Annexes to COM(2002)179 - Towards a Thematic Strategy for Soil Protection

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dossier COM(2002)179 - Towards a Thematic Strategy for Soil Protection.
document COM(2002)179 EN
date April 16, 2002
agreements.

[30] http://www.unccd.int

The CCD contains five regional annexes covering Africa, Asia, Latin-America and the Caribbean, the Northern Mediterranean (relevant for four Member States: Greece, Italy, Portugal and Spain) and Central and Eastern Europe (relevant for most Candidate Countries). The elaboration and implementation of Regional Action Programmes and National Action Programmes, form valuable policy instruments to combat desertification and soil degradation phenomena in the affected areas. [31] Furthermore, the Committee of Science and Technology, a subsidiary body within the Convention produces a significant amount of information and advice on scientific and technological matters relating to land degradation worldwide.

[31] European Commission,September 2000. Addressing desertification and land degradation. The activities of the European Community in the context of the United Nations Convention to Combat Desertification.

In 1999, following a joint initiative of the Commission and some Member States (Bonn Memorandum on Soil Protection Policies in Europe, 1998) the European Soil Forum (ESF) was created. Its membership includes EU, EFTA and Accession Countries, the Commission and the EEA. Its role is to provide a better understanding of soil protection issues and to promote the exchange of information among participating countries. It aims to bring the discussion on soil protection from the scientific and technical level to the administrative and policy area.

5. action taken by Member States and Candidate Countries

Individual Member States have taken different initiatives on soil protection aimed at those soil degradation processes they considered as priorities.

In central and northern Europe efforts focus on soil contamination and sealing, while in the southern countries initiatives concentrate on erosion and desertification in the context of the UN Convention to Combat Desertification (UN-CCD). Portugal, Greece, Italy and Spain have adopted National Action Plans to combat desertification, in which they analyse the desertification process and identify actions to be undertaken.

The Spanish plan has concluded that 31% of Spain is under serious threat of desertification. The plan has launched actions regarding sustainable management of water resources, forest fire prevention and experimental stations on desertification.

The Greek National Action Plan describes the desertification problem in Greece and proposes measures for its prevention and control. The Portuguese plan focuses on soil and water conservation. It targets measures for the recovery of degraded areas to ensure that the population remains in the more depopulated areas.

The Italian plan focuses on reducing the risk of floods and landslides. It relates to the regulation of water use and the co-ordination of the sectoral policies that have an impact on the water cycle. High risk areas for floods and landslides have been defined.

Some Member States have developed a comprehensive approach aiming at the protection of soil functions. In Germany, a soil protection act is in place that aims at the protection and restoration of sustainable soil functions. It obliges all parties to prevent hazards, to avoid soil sealing and to take precautions against harmful soil changes.

In the UK, England is developing an overall soil strategy. The consultation paper considers several types of pressure on soil and lists sustainable responses. It sets out a new set of key soil indicators and targets, and addresses the relation between soil and land-use planning.

In Denmark and Sweden soil protection is considered an integral part of general environmental protection. In Sweden a monitoring programme on ecosystems includes several soil parameters.

In France a national action plan on soil management and protection has been agreed that emphasises on the prevention of future pollution. It contains inter alia a new soil monitoring network based on a 16 km to 16 km grid, the completion of the national soil map and maps on erosion risks and soil organic matter. Austria has developed a soil information system with Internet access.

Other Member States focus on particular threats. In the Netherlands policy concentrates on various types of soil contamination, including groundwater. Regulations on diffuse contamination define acceptable inputs and losses of agricultural nutrients. In Belgium, Flanders has established a legal framework for a liability regime concerning both historically and newly contaminated sites.

Among the Candidate Countries Czech Republic, Slovakia, Poland, Hungary, Slovenia, Romania, Bulgaria, Cyprus and Malta are also signatories to the UN Convention to Combat Desertification (UN-CCD) and are preparing national action programs in this context.

In Slovenia soil protection is part of the National Environmental Action Programme that deals with the cleaning up of degraded soils and the implementation of sustainable use of agricultural land. The programme is prepared on the basis of detailed existing soil data, accessible through the internet.

In Hungary soil protection is driven by the general environmental protection legislation, as well as by specific legislation on the protection of arable land, the protection of soil, land and groundwater and the redemption of contaminated sites.

6. Community policy relevant for soil protection

Although an explicit Community policy focused on soil protection does not exist at this stage, a broad range of Community instruments influence soil protection. Due to the multifunctional role of soil and its universal presence, many policies are involved, and, in addition, state aid is permitted for the rehabilitation of contaminated soils. The effect of these policies on the state of soils has so far not been systematically assessed. Most prominent among these are the Environmental, Agricultural and Regional Policies, but the Transport and Research Policies also affect soil.

6.1. Environmental Policy

The close link between soil and the other major compartments water and air, is reflected in specific environmental legislation, targeted at them, but in turn generally contributing to the protection of soil. The relationship between soil protection and legislation on waste and land use policy is equally obvious.

Community legislation on water (Nitrates Directive [32] and Water Framework Directive [33]) sets standards to prevent the contamination of surface and groundwater by the leakage of hazardous substances or excessive nutrients from soils. The Nitrates Directive places emphasis on the establishment of good farming practice in all areas and on action programmes in nitrate vulnerable zones. It includes provisions to improve soil condition, such as winter cover crops and adjusted soil management in areas with steep slopes. The Water Framework Directive aims to secure the ecological, quantitative and qualitative functions of water. It requires that all impacts on water will have to be analysed and actions will have to be taken within river basin management plans. Wherever contaminated soils, erosion or excessively fertilised soil contribute to surface or groundwater contamination, the necessary remedial action will in many cases lead to improved soil protection.

[32] Council Directive 91/676

[33] Directive 2000/60EC of the European Parliament and of the Council

Contaminants in polluted air most likely to reach the soil directly or with precipitation are heavy metals and materials contributing to acidification and eutrophication. Legislation aiming to reduce and monitor air pollution (Air Quality Framework and Daughter Directives [34] and Directive on National Emissions Ceilings [35]) therefore impacts on soil protection. Further developments will be achieved through the forthcoming thematic strategy for air quality CAFE (Clean Air for Europe).

[34] Council Directives 96/92/EC, 1999/30/EC and 2000/69/EC

[35] Directive 2001/81/EC of the European Parliament and of the Council

Waste management is one key element to prevent soil contamination. Most directly linked is the Sewage Sludge Directive [36] that regulates the use of sewage sludge in agriculture in such a way as to prevent harmful effects on soil. In more general terms the Waste Framework Directive [37] requires that waste is to be disposed without endangering the soil. Further specific waste legislation such as the Landfill Directive [38], the Incineration Directive [39] and the Urban Wastewater Directive [40]may contribute to the prevention of soil contamination.

[36] Council Directive 86/278/EEC

[37] Council Directive 75/442/EEC

[38] Council Directive 1999/31/EC

[39] Directive 2000/76/EC of the European Parliament and the Council

[40] Council Directive 91/271/EEC

Land use policy can play an important role in protecting soil resources, by limiting soil sealing and ensuring that soil characteristics (e.g. soil erosion risk) are taken into account in decisions concerning allocation and use of land. A separate Communication on "Planning and Environment - the territorial dimension" is under preparation and will take a number of soil-related aspects into account. It will address inter alia the sealing of greenfields and the appropriate re-use of brownfields. It will make the case for rational land use planning that takes the soil's capacities into account.

General environmental legislation also has an impact on soil protection. The Integrated Pollution Prevention and Control Directive [41] requires industry and intensive livestock farms exceeding well-defined sizes to prevent emissions of pollutants to air, water and land, to avoid waste production and dispose of waste in a safe way, and to return disused industrial sites to a satisfactory state. The Strategic Environmental Assessment Directive [42] requires an environmental assessment to be carried out for certain plans and programmes including the area of land use, which should have a beneficial result for soil protection. The Environmental Impact Assessment Directive [43] requires an environmental assessment for certain private and public projects. Inter alia the likely impact on soils has to be examined. Under the chemicals legislation risk assessments and risk reduction strategies are produced for a considerable number of substances. The risk assessments carried out under the Existing Substances Regulation [44], address the risks related to emissions of the substances to the soil compartment. Comparable legislation exists for the assessment of new chemicals [45], of plant protection products [46] and of biocidal products [47]. The Habitats Directive [48] is of particular relevance since it defines a number of terrestrial habitats that depend on specific soil characteristics, such as dunes, peat lands, calcareous grasslands and wet meadows.

[41] Council Directive 96/61/EC

[42] Directive 2001/42/EC of the European Parliament and of the Council

[43] Council Directive 97/11/EC

[44] Council Regulation (EEC) No 793/93

[45] Commission Directive 93/67/EEC

[46] Council Directive 91/414/EC

[47] Directive 98/8/EC of the European Parliament and of the Council

[48] Council Directive 92/43/EEC

The financial instrument LIFE supports innovative solutions for some of the soil threats as well as for sustainable use of soil.

6.2. The Common Agricultural Policy (CAP)

As agricultural production is so dependant on soil and 77 % of land in the EU is used for agriculture and forestry, agricultural policy has by definition a huge impact on soil. The reform of the Common Agricultural Policy in the context of Agenda 2000, building on measures introduced in the 1992 reform, established the importance of rural development policies as the second pillar of the CAP. In 2000 new rural development plans were approved including a definition of Good Farming Practice (GFP), based on verifiable standards where soil protection received considerable attention.

GFP constitutes a core element of the new rural development policy: the granting of compensatory allowances in less favoured areas is conditional on the respect of GFP and agri-environmental measures provide compensation for undertakings going beyond this baseline. Good Farming Practice is defined as the standard of farming which a reasonable farmer would follow in the region concerned. It entails in any case compliance with general mandatory requirements including environmental legislation but Member States may establish additional requirements associated with good practice.

Within the rural development plans, some Member States facing erosion risks included practices such as tillage following contour lines, while some with low soil organic matter have banned the burning of cereal stubble. Maximum livestock carrying capacities have been defined by several Member States to avoid soil degradation through overgrazing.

Agri-environmental measures aimed at soil protection range from overall farm management systems such as organic farming (including maximum stocking rates) and integrated crop management (ICM) to specific measures such as no-tillage or conservation practices, grassland strips, winter covers, use of compost and the maintenance of terraces. Measures aiming at a reduced use of pesticides, such as integrated pest management (IPM) or promoting balanced rotations can also contribute to improve the condition of agricultural soils.

Within the market pillar of the CAP, the Agenda 2000 reform introduced new environmental protection requirements, whereby Member States shall take the environmental measures they consider to be appropriate in view of the situation of the agricultural land used or the production concerned and which reflect the potential environmental effect. These measures may include support in return for agri-environmental commitments, general mandatory environmental requirements or specific environmental requirements constituting condition for direct payments. Member States shall decide on penalties for non-respect of environmental requirements, which may include a reduction or the cancellation of the market support.

A number of measures within the individual market regimes offer opportunities for soil protection. These include set-aside in the arable sector, the extensification premium in the beef sector and the possibilities within national envelopes in the dairy, beef and sheep sector.

An increased level of integration of environmental concerns into the CAP is to be envisaged in future: the further shift of resources to rural development foreseen in the Commission Communication on Sustainable Development [49] will provide new opportunities for agricultural techniques protecting soils.

[49] COM (2001) 264 (page 6)

6.3. Regional Policy and Structural Funds

Regional and agricultural structural fund programmes have as a general and compulsory objective to contribute to sustainable development. Measures in these programmes contribute directly or indirectly to the improvement and protection of soil. Examples are erosion and flood prevention, rehabilitation of derelict and polluted land and measures for sustainable tourism and leisure. For all large planned investment measures an environmental impact analysis study is to be performed.

The Community's strategy for Sustainable Development also makes reference to the need to put the European Spatial Development Perspective (ESDP) into action, including the implementation of an observatory network to analyse the regional impact of Community policies. The European Spatial Planning Observatory Network (ESPON) programme includes several measures relevant to efficient land protection.

6.4. Transport Policy

The range of potential effects of transport on soil is very broad. Most important are the land take by transport infrastructure and fragmentation of ecosystems and habitats through transport networks. Soil quality is affected by water runoff from roads and airport runways, use of persistent herbicides on railroads, emission of NOx from motor vehicles, disturbance of groundwater flows due to construction work and contamination risks associated with the transport of dangerous goods.

The White Paper on a Common Transport Policy [50] describes the current transport policy. It sets out the need for the integration of transport into sustainable development. It lists packages of measures aimed at shifting the balance between modes of transport, in particular from road and aviation to the more environmentally friendly modes of rail and waterway transport.

[50] COM (2001) 370

The indicator system TERM provides a monitoring system aimed at assessing the environmental performance of the transport sector. It includes indicators for land take and fragmentation.

6.5. Research Policy

In the context of various Community research programmes, a number of soil protection problems are addressed. In the current 5th Research Framework the programmes "Environment and Sustainable Development" and "Quality of Life" are supporting soil-related research.

In the key action "Sustainable management and quality of water" a number of research activities are dedicated to assess and minimise pollution originating from industrial activities, from contaminated land, waste disposal sites and sediments or diffuse pollution originating from land-use practices. The interactions between soil and water are also being studied in the context of integrated water management. Ongoing RTD activities are addressing sustainable, risk-based management of contaminated land and groundwater. The Contaminated Land Rehabilitation Network for Environmental Technologies, CLARINET, is a policy-orientated expert network on the management of contaminated land.

In the Environmental Applications domain of the "Information Society Technologies Programme" several research projects are carried out which are relevant for improved management of soils.

The key action "Global change, climate and biodiversity" studies vulnerable ecosystems, of which soils are principal components, in relation to climate and global change. Particular attention is given to the driving forces in land degradation and desertification in the fragile ecosystems of Europe. Research effort is also put on assessment of impacts of policies and practices.

In the "Quality of Life programme" research is carried out on new farming systems reducing negative impact on environment and soils. Prevention and control of erosion and salinisation form also part of research activities promoting sustainable use of the soil. For instance, the PESERA research project will assess soil erosion risk all over Europe.

In addition, the European Soil Bureau, a specific project of the Commission's Joint Research Centre (JRC), is a network of soil science institutions. It is carrying out scientific and technical work programmes in order to collect, harmonise and distribute soil information from countries all over Europe relevant to Community and national policies.

The proposed 6th Research Framework supports soil related research in the priority "Sustainable Development, Global Change and Ecosystems". It will focus on large scale integrated assessment of land/soil degradation and desertification in Europe and related prevention and mitigation strategies. Furthermore, it will address soil aspects in relation to the water cycle. Other priorities aim at a better understanding of terrestrial biodiversity and on the role of soil as a carbon sink. In addition under the priority "Specific activities covering a wider field of research", the 6th framework programme will support research underpinning the formulation and implementation of Community policies (6th Environment Action Programme), including environmental assessment (soil and water, including the effects of chemical substances). The JRC programme will continue to support the European Soil Bureau as a network of soil science institutions providing policy relevant soil information to the Commission services.

7. Existing soil data gathering systems

7.1. Soil surveys

Soil surveys collect data on the physical and geological properties of soils, in order to define soil types and to draw up soil maps. This information is static based on the assumption that soil and soil properties only change over extremely long periods.

Most of the national soil survey organisations in Europe were established almost 50 years ago in response to the need to ensure food self-sufficiency. Land Capability Classification, principally in relation to agriculture, was developed in the UK, Germany and other countries at that stage.

Soil data sets from different countries were generally established using different nomenclatures and measuring techniques, thereby creating comparability problems. The related soil maps based on the data are also extremely variable in Europe. Differences of national coverage and scale are common and only Belgium and The Netherlands have soil maps at scales of 1:50.000 covering their whole national territory.

In 1985 a first soil map of the European Community countries was finalised under the Commission's initiative. This 1:1.000.000 scale map was based on the soil classification system adopted by FAO/UNESCO and indicated different soil types.

The European Soil Information System (EUSIS), which is the only homogeneous soil information available at EU scale, was developed by the Joint Research Centre of the European Commission and the National Soil Surveys. It currently extends to the EU, EFTA and the Central and Eastern European countries and in the future will include all Mediterranean basin countries. EUSIS provides soil maps at 1:1.000.000 scale. It also provides a number of interpretative models for more complex information of environmental interest such as soil erosion risk, soil organic carbon content and soil compaction risk.

EUSIS however has limitations. Firstly, the comparability of physical and chemical information is limited since it is based on data collected over a long period by National Soil Surveys using different methodologies. Secondly, it delivers information at a very coarse scale for environmental protection purposes. Furthermore, it lacks integration with other soil databases. However, its most serious constraint is that it delivers static information without any indication on changes and trends.

7.2. Monitoring systems

Based on systematic sampling and analysis, soil monitoring systems aim to deliver information on changing soil parameters, important for soil functions, such as nutrient status, organic matter, biodiversity and heavy metal contamination.

Monitoring systems already operate in Austria, France, Finland, The Netherlands, Sweden and the UK with a periodicity ranging from 5 to 10 years. A recent initiative in France, RMQS (Réseau de Mesures de la Qualité des Sols), based on the monitoring system for forest soils, has established a nation-wide soil quality monitoring network based on a 16 by 16 km grid with 2,000 sampling plots. Every 5 years it will measure a number of environmental parameters such as diffuse pollution and organic matter.

The only monitoring system in Europe covering a number of soil aspects was developed as a part of large-scale scheme monitoring the health of forests in the context of Council Regulation 3528/86 on the Protection of Forests against Atmospheric Pollution. This monitoring system is restricted to forests. It was designed for purposes other than soil protection and only addresses a number of soil parameters, e.g. organic carbon, heavy metals, soil acidity and buffer capacity.

The measurement of these parameters was completed only once in 1992 based on partial harmonisation of sampling and analytical methods. Further work on harmonisation is ongoing.

7.3. Soil data networks

In a wider environmental context, the European Environmental Information and Observation Network (EIONET) was established to assist The European Environment Agency (EEA) in producing policy-relevant information on Europe's environment through the delivery of relevant national data. It is a network of national environmental information networks, of centres of expertise (currently for soil, contaminated sites and land cover) and European Topic Centres (ETCs) as EEA contractors coordinating activities in their thematic areas. There are ETCs for air, water, nature, waste and terrestrial environment.

The European Topic Centre on Terrestrial Environment (ETC/TE) technically supports the EEA in the implementation of the soil monitoring and assessment framework through the maintenance and further development of databases and information for use in indicator development and reporting on soil and land issues. In particular, it carries out assessments of past trends, current state and prospective development of soil quality and degradation. A core set of soil related indicators are being developed in the domains of soil sealing, soil erosion, local and diffuse contamination as main soil issues.

In addition the land use/cover statistical survey LUCAS is a pilot survey developed by Eurostat and carried out throughout Europe during 2001. It aims at the collection of data on land use, land cover and environmental features such as erosion and natural hazards. Information on erosion includes the registration of the number of rills, gullies and accumulation zones. The survey will again be carried out in 2003.

7.4. Soil data comparability

To reach a common understanding throughout Europe of soil degradation processes, it is important to ensure data comparability. To this end, sampling procedures and soil analytical methods have to be harmonised in the future.

Experience has shown that the major bottleneck for the assessment of soil condition in Europe based on already existing data still is the lack of harmonised methodologies for monitoring and data transfer, leading to a lack of comparability of the data.

The elaboration of internationally accepted standards takes place in international standardisation organisations such as CEN (European Committee for Standardisation) and ISO (International Organisation for Standardisation).

8. The way forward: Building blocks of a thematic strategy on soil

The principle of sustainable development is at the core of Community policy. The achievement of this objective will require policies delivering appropriate levels of soil protection.

To date, despite the delivery of some soil protection through several existing policy areas, a comprehensive Community approach to soil protection does not exist. Soil protection is more the result of the crosscutting nature of soil than the outcome of an explicit intention to tackle soil problems. A thematic strategy is needed to underpin an integrated and targeted effort for a sustainable management of soil in the EU.

Soil protection requires an integrated approach based on existing knowledge and the adjustment and improvement of existing policies. However, it also requires the development of a more long-term approach whereby protection is based on a more complete knowledge both of the direct and indirect impacts of human activities and of the best practices and measures to address soil protection problems. This knowledge also includes awareness of the probable increasing threat due to climate change.

Historically, national, regional and local authorities have dealt with soil issues. Such an approach was justified by the geographical variability of soil, which requires soil policies to have a strong in-built local element.

On the other hand, there is substantial evidence that soil problems have not only a local dimension but also wider and indeed global consequences including for food security, poverty reduction, water protection and biodiversity. Hence concerted approaches are more likely to be effective in providing solutions. Therefore the Community has a role in soil protection policy, where it can deliver added value vis-à-vis action carried out individually by Member States. Moreover Community initiatives should take account of relevant international conventions, most notably the UN-CCD.

The distinctive characteristics of soil for policy development were described earlier in this Communication. Soil protection policy will have to focus on the principles of prevention, precaution and anticipation. It needs to ensure the protection of soil biodiversity and organic matter which are central to soil functions. It should use monitoring as an indispensable tool and take environmental liability into account.

In developing its thematic strategy for soil protection the Commission is aware of both the threats described, the relevant policy features and the need for integration.

8.1. Actions in relation to the threats to soil

Based on the existing knowledge, a number of initiatives to stop and revert soil degradation processes will be taken through individual Community policy instruments. However as degradation processes are closely linked, the combined effect of actions to address particular threats will be beneficial to overall soil protection.

8.1.1. Environmental policy

Environmental policy provides the opportunity to address most threats, and in particular those relating to contamination, soil organic matter, biodiversity and sealing.

Full implementation of existing legislation, including the Nitrates Directive, the Water Framework Directive, the Air Quality Directives, the Landfill Directive, the Habitats Directive and other, more general environmental legislation, will make a significant contribution to the prevention of contamination and the protection of biodiversity. The implementation of the Strategic Environmental Assessment Directive will be relevant to address soil sealing, since it will lay a strong emphasis on soil issues covering all projects supported by the Structural and Cohesion Funds beyond a certain sealed area threshold.

New legislation will be proposed in the following areas.

During 2002 the 4th Daughter Directive under the Air Quality Framework Directive will be proposed relating to heavy metals and PAH.

During 2002 a directive on mining waste will be proposed and by 2004 a document established on the best available techniques for the management of mining waste.

During 2003 the Commission will undertake a revision of the Sewage Sludge Directive entailing a reduction in maximum permitted levels of contaminants in sludge, and possibly its extension to all land where sludge is applied and to other sludges.

By the end of 2004 a directive on compost and other biowaste will be prepared with the aim to control potential contamination and to encourage the use of certified compost.

The fact that Regulation (EEC) No 2158/92 on protection of the Community's forests against fire will expire on 31.12. 2002 will not prevent the Commission from paying special attention to the development of the Community forest-fire information system. This will enable the effectiveness of the protection measures against fires to be better assessed, which will be relevant in the framework of erosion prevention.

To protect soil biodiversity, the Commission could consider the extension of the annexes of the Habitats Directive to complete the so far limited list of soil-based habitats requiring special protection should it be shown that existing designation is insufficient. Complementarily, the importance of soil in the management plans for designated Natura 2000 sites will be increased. A considerable amount of research will be required to establish more completely the biodiversity aspects of soil and the areas which might merit such designation.

In addition to the legislative initiatives, during 2003 the Commission will present a Communication on "Planning and Environment - the territorial dimension", addressing rational land-use planning and taking into account the need for sustainable management of soil resources. Geographic Information systems (GIS), which should be a major tool in the planning process, will be instrumental in providing the necessary support to an appropriate common policy for sustainable land, and hence soil use. Where erosion, salinisation, floods and landslides are problematic, restrictions in land use will have to be considered. More positively, the communication will also address the need to protect land (and thus soils) of prime agricultural value for long term food production.

The Commission will also develop a strategy on the sustainable use of pesticides (i.e. plant production products and biocides) as outlined in the 6th Environment Action Programme.

In the context of the Climate Change Convention, the Commission is also aware of the desirability to sequester carbon. It will examine ways in which soil organic matter can be increased, in this way responding to the challenge of carbon sequestration, while at the same time delivering at least partial solutions to several of the other threats on soil, in particular erosion and loss of biodiversity. The result of this examination may lead to particular proposals in the context of the main EU policies.

Furthermore, soil will be included within the main themes of the Commission's public awareness campaigns in the environmental area.

8.1.2. Common agricultural policy

The overwhelming importance of soil for agriculture and forestry has been highlighted. Agriculture and forestry soils are subject to threats originating in other sectors, but in addition some farming practices can result in soil degradation, while others can be beneficial to soil protection.

The Common Agricultural Policy already provides opportunities for soil protection. A number of agri-environmental measures offer opportunities for the build-up of soil organic matter, the enhancement of soil biodiversity, the reduction of erosion, diffuse contamination and soil compaction. These measures include support to organic farming, conservation tillage, the protection and maintenance of terraces, safer pesticide use, integrated crop management, management of low-intensity pasture systems, lowering stock density and the use of certified compost. In line with the integration approach these measures can be developed further to enhance beneficial practices.

The Commission recalls the importance of Article 3 of Regulation 1259/99 in so far as the protection of soil in the context of Good Farming Practice is concerned. It encourages Member States to make use of this provision, in particular where soil degradation problems related to poor farming practices are widespread.

The Commission is committed to expanding the financial commitment to Rural Development in the review of the CAP. The Commission is reflecting on possibilities to strengthen measures in both agriculture and forestry delivering increased soil protection.

More attention will be paid to forestry and afforestation so that they provide long-term environmental benefits including through the prevention of soil erosion. Member States will have in particular the possibility to introduce or reinforce forest fire prevention measures in their Rural Development programming documents from 2003 onwards.

In addition, in line with the proactive approach required for soil protection, the Commission will include soil protection issues in the discussion on the future evolution of good agricultural practices as a policy tool.

8.1.3. Other Community policies

Infrastructural developments and transport tend to pose problems to soil related to sealing, local and diffuse contamination and erosion. Particular support programmes of the Structural Funds have as a crosscutting objective the improvement and protection of soil in order to mitigate this.

As the extent of environmental legislation covering aspects of soil protection increases, the Commission will consider how to integrate it further into Regional and Cohesion planning. It may be necessary in the next programming period to address the issues of sealing and contamination together with other issues relating to soil and land to be addressed in the Communication on Planning and Environment.

In Transport Policy, the problems of soil sealing and diffuse contamination will be addressed.

Since soil and soil functions are both complex and crucial for long-term sustainability, a stronger emphasis of research policy on soil is required. Further study of the impact of human activities on soil functions at the appropriate geographical level will be promoted through the Sixth Research Framework Programme. Particular attention should be paid to a better understanding of the soil ecosystem and how to manage it in a sustainable way. Other research issues are the potential impact of a decline in soil biodiversity, development of effective monitoring schemes for soil threats and the effect of climate change on soil threats.

In the context of the enlargement process, the Community will pay particular attention to soil protection issues by ensuring that potential negative effects on soil from infrastructure works supported by the Instrument for Structural Policies for Pre-accession (ISPA) are avoided.

In Candidate Countries the Special Accession programme for Agriculture and Rural Development (SAPARD) [51] provides certain opportunities for soil protection. Agri-environmental pilot actions in this framework can include actions to combat soil erosion, improve soil quality and soil tillage practices, organic farming or extensive grazing.

[51] Council Regulation (EC) No 1268/1999

At the international level, while continuing to honour its commitments in the UN Conventions, the Community will have to ensure that a soil protection dimension is included in EC development co-operation policy in those regions facing severe soil problems.

8.2. Monitoring soil threats

The actions to be taken in the near future to address soil protection are based on existing information, which is recognised as incomplete. For the long-term protection of soils it will be necessary to ensure the development of a more complete information basis, monitoring and indicators to establish the prevailing soil conditions, and to evaluate the impact of diverse policies and practices.

The specifications of a Community information and monitoring system on soil threats will be the subject of an appropriate proposal for a soil monitoring legislation. It will aim to ensure that a number of measurements on the identified threats in the relevant areas are carried out in a harmonised and coherent way and that its results are relevant to and accessible for policy makers and for early warning purposes. As regards contaminants, the monitoring will give priority to those substances that can be transferred from soil to food or have potential health implications in any other way.

The monitoring system to be established should in so far as possible be based on existing information systems, databases and know-how. The principle of cost-effectiveness will be taken into account. Such system should be designed in such a way that the data can be integrated into more comprehensive/multi-layered monitoring and reporting programmes, for example the Commission's Infrastructure for Spatial Information in Europe initiative. The consultation process should be completed to allow a formal proposal to be made by mid 2004.

During 2002 the Commission will reflect on the future replacement of Council Regulation 3528/86 on the Protection of Forests against Atmospheric Pollution so that it can contribute more fully to general soil monitoring and in particular to localised problems related to the environment.

Together with a basic monitoring of soil conditions throughout Europe, this legislation would provide the necessary flexibility to focus, where necessary, on more locally relevant threats and degradation processes and their driving forces. Such threats include problems of contamination related to particular industries or transport with a local dimension, but of Community relevance. In this way soil monitoring can be used not just to ensure soil protection itself, but as a measure of the effectiveness of other protection policies and as a tool for their improvement where necessary.

8.3. Future soil protection

The Commission emphasises the need for the establishment of a comprehensive monitoring system to form the knowledge base for coherent actions in the future.

General monitoring will give information on the extent and the evolution of existing widespread threats and will provide the basis for policy development to respond more fully and accurately to them. In this way monitoring can become a driving force for policy adjustment and revision for the benefit of soil protection.

Specific monitoring will focus on local scale threats and their driving forces and lead to action in sectors which are the original source of soil degradation, thus focusing on the elimination particularly of contamination at source. An example could be focused soil monitoring close to industrial plants or highways. At present the soil is the recipient of many contaminating emissions. When some contaminants accumulate in soil, they provide a threat not just to soil functions, but more widely via leakage to water and bio-accumulation to plant, animal and human health.

Over an extended period, priorities particularly for specific monitoring will change as actions are carried out so leading to a programme of work to deliver not just soil protection, but also, where necessary, improved regulation of activities in sectors which may be contributing to soil degradation.

9. The Work-Plan and Timetable for Building the Thematic Strategy

A thematic strategy on soil will build on the actions indicated in Chapter 8 which will contribute to an improved protection of soils. To prepare additional measures, the Commission will establish an inter-service group on soils in order to ensure an integrated approach to soil protection across the different policy areas. This group will follow the development of the initiatives enumerated in section 8.1 as well as identifying other opportunities for promoting soil protection. The Commission will publish a report by June 2004 on the technical measures and legislative and policy initiatives which it has taken to promote soil protection.

In order to address the challenging task of developing better instruments for soil protection, the Commission will work together with Member States, Candidate countries, the EEA, academia and other stakeholders. The Commission will provide the leadership and co-ordination but this will be a collective effort with the burden of work being shared among all participants on the basis of a detailed work-plan. The objective of the work will be to assist the Commission in developing:

* a proposal for soil monitoring;

* a Communication on soil erosion, soil organic matter decline and soil contamination including detailed recommendations for future measures and actions.

The proposal for soil monitoring will be finalised by June 2004. In preparing this proposal, the Commission will be guided by various current initiatives. To this end, work is already underway to identify best approaches to monitoring and this will be both intensified and linked to particular issues including erosion, the decline in organic matter and contamination.

With regard to the Communication:

* A more complete picture of the extent of contamination within the current and future enlarged EU is needed. In order to achieve this, the Commission will rely heavily on the work of Member States, Candidate Countries and of the CLARINET expert network. Best practice in the management and remediation of contaminated sites will be identified and priorities for future remedial action indicated.

* The Commission is fully aware of the significance of soil erosion in the Mediterranean Region in particular, although evidence strongly suggests that erosion is taking place in many regions of the EU. The Commission intends to organise a conference on soil erosion and the related issue of the decline in organic matter during 2003. This conference should bring together all stakeholders both from the EU and candidate countries and also other Mediterranean countries. Several countries are developing or have developed plans in order to fulfil commitments in relation to the UNCCD and this conference should provide an opportunity to describe progress and problems in tackling soil erosion thus contributing to the Commission's reflections for the Communication.

* The conference will also examine the situation in relation to organic matter including measures which could be taken to redress the decline and increase soil organic matter levels.

Building on the actions to be taken until then, the measures to be presented in the Communication together with the proposal for soil monitoring will establish the thematic strategy on soil protection. It is incremental in approach addressing issues now to the extent possible and setting the basis for more solid work to ensure soil protection in the medium term and future. The Communication, in particular, will place emphasis on actions to be taken to address identified problems and so will ensure that soil protection is treated as a major issue to be tackled both within and outside the EU.


10. Conclusions

In presenting this Communication on soil protection, the Commission is placing soil alongside water and air as environmental media to be protected for the future. Soil is both essential to human existence and subject to human activities.

In developing a soil protection strategy the Commission has taken a pragmatic approach directed in the first instance towards the adjustment of existing policies relevant to soil taking both a preventative approach through the development of new environmental legislation and an integrational approach for sectoral policies of particular relevance for soil. This integrational approach is fully in line with the Cardiff process and sustainable development.

In addition the Commission has established the need to provide a more solid base through monitoring for actions in the future. These actions will be beneficial not only to soil, but will also contribute to reducing water and food contamination by hazardous pollutants and will therefore contribute to the limitation of environmental impact on human health.

Soil protection has both a national and community-wide dimension and requires that Member States implement national and community relevant policy.

The Commission requests the Council and the European Parliament to endorse the approach it has established in this Communication.