European Land and Soil Alliance
ELSA
Das Europäische Bodenbündnis (European Land and Soil Alliance, ELSA) vereint Städte, Gemeinden und Landkreise aber auch Bundesländer, NGOs und andere Organisationen aus neun europäischen Staaten.
ID: 131729047442-10
Lobbying Activity
Response to Soil Health Law – protecting, sustainably managing and restoring EU soils
3 Nov 2023
On behalf of the European Land and Soil Alliance (ELSA), which is Europe`s biggest communal based soil organization with more then 250 members in 7 EU-countries representing a population of more then 7 millions citizens, we appreciate the European Commissions proposal for a Directive on Soil Monitoring and Resilience (Soil Monitoring Law, SML). An EU legislation protecting soils is long overdue as soil protection, conservation and restoration in the EU has been fragmented, lacking clear and effective EU-wide rules. An ambitious Soil Law is a precondition for the success of the European Green Deal objectives as healthy soil is crucial for attaining climate neutrality, halting and reversing biodiversity loss, achieving zero pollution, food, feed and water security and circular economy. ELSA is supporting EU`s soil policy since it`s founding in 2001 and already has been a member of several working groups on the first attempt to install a soil framework directive, which unfortunately failed in 2006 because of the opposition of a qualified minority decision of 6 EU countries. Since this final reject of a SFD, ELSA has been continuously asking the Commission to establish a new binding Soil Directive to protect this central media across the borders of EU-countries. While the Commissions initiative is valued by ELSA as very positive, there are some notable shortcomings in the current proposal. As it stands, we do not see, that the proposal will enable the achievement of healthy soils in the EU by 2050. The change of the name of the legislation, which was originally planned to be called Soil Health Law, is symbolic of its lack of ambition and its shift away from soil health towards largely soil monitoring. The proposal lacks ambition and must be significantly improved to lead to effective change. Based on the attached European Environmental Bureaus' (EEB) document, which has been elaborated also by ELSA`s soil experts, we recommend considering the following points: Targets and ambition: We recommend an increase in ambition by setting clear and legally binding targets, for 2050 as well as additional time-bound milestones for 2030 and 2040. Governance: The SML should include mandatory plans to offer a straightforward path for Member States to meet the Directives objective. Such plans are also a necessary element to complement the proposals overall positive provisions on access to justice. Monitoring and assessment of soil health: The SML should include adequate and scientifically robust soil biodiversity descriptors and ensure that they are included in the assessment of soil health. Responsibility: The SML should make polluters and if not existing anymore or insolvent the resonsible landowner pay by establishing mechanisms that hold also big players whose activities degrade soil accountable. Sustainable soil management: The SML should ensure minimum mandatory sustainable soil management practices, building on the conditionality rules of the CAP. Land take: As sealing of soil -also agricuitural land- destroys almost all soil functions permanently, it`s on ELSA`s opinion crucial, to install binding targets to reduce the immense landtake that takes place all over Europe, especially in urban areas. Otherwise, EU`s 7th action plan targets (net zero landtake by 2050) can not be achieved. Soil pollution: Regarding contaminated sites, the SML should ensure harmonisation among Member States by setting mandatory EU-wide thresholds for a list of key pollutants. In addition, Member States should include in the assessment of soil health chemicals identified as ecotoxic, persistent, bioaccumulative, mobile and toxic. Achieving healthy soil ecosystems by 2050 is not a nice-to-have it is a necessity. For this reason, we invite the European institutions to consider the elements outlined in the attached assessment during their negotiations on this legislation.
Read full response