The European Parliament adopted its first-reading report on the first EU directive on soil protection. Among the key points adopted by MEPs is the setting up of public inventories of contaminated sites within the EU and the need for Member States to draw up remediation strategies. MEPs reinstate a list of potentially soil polluting activities. Member States will be allowed some flexibility as to how they put the directive into practice.

In their first reading report, drawn up by Cristina Gutierrez-Cortines (EPP-ED, ES), MEPs aim to promote the sustainable use of soil, to prevent soil degradation due to climate change - or to mitigate and remedy its consequences. The proposed directive should end the fragmentation of EU soil policy with existing provisions currently divided between various pieces of legislation on waste, pesticides and nature protection. A vote to reject the directive did not pass with 225 votes in favour 395 against and  11 abstentions.
 
Agriculture and new bio-waste directive
 
MEP says that each Member State, in accordance with its climate, soil characteristics and agriculture, as well as its best agricultural practices, may decide upon its own agricultural policy in relation to the soil.

No later than two years after the entry into force of this Directive, MEPs say the Commission must present a proposal for a biowaste directive setting quality standards for the use of biowaste as a soil improver.

National or regional inventories of contaminated sites

The directive includes a requirement to establish national inventories of contaminated sites, which will be made public. MEPs add that these could also be on a regional basis. They should be updated at least every seven years to include new contaminated sites and exclude those which have undergone remediation.

According to MEPs, within six years from the transposition date, Member States will have to identify the location of at least the sites where soil affecting activities, such as Seveso and mining installations or landfills of waste, are taking place or have taken place in the past. These activities are included in the text of the Directive.

Potential buyers will have to be informed of the present and past activities on the site and provide any information at their disposal on the concentration levels of the dangerous substances in the soil. Member States may require a chemical analysis determining these concentration levels.

Areas in airports, land-based areas in ports and areas in former military sites where use, handling and storage of dangerous substances occur or have occurred have been included in Annex II of the Directive. Industrial dry cleaners are also among these activities. This means that Member may refer to these activities when they perform their investigations of contaminated sites.

Member States will have to designate one or more authorities to be responsible for the identification of both these potentially contaminated sites and contaminated sites and for the management of the related inventory.

The Parliament inserted a definition of a "contaminated site" as a site where there is a confirmed presence on or in the soil, caused by human activities, of dangerous substances posing a significant risk to human health or the environment.