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Part 6 - Chapter 4: Articles 15-17 - Awareness Rising, Reporting And Exchange Of Information
Article 15 - Awareness raising and public participation
Article 15 - Awareness raising and public participation 1. Member States shall take appropriate measures to raise awareness about the importance of soil for human and ecosystem survival, and promote the transfer of knowledge and experience for a sustainable use of soil. 2. Article 2(1), (2), (3) and (5) of Directive 2003/35/ EC shall apply to the preparation, modification and review of the programmes of measures on risk areas referred to in Article 8 and the National Remediation Strategies referred to in Article 14. |
Content
6.1 Member States must take 'appropriate measures' to raise public awareness of the importance of soil, and promote the transfer of knowledge and experience for the sustainable use of soil. Article 2 of the Public Participation Directive ( PPD) should be applied to the preparation, modification and review of the programme of measures described in the proposed Article 8, and the National Remediation Strategy described in the proposed Article 14. This would mean that certain steps would have to be taken to ensure that the public is given early and effective opportunities to participate in the preparation and modification or review of these programmes and strategies.
Existing EC/domestic legislation
6.2 In terms of the application of the Public Participation Directive, there is currently no existing legal obligation to consult on policies like programmes of measures or national remediation strategies generally. It refers to specific Directives. But we are likely to do this in any event.
Issues raised
6.3 The duty to raise awareness is not considered to cause any significant difficulties. Some progress has already been made in this area under the Soil Action Plan for England. For example, a programme of soils education has been developed, including resources for use in schools and awareness raising has taken place under agricultural schemes such as cross compliance and catchment sensitive farming.
6.4 In Scotland a series of public events continues to champion the importance of soil for our food, landscape, wildlife, water and climate and highlight how soils play a crucial role in our society. The Farm Soil Plan has raised awareness on soil amongst Scottish farmers.
Initial Regulatory Impact Assessment - costs and benefits
6.5 Costs of awareness raising have not been analysed in the Commission's Impact Assessment. However, experience of running awareness raising campaigns suggests set up costs of £2 million, with ongoing costs of £0.5 million p.a.
Questions
- Q.41 Do you agree with our concerns and the costs and benefits identified?
- Q.42 What are your views on this provision and how could it could be improved?
Article 16 - Reporting
Article 16 - Reporting 1. Member States shall make the following information available to the Commission within eight years from [transposition date], and every five years thereafter: - a summary of the initiatives taken pursuant to Article 5;
- the risk areas established pursuant to Article 6(1);
- the methodology used for risk identification pursuant to Article 7;
- the programmes of measures adopted pursuant to Article 8 as well as an assessment of the efficiency of the measures to reduce the risk and occurrence of soil degradation processes;
- the outcome of the identification pursuant to Article 11(2) and (3) and the inventory of contaminated sites established pursuant to Article 10(2);
- the National Remediation Strategy adopted pursuant to Article 14;
- a summary of the initiatives taken pursuant to Article 15 as regards awareness raising.
2. The information referred to in paragraph 1(b) shall be accompanied by metadata and shall be made available as documented digital georeferenced data in a format that can be read by a geographic information system ( GIS). |
Issues raised
6.6 Communicating what soil we have and what threats they are subject to will not be a problem in relation to risk identification and the related programme of measures, as we already have GIS systems in place that can do much of this. Data on contamination is widely available and information on sealing is available.
6.7 The requirement to make information for reporting purposes on the identified risk areas available in a format that can be read by GIS seems unnecessary. There has been no analysis of the costs and benefits of this or any explanation as to how the Commission or others will use the data.
6.8 It is unlikely that the methodology for identifying risk areas will change, so we would suggest that the requirement should only be to report if it does change.
Questions
- Q.43 What are your views on this provision and how could it be improved?
Article 17 - Exchange of Information
Article 17 - Exchange of information Within one year from [entry into force], the Commission shall set up a platform for the exchange of information between Member States and stakeholders on the risk area identification pursuant to Article 6 and on risk assessment methodologies for contaminated sites currently in use or under development. |
Issues raised
6.9 It is unclear how this "platform for the exchange of information between Member States and stakeholders" will work. We will seek more information on how this will work and what benefits it will deliver for Member States.
6.10 The provision is narrow and should also allow for exchange of other information, such as best practice on means of mitigating soil sealing, acceptable levels of risk, etc.
6.11 It is unclear if the Commission want information specific to methodologies 'currently in use or under development' or information on methodologies specific to contaminated sites 'currently in use or under development'.
Questions
- Q.44 Do you consider that this platform for the exchange of information would be useful for the Government and stakeholders?
- Q.45 Is this too narrow a range of information? If so, what else should be included?
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