While many policy instruments are relevant to soil protection, soils lack a dedicated legislative framework at EU level, equivalent to those protecting water, marine environment and air.

In its resolution of 28 April 2021 on soil protection, the European Parliament called on the Commission to design an EU-wide common legal framework, with full respect for the subsidiarity principle, for the protection and sustainable use of soil, addressing all major soil threats. It asked for the proposal to be accompanied by an in-depth impact assessment based on scientific data, analysing both the costs of action and non-action in terms of immediate and long-term impacts on the environment, human health, the internal market and general sustainability.

On 17 November 2021, the European Commission presented, as part of the EU biodiversity strategy for 2030, a new EU soil strategy. The strategy, encompassing non-legislative and legislative actions, aims to bring all EU soil ecosystems in good condition by 2050. One flagship initiative announced in the strategy is a new Soil health law to address transboundary impacts of soil degradation and achieve policy coherence at EU and national level. 

On 6 December 2021, ENVI Committee members held an exchange of views with the Commission on the new EU soil strategy. EU ministers discussed the strategy at the Environment Council on 20 December 2021.

On 5 July 2023, the Commission tabled a proposal for a directive on soil monitoring and resilience ('soil monitoring law'). In line with the soil strategy, the long-term objective of the proposed directive is to have all soils across the EU in healthy condition by 2050. To achieve this ambition, the proposal provides a common definition of what constitutes a healthy soil, and lays down measures on monitoring and assessment of soil health, sustainable soil management, and remediation of contaminated sites. The Parliament adopted its first-reading position on the file on 10 April 2024. The Council agreed its general approach on 17 June 2024. Trilogue negotiations have started (see separate file in Train 1 on 'Soil monitoring law').

References:

• European Commission, EU Soil Strategy for 2030. Reaping the benefits of healthy soils for people, food, nature and climate, COM(2021) 699
• European Commission, Proposal for a directive on soil monitoring and resilience (soil monitoring law), COM(2023) 416
• European Commission, EU Biodiversity Strategy for 2030. Bringing nature back into our lives, COM(2020) 380
• European Parliament, Resolution of 28 April 2021 on soil protection, 2021/25485(RSP)
• European Economic and Social Committee, Opinion, New EU Soil Strategy, NAT/838

Author: Vivienne Halleux, Members' Research Service, legislative-train@europarl.europa.eu