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Directive (EU) 2025/2360 of the European Parliament and of the Council of 12 November 2025 on soil monitoring and resilience (Soil Monitoring Law)

CELEX
32025L2360
Document type
DIR
Sector
Legislation
Date of document
2025-11-12
In force since
2025-12-16
Status
In force

Text

Article-level text, parsed from the formex manifestation.

Article 1 Objectives and subject matter

1 The objectives of this Directive are to establish a solid and coherent soil monitoring framework for all soils across the Union, to reduce soil contamination to levels no longer considered harmful to human health and the environment, to continuously improve soil health in the Union, to maintain soils in a healthy condition and to prevent and address all aspects of soil degradation, with a view to achieving healthy soils by 2050 so that they can provide multiple ecosystem services on a scale sufficient to meet environmental, societal and economic needs, prevent and mitigate the impacts of climate change and biodiversity loss, and increase resilience against natural disasters and in terms of food security.

2 This Directive lays down a framework for and measures on: (a) monitoring and assessment of soil health; (b) soil resilience; and (c) management of contaminated sites.

Article 2 Scope

This Directive applies to all soils in the territory of the Member States.

Article 3 Definitions

For the purposes of this Directive, the following definitions apply: (1) ‘soil’ means the top layer of the Earth’s crust, situated between the bedrock or the parent material and the land surface, and which is composed of mineral particles, organic matter, water, air and living organisms; (2) ‘ecosystem’ means a dynamic complex of plant, animal and micro-organism communities and their non-living environment, interacting as a functional unit; (3) ‘ecosystem services’ means the direct or indirect contributions of ecosystems to the environmental, economic, social, cultural and other benefits that people derive from those ecosystems; (4) ‘soil biodiversity’ means the variation in soil life, from genes to communities of organisms, and the ecological complexes of which they are part, that is complexes ranging from soil micro-habitats to landscapes; (5) ‘soil health’ means the physical, chemical and biological condition of soil, determining its capacity to function as a vital living system and to provide ecosystem services; (6) ‘soil resilience’ means the ability of soil to preserve its functions and maintain its capacity to provide ecosystem services, and to withstand and recover from disturbances; (7) ‘soil management practices’ means practices that impact the physical, chemical or biological properties of soil; (8) ‘soil district’ means a part of the territory of a Member State, which has been delineated by that Member State in accordance with this Directive; (9) ‘soil unit’ means a spatially discrete area within a soil district resulting from the intersection of sets of spatial data used as factors for statistical homogeneity within that soil district; (10) ‘soil descriptor’ means a parameter describing a physical, chemical or biological characteristic of soil health; (11) ‘soil health assessment’ means the evaluation of the health of soil based on the measurement or estimation of the values of soil descriptors; (12) ‘soil contamination’ means the presence of a substance in soil at a level that may be, directly or indirectly, harmful to human health or the environment; (13) ‘contaminant’ means a substance liable to cause soil contamination or contamination of bedrock or parent material; (14) ‘potentially contaminated site’ means a delineated area where soil contamination or contamination of bedrock or parent material caused by anthropogenic point-source activities is suspected based on relevant evidence; (15) ‘contaminated site’ means a delineated area with confirmed soil contamination or contamination of bedrock or parent material caused by anthropogenic point-source activities; (16) ‘land’ means the surface of the Earth that is not regularly covered by water bodies; (17) ‘land cover’ means the physical and biological cover of the surface of the Earth; (18) ‘soil sealing’ means the covering of soil with completely or partially impermeable material; (19) ‘sealed soil’ means an area of soil that underwent soil sealing; (20) ‘soil removal’ means the temporary or long-term total or partial removal of soil in an area; (21) ‘de-sealing’ means the conversion of sealed soil into soil that is not sealed soil; (22) ‘transfer function’ means a mathematical rule that enables the value of a measurement performed using a methodology different from a reference methodology to be converted into the value that would be obtained by performing the soil measurement using the reference methodology; (23) ‘public concerned’ means the public affected or likely to be affected by soil degradation, or having an interest in the decision-making procedures related to the implementation of the obligations under this Directive, including landowners, land managers and land users, as well as non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law; (24) ‘soil regeneration’ means an intentional activity aimed at changing the condition of soil from degraded to healthy; (25) ‘risk’ means the likelihood of harmful effects to human health or the environment resulting from exposure to soil contamination or to contamination of bedrock or parent material; (26) ‘soil investigation’ means a process that can be performed in multiple and iterative phases to assess the presence and levels of contaminants in soil, bedrock or parent material and, if relevant, to characterise and determine the extent of a contaminated site; (27) ‘soil remediation’ means a set of actions that reduce, isolate or immobilise contaminants in soil, bedrock or parent material; (28) ‘risk reduction measures’ mean measures that aim to reduce the risks that contaminated sites pose to human health and the environment, either by means of soil remediation or modification of the source-pathway-receptor linkage without changing the characteristics of the contamination itself.

Article 4 Soil districts and soil units

1 Member States shall establish, for administrative purposes, one or more soil districts which shall cover their entire territory and be under the responsibility of one or more competent authorities as designated pursuant to Article 5.

2 Member States shall establish soil units which together cover their entire territory, for the purposes of designing monitoring and of reporting with regard to soil health within a given margin of error within the soil unit concerned, taking into account: (a) the geographical extent of soil districts as established pursuant to paragraph 1; (b) the soil type as defined in the map of the soil regions of the European Union and Adjacent Countries 1:5000000, published by the Federal Institute of Geosciences and Natural Resources (BGR), in partnership with the Joint Research Centre (JRC); (c) the land use categories, excluding water bodies, as referred to in Regulation (EU) 2018/841.

3 For the purposes of establishing their soil units, Member States may use, where available at the Union, national or subnational level, updates of data referred to in paragraph 2 or more detailed data equivalent to those data. Member States may take into account additional spatial data to establish their soil units, such as data concerning the climate, environmental zones as described in the relevant scientific studies or reports, or river basins.

Article 5 Competent authorities

Member States shall designate the competent authorities responsible at an appropriate level for carrying out the obligations provided for in this Directive.

Article 6 Monitoring framework for soil health and for soil sealing and soil removal

1 Member States shall establish a monitoring framework (‘soil monitoring framework’) at a level which is appropriate to the soil descriptors and soil sealing and soil removal indicators to ensure that regular, coherent and accurate monitoring of soil health and of soil sealing and soil removal is carried out in accordance with this Article and with Annexes I and II. The soil monitoring framework shall build on existing monitoring frameworks at national level and Union level including, where appropriate, data from the land use/cover area frame statistical survey (LUCAS). If necessary, Member States may adapt their soil monitoring framework for their outermost regions in order to take into account the specific characteristics of those regions.

2 Member States shall monitor soil health in each soil unit and soil sealing and soil removal in each soil district.

3 The monitoring framework shall be based on the following: (a) the soil descriptors and criteria for healthy soil condition referred to in Article 7; (b) the sampling points to be determined in accordance with Article 9(1); (c) the soil measurements to be carried out by Member States and, if applicable, by the Commission in accordance with Article 9(3) and (4); (d) scientifically robust remote-sensing data and products as referred to in paragraph 4 of this Article, if any; (e) the soil sealing and soil removal indicators referred to in Article 7(1), second subparagraph.

4 The Commission and the European Environment Agency (EEA) shall leverage existing space-based data and products delivered under the Copernicus component of the Union Space Programme, established by Regulation (EU) 2021/696, to explore possibilities with regard to, and develop, in cooperation with Member States, soil remote-sensing products, to provide the Member States with the necessary data on soil sealing and soil removal indicators and to support the Member States in monitoring the relevant soil descriptors.

5 By 17 December 2027, the Commission and the EEA shall, on the basis of existing data, establish a digital soil health data portal (the ‘digital soil health data portal’) to provide access in a georeferenced spatial format to at least the available soil health data, aggregated at the soil unit level or at a more detailed level, resulting from: (a) the soil measurements referred to in Article 9(3) and (4); (b) the relevant soil remote-sensing data and products referred to in paragraph 4 of this Article. The processing and accessing of soil health data referred to in the first subparagraph shall be performed in accordance with relevant Union law.

6 The Commission and the EEA shall ensure that the Member States are given, in a timely and effective manner, the opportunity to review soil health data and to request the correction of any errors, before such data are made public through the digital soil health data portal. The Commission and the EEA shall ensure that such opportunity is also given in relation to any other report to be published in the digital soil health data portal and based on the soil monitoring framework.

7 The digital soil health data portal may provide access to soil health-related data other than the data referred to in paragraph 5 if those soil health-related data were shared or collected in accordance with the formats or methods established by the Commission pursuant to paragraph 9.

8 The digital soil health data portal shall not provide access to data and information the disclosure of which would adversely affect public security or national defence.

9 The Commission shall adopt implementing acts to establish formats or methods for sharing or collecting the data referred to in this Article or for integrating those data in the digital soil health data portal. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).

Article 7 Soil descriptors, criteria for healthy soil condition, and soil sealing and soil removal indicators

1 When monitoring and assessing soil health, Member States shall apply the soil descriptors listed in Annex I, Parts A, B and C. When monitoring soil sealing and soil removal, Member States shall apply the soil sealing and soil removal indicators listed in Annex I, Part D.

2 When assessing soil health, Member States shall use criteria for healthy soil condition consisting of: (a) non-binding sustainable target values listed in Annex I, Parts A and B; and (b) operational trigger values set in accordance with paragraph 6.

3 Member States shall set a list of organic contaminants for the soil descriptor related to soil contamination referred to in Annex I, Part B. For that purpose, Member States may take into account the indicative list of soil contaminants referred to in Article 8.

4 Member States shall set a list of contaminants for the soil descriptors related to soil contamination referred to in Annex I, Part C, including pesticides, their metabolites and per- and polyfluoroalkyl substances (PFAS), representing the highest risk to human health and the environment, taking into account the indicative list of soil contaminants referred to in Article 8 as well as relevant information on the following, if available: (a) the toxicity of the soil contaminant; (b) the persistence and mobility of the soil contaminant; (c) possible sources and occurrence of the soil contaminant; (d) quantitative data regarding the production, use, consumption or sales volumes of the substances involved in the Member States concerned; (e) human biomonitoring data from research projects, and the presence of contaminants in environmental media.

5 Member States shall set the non-binding sustainable target values for the soil descriptors listed in Annex I, Part B, in accordance with the provisions set out in Annex I, Part B, third column.

6 Member States shall set one or more operational trigger values for each soil descriptor listed in Annex I, Parts A and B, reflecting soil degradation levels on the basis of which support for soil health and soil resilience in accordance with Article 11 is needed. Member States may set the operational trigger value for one or more soil descriptors at the same level as the non-binding sustainable target value for those soil descriptors.

7 Member States may set soil descriptors and soil sealing and soil removal indicators in addition to those that are listed in Annex I.

8 Member States shall inform the Commission when they set or adapt soil descriptors, soil sealing and soil removal indicators or criteria for healthy soil condition in accordance with paragraphs 2 to 8.

Article 8 Indicative list of soil contaminants

1 The Commission shall, in cooperation with the Member States, establish an indicative list containing both soil contaminants with potential significant risks to soil health and soil resilience, human health or the environment and soil contaminants for which data are needed to address the impact of such potential significant risks.

2 The soil contaminants, including pesticides, their metabolites and PFAS, to be included in the indicative list referred to in paragraph 1, shall be selected on the basis of their potential to cause a significant risk to soil health and soil resilience, human health or the environment, of their toxicity and of the exposure to them across the Union.

3 By 17 June 2027, the Commission shall establish, in cooperation with Member States, the indicative list of soil contaminants referred to in paragraph 1 and shall update it, where necessary, based on the results of the monitoring and assessment of soil health carried out pursuant to this Chapter and in light of scientific and technical progress.

Article 9 Measurements and methodologies

1 Member States shall determine the number and location of sampling points by applying the methodology set out in Annex II, Part A. For the purpose of the first subparagraph, the Commission shall provide Member States with relevant maps of soil descriptors, the initial sampling points and the relevant data linked to sampling points collected under previous LUCAS soil surveys.

2 After determining the number and location of the sampling points and prior to performing the sampling survey, Member States shall notify the Commission of any potential need for support in terms of field sampling and soil analysis as well as any other needs related to the sampling survey. The Commission shall assess the needs for, and set the appropriate level of, support in coordination with the Member States concerned. In the event that the Commission provides support under this paragraph, the Member State concerned shall adapt the sampling survey accordingly. The Member State concerned and the Commission shall set out in a written agreement the practical arrangements for such support. In the event that the Commission provides support for field sampling, the Member State concerned shall ensure that the Commission is able to carry out in situ soil sampling.

3 Member States and, in the event that the Commission provides support under paragraph 2 in accordance with the written agreement referred to in the third subparagraph of that paragraph, the Commission shall carry out soil measurements by taking soil samples at the sampling points referred to in paragraph 1 and collect, process and analyse data as relevant in order to determine the following: (a) the values of the soil descriptors listed in Annex I; (b) where relevant, the values of the additional soil descriptors referred to in Article 7(7). Member States shall be exempt from taking soil samples from sealed soil and areas that underwent soil removal. Member States may exclude the areas not at risk of salinisation from the measurement of electrical conductivity referred to in Annex I, Part A, and shall inform the Commission thereof, providing an explanation. The in situ soil sampling shall be carried out in accordance with the minimum criteria for the methodology for field sampling surveys set out in Annex II, Part A, point 2. For the soil contamination descriptors listed in Annex I, Part C, Member States may limit the sampling points to a relevant subset of the total number of sampling points determined in accordance with paragraph 1, first subparagraph, of this Article. For the descriptor on loss of soil biodiversity listed in Annex I, Part C, Member States shall carry out measurements on at least 5 % of the total number of sampling points determined in accordance with paragraph 1, first subparagraph, of this Article.

4 Provided that the data were collected in the same monitoring cycle during which the sampling survey was performed and according to the methodologies referred to in Annex II, Part A, point 2, and Part B, the soil measurements to be carried out by Member States pursuant to paragraph 3 of this Article may consist of, where relevant, the measurements made by: (a) Member States in accordance with existing national or subnational soil monitoring networks and soil surveys; (b) Member States in accordance with Union and international law; (c) private actors, research organisations and other parties, where available. For the performance of the first soil measurements as referred to in paragraph 8, the cycle for the collection of the data referred to in the first subparagraph of this paragraph shall, to the extent that those data are available, start on 16 December 2024.

5 Member States shall collect, process and analyse data in order to determine the values of the soil sealing and soil removal indicators listed in Annex I, Part D.

6 Member States shall apply the following: (a) the methodologies for determining or estimating the values of the soil descriptors set out in Annex II, Part B; (b) the minimum methodological criteria for determining the values of the soil sealing and soil removal indicators set out in Annex II, Part C; (c) any requirements laid down by the Commission in accordance with paragraph 13 of this Article. Member States may apply methodologies other than those listed in the first subparagraph, points (a) and (b), of this paragraph, provided that validated transfer functions are available, as required in Annex II, part B, fourth column.

7 Member States shall ensure that laboratories, or parties contracted by laboratories, performing the soil measurements to be carried out by Member States pursuant to paragraph 3 apply quality management system practices in accordance with EN ISO/IEC-17025 or with other equivalent standards accepted at Union or international level, and have access to suitably qualified staff with adequate training and to the infrastructure, equipment and products necessary for carrying out soil measurements. When assessing compliance with quality management system practices, Member States may deem it sufficient to have one accreditation for any of the methodologies for determining the values of soil descriptors set out in Annex II, Part B. Member States shall ensure that laboratories, or parties contracted by laboratories, performing the soil measurements to be carried out by Member States pursuant to paragraph 3 demonstrate their competences in relation to analysis of relevant measurands by: (a) participating in proficiency testing programmes covering the methods of analysis at levels of concentration that are representative of soil monitoring programmes, if available; (b) analysing reference materials that are representative of collected soil samples that contain appropriate levels of concentration, if available. Where the Commission carries out soil measurements in accordance with paragraphs 3 and 4, this paragraph shall apply to the Commission.

8 Member States and, in the event that the Commission provides support under paragraph 2, the Commission shall ensure that the first soil measurements are performed by 17 December 2030.

9 Member States shall ensure that new soil measurements are performed every six years within one sampling campaign or as part of a continuous sampling scheme during the relevant six-year period.

10 By way of derogation from paragraph 9 of this Article, Member States may decide, before the second and subsequent sampling campaigns, not to carry out new soil measurements for a soil descriptor in part or in all of their territory if it is reasonable and justified to expect, based on data previously collected pursuant to this Article and Articles 6, 7 and 8, and on the use of scientific evidence, including predictive soil models, supported by a statistically significant amount of field data in terms of geographical and temporal coverage, that the value of such soil descriptor has not evolved significantly with respect to the uncertainty of the measurement since the last monitoring cycle. Member States shall notify the Commission of any such decision without undue delay. The derogation laid down in the first subparagraph shall not apply as regards the carrying out of soil measurements for the same descriptor over two consecutive sampling campaigns.

11 For each monitoring cycle, Member States shall store for at least two monitoring cycles a representative subset of soil samples, in dedicated soil archives. Member States may decide not to store soil samples from their outermost regions. Where Member States store soil samples in their dedicated soil archives, they shall determine the conditions for access to and use of such soil samples. Where Member States decide to transfer a representative subset of their soil samples to the Commission’s dedicated soil archive, the Commission shall provide for that transfer. The Member States and the Commission shall establish the practical arrangements regarding the shipment of those soil samples and the conditions for their access and use. The Commission shall transmit to the Member States any results coming from further checks of relevant parameters or future analysis of new emerging parameters. The Commission shall store the soil samples in accordance with its archiving protocol.

12 Member States shall ensure that the values of the soil sealing and soil removal indicators are updated at least every three years, based on available information.

13 The Commission is empowered to adopt delegated acts in accordance with Article 21 to amend Annex II, Part B, in order to adapt to scientific and technical progress the reference methodologies referred to therein, in particular where values of soil descriptors can be determined by soil remote-sensing products referred to in Article 6(4).

Article 10 Soil health assessment

1 Member States shall assess the soil health in all their soil districts and associated soil units based on the data collected in the context of the soil monitoring referred to in Articles 6 to 9 for each of the soil descriptors listed in Annex I, Parts A and B. Member States shall ensure that soil health assessments are carried out every six years and that the first soil health assessment is carried out by 17 December 2031.

2 Soil health shall be assessed with respect to each aspect of soil degradation using the non-binding sustainable target values and the operational trigger values for the related criterion for healthy soil condition set in accordance with Article 7(2), (5) and (6).

3 Member States shall analyse the values for the soil descriptors listed in Annex I, Part C, with a view to identifying whether there is a critical loss of ecosystem services, taking into account the relevant data and available scientific knowledge. Member States shall analyse the values of soil sealing and soil removal indicators listed in Annex I, Part D, with a view to assessing the impact of soil sealing and soil removal on the loss of ecosystem services and on the objectives and targets established under Regulation (EU) 2018/841.

4 Member States may identify improvements for each soil descriptor listed in Annex I, Parts A, B and C.

5 Good condition for a descriptor listed in Annex I, Parts A and B, shall be considered to have been achieved when the non-binding sustainable target value is met. Member States shall set an interval of values for the soil descriptors listed in Annex I, Parts A and B, that constitute moderate condition and poor condition with respect to the operational trigger values. Only the interval of moderate condition may be null.

6 Based on the soil health assessments carried out in accordance with this Article, the competent authorities referred to in Article 5 shall, where relevant in coordination with local, regional and national authorities, identify, in each soil district, the areas where individual criteria for healthy soil condition are not satisfied and for which support for soil health and soil resilience in accordance with Article 11 is needed, and inform the public, on an aggregated level, in accordance with Article 20. The soil health monitoring data, the results of the soil health assessments and the analysis referred to in paragraph 3 of this Article shall inform the development of the programmes, plans, targets and measures listed in Annex III.

7 In order to contribute to improving soil health, the competent authorities referred to in Article 5 shall, where relevant in coordination with local, regional and national authorities, identify, in each soil district, the areas with high potential for improvement of soil health through de-sealing or soil reconstruction. The potential of areas of sealed soil and areas that underwent soil removal shall be assessed based on technical feasibility, cost-efficiency and the achievable level of soil health improvement.

8 In addition to the obligations laid down in Article 20 and in accordance with national law, Member States shall communicate soil health data referred to in Articles 6 to 9 and the results of the soil health assessments carried out in accordance with this Article to the relevant landowners and land managers upon their request, in particular to support the development of the science-based advice referred to in Article 11(1), point (a).

Article 11 Support for soil health and soil resilience

1 Member States shall encourage and support landowners and land managers as regards improving soil health and soil resilience and facilitate such improvement by landowners and land managers by, inter alia: (a) ensuring easy and equal access to impartial and independent science-based advice and to information, training activities and capacity building for soil managers, landowners, land managers and relevant authorities with regard to practices that improve soil health and soil resilience; (b) promoting awareness of the multiple medium-term and long-term benefits of practices that improve soil health and soil resilience and drawing attention to the costs of practices detrimental to soil health and soil resilience; (c) promoting research and innovation in relation to sustainable soil management concepts and soil regeneration practices adapted to the local soil characteristics, climatic conditions and land use; (d) providing, at a local level, information on suitable measures and practices to increase soil health and soil resilience, based on the soil health assessment carried out in accordance with Article 10 and, where appropriate, taking into account documents and scientific tools referred to in Article 24(1), point (k); (e) making available a regularly updated overview of available funding, instruments and other measures that support soil health and soil resilience.

2 Member States shall also do the following, on a regular basis: (a) assess what technical and financial needs exist in relation to improving soil health and soil resilience; (b) engage with the public concerned, in particular landowners and land managers, and ensure that the public concerned is given an early and effective opportunity to determine the level of support needed; and (c) assess the expected effects on soil health and soil resilience of the measures taken in the context of the programmes, plans, targets and measures listed in Annex III.

Article 12 Land take mitigation principles

Without impinging on the autonomy of the Member States with regard to spatial planning, Member States shall ensure that the following principles are taken into consideration in the event of new soil sealing or new soil removal as part of land take, at the appropriate spatial level within their territory: (a) avoiding or reducing as much as possible the loss of the capacity of the soil to provide multiple ecosystem services, including food production, by: (i) reducing, as much as possible, the area of soil affected by soil sealing and soil removal, in particular by encouraging the reuse and repurposing of sealed soils, such as existing buildings; (ii) selecting areas where the loss of ecosystem services would be minimal, in particular areas with severely degraded soils, such as brownfields; and (iii) carrying out the soil sealing and soil removal in a way that minimises the negative impact on soil, in particular by protecting the surrounding soils or by keeping the soil sealing as reversible as possible; (b) aiming to offset to a reasonable extent the loss of the capacity of the soil to provide multiple ecosystem services, including through returning ecosystem services by encouraging the de-sealing of sealed soils and the reconstruction of areas that underwent soil removal.

Article 13 Risk-based and stepwise approach

1 Member States shall ensure that the risks to human health and the environment of potentially contaminated sites and contaminated sites are identified, managed, and kept at acceptable levels, taking account of the environmental, social and economic impact of the soil contamination and of the risk reduction measures taken pursuant to Article 16(4). Those risks may be evaluated taking into account the current and planned land use during each of the steps referred to in paragraph 2 of this Article. Member States shall establish a hierarchy of responsibility to determine the party or parties responsible for the site-specific implementation of paragraph 2, points (b) and (c), of this Article.

2 Without prejudice to more stringent requirements that arise from Union or national law, Member States shall, by 17 December 2029, establish a risk-based and stepwise approach for the following: (a) the identification of potentially contaminated sites in accordance with Article 14; (b) the investigation of potentially contaminated sites in accordance with Article 15; (c) the site-specific risk assessment and management of contaminated sites in accordance with Article 16.

3 The public concerned shall be given early and effective opportunities: (a) to provide comments on the establishment and concrete application of the risk-based and stepwise approach referred to in paragraph 2; (b) to provide information relevant for the activities referred to in point (a), such as human biomonitoring or environmental monitoring data from research projects; (c) to provide information with a view to correcting the information contained in the register referred to in Article 17. Comments provided under point (a) of this paragraph shall be taken into account when Member States establish and apply the risk-based and stepwise approach.

4 For the purposes of paragraph 3, Member States shall ensure that relevant information is provided to the public in a timely, adequate and effective manner, including by public notices and electronic media.

Article 14 Identification of potentially contaminated sites

1 Member States shall systematically identify potentially contaminated sites on their territory.

2 For the purposes of the identification of potentially contaminated sites, Member States shall establish a list of potentially contaminating activities. Those activities may be further classified or prioritised according to their potential to cause soil contamination based on scientific evidence. When identifying potentially contaminated sites on their territory, Member States shall take into account the following criteria, where relevant: (a) past or current operation of a potentially contaminating activity; (b) operation of an activity referred to in Annex I to Directive 2010/75/EU; (c) operation of an establishment referred to in Directive 2012/18/EU of the European Parliament and of the Council ; (d) operation of an activity referred to in Annex III to Directive 2004/35/EC; (e) occurrence of a potentially contaminating event, accident, calamity, disaster, incident or spill liable to cause soil contamination; (f) relevant information resulting from the soil health monitoring carried out in accordance with Articles 6 to 9.

3 Member States shall ensure that potentially contaminated sites existing on or before 16 December 2025 are identified and duly recorded in the register referred to in Article 17 by 17 December 2035.

Article 15 Investigation of potentially contaminated sites

1 Member States shall ensure that soil investigations on potentially contaminated sites identified pursuant to Article 14 are carried out in accordance with paragraph 2 of this Article and with the risk-based and stepwise approach referred to in Article 13.

2 Member States shall lay down rules concerning the timeframe, content, form and prioritisation of soil investigations. Member States shall take into account potentially contaminated sites located in areas used for the abstraction of water for human consumption in the prioritisation of soil investigations. Member States may consider baseline reports and monitoring measures implemented in accordance with Directive 2010/75/EU as well as other investigations as soil investigations, if such reports, measures and investigations meet the requirements of this Directive.

3 Member States shall establish a list of specific events that trigger a soil investigation. Soil investigations shall be carried out within the timeframe referred to in paragraph 2.

Article 16 Site-specific risk assessment and management of contaminated sites

1 Member States shall lay down the specific methodology for the site-specific risk assessment of contaminated sites. When establishing such methodology, Member States shall ensure that the phases and principles referred to in Annex V are taken into consideration.

2 Member States shall determine what constitutes an unacceptable risk to human health and the environment resulting from contaminated sites, by taking into account existing scientific knowledge, the opinions of health authorities, the precautionary principle, local specificities, and current and planned land use.

3 For each contaminated site that has been found to be contaminated following an investigation pursuant to Article 15 or by any other means, Member States shall ensure that a site-specific risk assessment is carried out for the current and planned land use to determine whether the contaminated site poses unacceptable risks to human health or the environment. If the information gathered pursuant to Article 15 is sufficient to conclude that the soil contamination does not constitute an unacceptable risk to human health or the environment, or to conclude that soil remediation is needed, Member States may decide not to carry out the site-specific risk assessment.

4 On the basis of the results of the site-specific risk assessment referred to in paragraph 3, or of a conclusion that soil remediation is needed, reached in accordance with that paragraph, Member States shall ensure that the appropriate risk reduction measures are taken and implemented, without undue delay, to reduce to an acceptable level the risks to human health and the environment.

5 When deciding on the appropriate risk reduction measures, Member States shall, while aiming for soil decontamination, including the prevention of further contamination, take into consideration the long-term costs, benefits, effectiveness, durability and technical feasibility of available risk reduction measures. The risk reduction measures may consist of the measures referred to in Annex IV.

6 The Commission is empowered to adopt delegated acts in accordance with Article 21 to adapt Annexes IV and V to scientific and technical progress.

Article 17 Register

1 By 17 December 2029, Member States shall, in accordance with paragraph 2, set up and maintain a register of potentially contaminated sites and contaminated sites as established in accordance with this Chapter.

2 The register shall contain the data and information set out in Annex VI, except data and information the disclosure of which would adversely affect public security or national defence.

3 Member States shall manage or supervise the register and ensure that it is regularly reviewed and updated.

4 Member States shall make public, free of charge, the register and the data and information referred to in paragraphs 1 and 2 of this Article. Disclosure of any data and information may be refused or restricted by the competent authority where the conditions laid down in Article 4 of Directive 2003/4/EC are fulfilled. The register shall be made available in the form of an online georeferenced spatial database.

Article 18 Union funding

Given the priority inherently attached to the establishment of soil monitoring, to soil resilience, and to the management of contaminated sites, the implementation of this Directive shall be supported by Union financial programmes in accordance with their applicable rules and conditions. The Commission shall assess any gap between the available Union funding and funding needs for supporting Member States in the implementation of this Directive, paying specific attention to environmental monitoring needs. When implementing this Directive, the Commission and Member States shall be encouraged to make use of financial resources from appropriate sources, including Union, national, regional and local funds, to finance actions with a focus on soil protection, soil resilience and soil regeneration.

Article 19 Reporting by Member States

1 Member States shall report electronically the following data and information to the Commission and to the EEA every six years: (a) the data relating to, and the results of, the monitoring of soil health and soil health assessments carried out in accordance with Articles 6 to 10; (b) a trend analysis of soil health for the soil descriptors listed in Annex I, Parts A, B and C, and of soil sealing and of soil removal indicators listed in Annex I, Part D, in accordance with Article 10; (c) a summary of the progress on: (i) the support for soil health and soil resilience, in accordance with Article 11; (ii) the identification and investigation of potentially contaminated sites, the management of contaminated sites, and the registration of potentially contaminated sites and contaminated sites, in accordance with Articles 13 to 17; Member States shall submit the first of the reports referred to in the first subparagraph by 17 June 2032.

2 Member States and the Commission, with the support of the EEA, shall ensure that there is a mutual exchange of the data and information referred to in paragraph 1 of this Article and that such exchange is effective and respects statistical confidentiality. Member States shall also ensure that the Commission and the EEA have timely and effective access to the data and information contained in the register referred to in Article 17.

3 By way of derogation from paragraphs 1 and 2, if disclosure of certain data and information would adversely affect public security or national defence, Member States may decide not to report, exchange or grant access to such data and information.

4 By 17 March 2029, Member States shall provide the Commission with online access to the following: (a) an up-to-date list of their soil districts and soil units referred to in Article 4 and the information on their geographical extent; (b) an up-to-date list of the competent authorities referred to in Article 5.

5 Member States shall inform the Commission of the outcome of the establishment of the risk-based and stepwise approach referred to in Article 13, of the methodology laid down pursuant to Article 16(1), and of what they determine to constitute an unacceptable risk pursuant to Article 16(2).

6 The Commission is empowered to adopt implementing acts establishing the format and the arrangements for submitting the data and information referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).

Article 20 Information to the public

1 Member States shall make public the results generated by the monitoring of soil health carried out under Article 9 and the soil health assessments carried out in accordance with Article 10 in the form of aggregated data, and make public the register referred to in Article 17.

2 The Commission shall ensure that the public has access to the digital soil health data portal. The Commission shall publish the list of the competent authorities as communicated by Member States in accordance with Article 19(4), point (b).

3 Disclosure of any data and information required under this Directive may be refused or restricted where the conditions laid down in Article 4 of Directive 2003/4/EC are fulfilled.

4 Where the Commission or Member States use confidential data to produce European statistics, they shall protect such data in accordance with Regulation (EC) No 223/2009. The Commission or the EEA shall be required to obtain the explicit authorisation of the authority that collected the confidential data before their disclosure.

Article 21 Exercise of the delegation

1 The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2 The power to adopt delegated acts referred to in Article 9(13) and Article 16(6) shall be conferred on the Commission for an indeterminate period of time from 16 December 2025.

3 The delegation of power referred to in Article 9(13) and Article 16(6) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4 Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5 As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6 A delegated act adopted pursuant to Article 9(13) or Article 16(6) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 22 Committee procedure

1 The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2 Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 23 Access to justice

1 Member States shall ensure that, in accordance with their national legal system, members of the public concerned have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of the soil health assessment, the measures taken pursuant to this Directive and any failures to act of the competent authorities, provided that one of the following conditions is met: (a) they have a sufficient interest; (b) they maintain the impairment of a right, where administrative procedural law of a Member State requires such impairment as a precondition. Member States shall determine what constitutes a sufficient interest and impairment of a right, and shall do so consistently with the objective of providing the public with wide access to justice. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purposes of the first subparagraph, point (a). Such organisations shall also be deemed to have rights capable of being impaired for the purposes of the first subparagraph, point (b).

2 Standing in the review procedure shall not be conditional on the role that the member of the public concerned played during a participatory phase of the decision-making procedures under this Directive.

3 The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide adequate and effective redress mechanisms, including injunctive relief as appropriate.

Article 24 Support by the Commission

1 The Commission shall provide Member States with the necessary support, assistance and capacity building in order to help them carry out their obligations under this Directive. In particular, the Commission shall, in cooperation with the Member States, draw up documents and develop scientific tools that Member States may use to facilitate them in: (a) establishing a soil monitoring framework and determining the number and location of sampling points pursuant to Article 9(1) and (2) and Annex II, Part A, point 1; (b) setting the non-binding sustainable target values and operational trigger values for the soil descriptors pursuant to Article 7(2) and Annex I, Parts A and B; (c) setting their list of organic contaminants to be monitored pursuant to Article 7(3) and Annex I, Part B; (d) assessing the areas not at risk of salinisation that can be excluded from the measurements of electrical conductivity pursuant to Article 9(3), third subparagraph, and Annex I, Part A; (e) carrying out in situ sampling of soil descriptors in accordance with Article 9(3), fourth subparagraph and Annex II, Part A, point 2; (f) determining the values of the soil sealing and soil removal indicators pursuant to Article 9(5) and in accordance with Annex II, Part C; (g) determining or estimating the values of the soil descriptors pursuant to Article 9(6) and Annex II, Part B; (h) identifying and assessing any critical loss of ecosystem services and the impact of soil sealing and soil removal on the loss of ecosystem services pursuant to Article 10(3); (i) identifying potentially contaminated sites and setting a list of potentially contaminating activities pursuant to Article 14; (j) laying down the specific methodology for the site-specific risk assessment of contaminated sites, taking into account common practices, methodologies and toxicological data pursuant to Article 16; and (k) providing, at local level, information on measures and practices to increase soil resilience pursuant to Article 11(1), point (d), by providing and regularly updating a repository of knowledge on soil resilience containing practical information on soil management practices.

2 The documents and scientific tools referred to in paragraph 1 shall be drawn up and developed within the following time-limits: (a) as regards point (a), by 17 December 2026; (b) as regards points (b), (c), (e) and (j), by 17 June 2027; (c) as regards point (i), by 17 December 2027; (d) as regards points (d), (f) and (g), by 17 December 2028; (e) as regards point (h), by 17 December 2029.

3 The Commission shall organise regular exchanges of information, experience and best practices between Member States and, where relevant, other stakeholders on the application of this Directive. The first exchange shall take place by 17 March 2026. The Commission shall publish the results of the exchanges of information, experience and best practices referred to in the first subparagraph and, where relevant, provide recommendations or guidelines to Member States.

4 The Commission shall facilitate cooperation between Member States to ensure, where appropriate, that competent authorities responsible for neighbouring soil districts in which there are transboundary effects on soil, comparable soil types or land uses across the soil-district border, exchange best practices, and strive to achieve a coherent approach in the application of this Directive.

Article 25 Evaluation and review

1 By 17 June 2033, the Commission shall carry out an evaluation of this Directive to assess the progress made towards achieving its objectives and the need to amend it in order to set more specific requirements to achieve its objectives. That evaluation shall take into account, inter alia, the following elements: (a) the experience gained through the implementation of this Directive; (b) the data and information referred to in Article 19; (c) relevant scientific and analytical data, including results from research projects funded by the Union; (d) an analysis of the remaining progress to be made to achieve healthy soils by 2050; (e) an analysis of the effectiveness of the support provided by Member States to improve soil health and soil resilience; (f) an analysis of the possible need to adapt to scientific and technical progress the provisions of this Directive, in particular regarding the following items: (i) the definition of healthy soils; (ii) the establishment of criteria for soil descriptors listed in Annex I, Part C, and soil sealing and soil removal indicators listed in Annex I, Part D; (iii) the addition of new soil descriptors for monitoring purposes or the adjustment of existing soil descriptors and criteria for healthy soil condition listed in Annex I; (iv) the non-binding sustainable target values and operational trigger values for the soil descriptors pursuant to Article 7(2) and Annex I, Parts A and B, taking into account, inter alia, the objective of ensuring a level playing field within the internal market; (v) the possibility of establishing a higher percentage of a subset of sampling points chosen for the analysis of the soil biodiversity descriptors referred to in Annex I, Part C, based on the results of the first monitoring cycle.

2 The Commission shall present a report on the main findings of the evaluation referred to in paragraph 1 to the European Parliament, to the Council, to the European Economic and Social Committee and to the Committee of the Regions, accompanied, if appropriate, by a legislative proposal.

Article 26 Transposition

1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 17 December 2028. They shall immediately inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2 Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive. The communication of the non-binding sustainable target values and operational trigger values for soil descriptors listed in Annex I shall be accompanied by a justification.

Article 27 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 28 Addressees

This Directive is addressed to the Member States.

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