE IDENTIFICATION OF AREAS AT RISK OF 
COMPACTION 

Soil typological unit (STU) (soil type) 

Topsoil and subsoil texture (STU level) 

Topsoil and subsoil bulk density (STU level) 

Soil organic matter (STU level) 

Climate 

Land cover 

Land use (including land management, farming systems and forestry) 

Topography 

EN 

27 

   EN 

 
 
SECTION 4 

COMMON ELEMENTS FOR THE IDENTIFICATION OF AREAS AT RISK OF 
SALINISATION 

Soil typological unit (STU) (soil type) 

Soil texture (STU level) 

Soil hydraulic properties 

Irrigation areas, chemical properties of irrigated water and type of irrigation techniques 

Groundwater information 

Climate  

EN 

28 

   EN 

 
 
SECTION 5 

COMMON ELEMENTS FOR THE IDENTIFICATION OF AREAS AT RISK OF 
LANDSLIDES 

Soil typological unit (STU) (soil type) 

Occurrence/density of existing landslides 

Bedrock 

Topography 

Land cover 

Land use (including land management, farming systems and forestry) 

Climate 

Seismic risk 

EN 

29 

   EN 

 
 
ANNEX II 
List of potentially soil polluting activities 

Establishments where dangerous substances are or were present in quantities equal to 
or  in  excess  of  the  amounts  indicated  in  Parts  1  and  2,  column  2  of  Annex  I  to 
Council Directive 96/82/EC (Seveso)16. 

Activities listed in Annex I to Council Directive 96/61/EC. 

Airports. 

Ports. 

Former military sites. 

Petrol and filling stations. 

Dry cleaners. 

Mining installations not covered by Council Directive 96/82/EC, including extractive 
waste facilities as defined in Directive 2006/21/EC of the European Parliament and 
of the Council17. 

Landfills of waste as defined in Council Directive 1999/31/EC18. 

Waste water treatment installations. 

Pipelines for the transport of dangerous substances. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

16 
17 
18 

OJ L 10, 14.1.1997, p. 13. 
OJ L 102, 11.4.2006, p. 15. 
OJ L 182, 16.7.1999, p. 1. 

EN 

30 

   EN