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Consultation on the proposed EU Soil Framework Directive and initial Regulatory Impact Assessment

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Foreword

Protection of our soil resource is an important part of the delivery of a sustainable future for the UK, the European Union and the wider international community. Our soils deliver a range of vital functions for human activities including food and fibre production, support for ecosystems and habitats, storage of carbon, stabilisation of contaminants, and filtration of water.

As part of the 6 th Environment Action Plan agreed in 2002 by the European Council and the European Parliament, the European Commission was asked to produce a Thematic Strategy for the protection of soil as one of a series of measures aimed at addressing issues posed by climate change and other natural and man-made risks to the environment as a whole.

After much further preparatory work and a Europe-wide consultation with a range of expert and stakeholder interests, the Commission finally adopted such a Strategy in September 2006, accompanied by proposal for a new EU Soil Framework Directive.

In summary, the Strategy concludes that soil is being degraded by a host of human activities, such as urban development, inappropriate agricultural and forestry practices, industrial activities, and tourism. The proposed Soil Framework Directive accordingly seeks to ensure the protection and sustainable use of soil based on preventing further soil degradation and preserving its functions, and restoring degraded soils.

The main elements of the proposed Directive focus on requiring Member States to:

  • assess the impacts of policies likely to exacerbate or reduce soil degradation processes during the development of these policies;
  • take precautionary measures to protect soil functions;
  • take appropriate measures to limit sealing - the permanent covering of the soil surface with an impermeable material;
  • identify risk areas with regard to soil erosion, loss of soil organic matter, compaction, salinisation and landslides and draw up a programme of measures to address these risks;
  • take appropriate action to prevent soil contamination; establish a national inventory of contaminated sites; and remediate all contaminated sites using mechanisms to fund remediation;
  • raise awareness of the importance of soils.

Many of these issues are already the subject of existing UK (and in some cases EU) legislation and it is this context that we present this consultation paper. We are keen to learn from policy managers, operational bodies (including local authorities) land managers and users about how they see the proposals in the Directive meeting the needs of soil protection in the UK. It is also important to find out your views on the costs and benefits of the measures if the Directive were adopted and implemented. We would also like your suggestions as to how the measures could be improved, for example, to ensure they focus on real risks and that they require policy measures proportionate to those risks. This information will be valuable input to our negotiations on the proposed Directive.

We look forward to receiving your views.

Jonathan Shaw, Minister for Marine, Landscape & Rural Affairs and Minister for the South East

Jonathan Shaw signature

Michael Russell MSP, Minister for Environment

Michael Russell signature

Jane Davidson, Minister for Environment, Sustainability & Housing

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Page updated: Monday, July 30, 2007