DEVELOPMENT OF
ENVIRONMENTAL MONITORING STRATEGY
AND ENVIRONMENTAL MONITORING BASELINE SURVEYS
Malta Environment and Planning Authority
St Francis Ravelin, Floriana, FRN1230
ACTIVITY 1 (SOIL LOT 1)
ANALYSIS
DECEMBER 2012
Development of Environmental Monitoring Strategy, and Environmental Monitoring Baseline Surveys – Soil Component
LOT 1 - ACTIVITY 1 – ANALYSIS - TECHNICAL REPORT
Table of Versioning of Report
Emission
Submitted on 30 May 2012
Version 1
Submitted on 13 March 2012
Version 2
Submitted on 21 December 2012
Activity 1
Soil – Lot 1
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Quality Assurance
Service Tender for the Development of Environmental Monitoring Strategy and Environmental
Monitoring Baseline Surveys
Client: Malta Environmental and Planning Authority
Revision Schedule
Version
Data
Author (s)
Final Report Activity no.2
December 2012
ambiente s.c.
Signatures
Approval Level
Internal Check
Internal Approval
Client Approval
Name
Dr. Sara Tonini
Eng. Francesco Amoruso
Agr. Andrea Vatteroni
Signature
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Table of contents
Glossary ....................................................................................................................................................................... 5
Acronyms .................................................................................................................................................................... 6
Forward ....................................................................................................................................................................... 7
Legal background....................................................................................................................................................... 8
1
European regulatory framework addressing the protection and sustainable uses of soil ..................... 12
1.1
The Sixth Environment Action Programme (6th EAP)...................................................................... 12
1.2
The Soil Thematic Strategy: Proposal for a Directive of the EU Parliament and of the Council
establishing a framework for the protection of soil and amending Directive 2004/35/CE (COM(2006) 232
final) 13
1.3
Report from the Commission to the European Parliament, the Council, the EU Economic and
Social Committee and the Committee of the Regions: The implementation of the Soil Thematic Strategy
and ongoing activities (COM(2012) 46 final) .................................................................................................... 20
2
Soil contamination (and waste) ...................................................................................................................... 24
2.1
Directive 2004/35/EC of the EU Parliament and of the Council of 21 April 2004 on
environmental liability with regard to the prevention and remedying of environmental damage ......... 24
2.2
Directive 2008/98/EC of the EU Parliament and of the Council of 19 November 2008 on waste
and repealing certain Directives ........................................................................................................................ 26
3
Multilateral/international agreements........................................................................................................... 29
3.1
Food and Agriculture Organization (FAO) of the United Nations ................................................. 29
3.1.1
FAO initiatives toward land resources............................................................................................ 29
3.1.2
Global Soil Partnership (GSP) ........................................................................................................... 29
3.2
United Nations: the Rio Conventions (Biodiversity; Climate Change; Land Degradation)......... 32
3.2.1
The Convention on Biological Diversity (CBD) ............................................................................. 32
3.2.2
The United Nations Convention to Combat Desertification (UNCCD) ..................................... 36
3.2.3
The United Nations Framework Convention on Climate Change (UNFCCC) ......................... 37
3.2.4 UN Conference on Sustainable Development (Rio de Janeiro, 20-22 June 2012): The Rio+20
"Future We Want" Outcome Document ........................................................................................................ 38
The current state of play.......................................................................................................................................... 42
4
5
Italy .................................................................................................................................................................... 42
4.1
Legal background ................................................................................................................................... 42
4.2
Procedures in use .................................................................................................................................... 43
Malta .................................................................................................................................................................. 45
5.1
Legal background ................................................................................................................................... 45
5.2
National Environmental Policy ............................................................................................................ 45
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6
5.3
Procedures in use .................................................................................................................................... 46
5.4
Environmental monitoring activity for the theme of soil.................................................................. 47
Soil contamination: towards a common framework for a risk based contaminated sites management
49
Findings ..................................................................................................................................................................... 52
7
Assessment of legal compliance ..................................................................................................................... 52
8
Assessment of available data .......................................................................................................................... 52
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GLOSSARY
RAMSOIL has identified a number of risk assessment methodologies for soil degradation processes,
demonstrating comparability among different methodologies;
ENVASSO has proposed minimum requirements for a gradual harmonisation of soil monitoring activities
and policy-relevant soil indicators;
SOILSERVICE has drawn up long-term land use change scenarios and indicated that intensive
agricultural production which fails to pay proper attention to soil biodiversity and soil functions may not
be economically profitable after 2050, unless corrective action is taken;
LUCAS, a survey on land cover, land use and agroenvironmental indicators. In detail, in the 2009 and
2012 surveys, a specific soil module has been integrated in order to provide statistics and indicators for
the European Soil Data Centre (ESDAC) hosted by the Joint Research Centre (JRC) of the Commission: this
could be a starting point for harmonised European monitoring of soil parameters for a whole range of
statistical, research and policy purposes.
The BIOSOIL project, launched in the context of the Forest Focus Regulation, has reported an increase in
organic carbon in some European forest soils.
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ACRONYMS
EEA
European Environmental Agency
CDB
Conserving Dryland Biodiversity
UNCCD United Nations Convention to Combat Desertification
GSP
Global Soil Partnership
COP
Conference of the Parties
E-PRTR
European Pollutant Release and Transfer Register
IED
Industrial Emissions Directive
CAP
Common Agricultural Policy
GAEC
Good Agricultural and Environmental Conditions
BAT
Best available techniques
SVs
Soil Screening Value
SSV
Site Specific Value as a result of Risk Analysis
RBLM
Risk based land management
ISPRA-APAT Italian Institute for Environmental Research and Protection
NEP
Malta Nationale Environmental Policy
USEPA
US Enviromental Protection Agency
FAO
Food and Agriculture Organization of the United Nations
PDS
Project description statement
EIS
Environment impact statement
EIA
Environment impact assessment
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Forward
As a member of the EU and of the international community, Malta has important obligations to report on
the state of the environment and the effectiveness of policy measures addressing particular concerns.
Failure to collect reliable and up-to-date environmental data would not only make Malta more exposed to
various environmental pressures due to poorly informed policy decisions, but will also subject the
Islands to heavy economic penalties for non-compliance with EU reporting obligations.
Malta is in the process of implementing the EU legislative framework regarding the environmental
themes of air, water, radiation and soil.
As regards soil, it is essentially a non-renewable resource and a very dynamic system which performs
many functions and delivers services vital to human activities and ecosystems survival. Information
available suggests that, over recent decades, there has been a significant increase of soil degradation
processes, and there is evidence that they will further increase if no action is taken.
Different policies are contributing to soil protection. But as these policies have other objectives and other
scopes of action, they are not sufficient to ensure an adequate level of protection for all soil in Europe.
Is in this context that the European Commission adopted a Soil Thematic Strategy (COM(2006) 231) and a
proposal for a Soil Framework Directive (COM(2006) 232) on 22 September 2006 with the aim to promote
the sustainable uses of soil across the EU and to effectively protect the soil from its main threats:
contamination, erosion, organic matter decline, salinisation, landslides.
The Strategy and the proposal have been sent to the other European Institutions for the further steps in
the decision-making process, still ongoing. The topic was also addressed by multilateral agreements
affecting the policies and measures for the protection of soil.
Whilst recognising the significance of this process at EU level there is a need to ensure good national
practice for soil management. Moreover various international agreements addressing soil conservation,
by institutions such as FAO, UNEP and so on, did occur in these last years. Therefore it is important that
a national strategy for soil protection in Malta is established and recognised as the basis for action by
competent authorities.
Thus, in accordance with the Tender Document for the Development of Environmental Monitoring
Strategy, and Environmental Monitoring Baseline Surveys issued by Malta Environmental and Planning
Authority – MEPA (CT 3024/2011), Lot 1, Activity 1 – Analysis, the following Report is aimed to assess
the current status of environmental monitoring in the thematic area of soil in Malta.
To achieve this key objective, will need to conduct a review of all relevant legal requirements and official
agreement in the thematic area of soil, as well as analysis of existing programmes, technical skills and
institutional arrangements in order to determine the current state of play in Malta for environmental
monitoring in the subject area.
In general, the Activity will include:
(i)
(ii)
(iii)
Review of national and multilateral/ EU regulatory framework regarding the protection of soil;
Analysis of current environmental monitoring activity regarding the protection of the soil in
Malta and their performance (including the methodology for sample collection, preparation and
analysis methods);
Assessment of critical issues relating to the legal framework and monitoring of active measures
for the soil in the Islands.
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Legal background
This first section of the report contains the review of the European regulatory framework, as well the UN
resolutions/declarations regarding to soil.
Soil management is the product of several pieces of international agreements (bilateral, multilateral),
treaties, operational thematic strategies and overarching policies. The following are some important
legislative tools addressing one or a combination of soil degradation threats:
2006/118/EC & 80/68/EEC – Groundwater Directive (local equivalent is LN343/2001): Improving
groundwater by defining good chemical status is beneficial to pollution reversal from ecosystems
that are strongly interdependent with and therefore directly impacting, soils;
EC1698/2005 - Common Agricultural Policy Pillars 1 and 2 (and as amended) which mainly
addresses measures to prevent soil erosion. Its offshoot EC1783/2003 (and as amended) –
sustaining the implementation of Agri-environmental/GAEC measures for RDP’s 2007-13
programming period – promotes environmental friendly farm practices aimed, amongst other, to
improve overall soil quality (favouring build-up of soil organic matter, the enhancement of soil
biodiversity, the reduction of soil erosion, contamination and compaction, through measures to
reduce pesticides and fertilizers, limitations on the use of machinery or the setting of stocking
limits, promotion of crop rotation and maintenance of terraces or to restrict ploughing);
2004/35EC- Environmental Liability with regard to prevention and remedying of environment
damage (and as amended) with its national equivalent (LN 126/2008) which prevents, amongst
other, contamination of soils;
COM(2004) 427 final - Communication on Flood Risk Management, Flood Prevention,
Protection and Mitigation: Establishes, amongst other, flood risk maps showing areas at risk of
stormwater-related flooding including any soiled land parcels situation within the identified
zones;
85/337/EEC (amended by 97/11/EEC & 2003/35/EC) - Environmental Impact Assessment
Directive (LN 204/2001 repealed by LN 114/2007) : Directive requires identification, description
and assessment of direct and indirect effects of a project on soils (amongst other resources). So
far, there has been little recognition of soil issues in EIAs due to lack of data and evaluation
methods;
96/61/EC (and as amended) Integrated Pollution Prevention and Control (Maltese regulations
included in LN165/2002; LN234/2002, LN234/2004, LN152/2007, LN56/2008): IPPC’s intention was
the introduction of cross-cutting approach. Directive obliges firms of highly polluting industries
to obtain a single permit for all arrangements made including soil protection requirements;
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EU Forest Action Plan (legislative equivalents in Malta are LN12/2001 & LN200/2011
respectively): Tree and Woodland Regulations partly address this item;
2001/81/EC (and as amended) - National Emission Ceilings for Certain Atmospheric Pollutants
Directive (Maltese equivalents are LN291/2002, LN224/2001, LN231/2004, LN235/2004 &
LN478/2010): one of main intentions is the reduction of soil euthrophication;
2001/80/EC Directive on Large Combustion Plants (Malta’s equivalent is LN329/2002):
Exceedence limits established for SO2, NOx and dust to reduce emissions of acidifying and
euthrophying pollutants in soils;
2001/42/EC - Strategic Environmental Assessment Directive (LN 418/2005 & LN 497/2010): SEA
convers amongst other, soil and it may enhance the consideration of soil protection issues,
particularly soil sealing, by evaluating the best option for land uses already at the land use
planning stage, independently of a planned project.
2000/60/EC - Water Framework Directive (local equivalent is LN194/2004 & LN24/2011):
addresses soil fertility and sodification threat, prevention of soil erosion through erosionminimising soil cultivation, proper handling of pesticides and measures to reduce nutrient
application on plants and crops;
2000 IUCN World Conservation Congress (Amman) Resolution on Soils: IUCN Environmental
Law Programme (ELP) was entrusted to prepare guidelines for national legislation and policy to
assist States to manage their specific soil degradation problems and to investigate the format for
an international instrument for the sustainable use of soil;
Reg.2092/91/EEC & 1804/99/EC - European Action Plan for Organic food and farming (CAP) In
this legislation rules for defining methods of agricultural production, labeling regulation,
organic products processing, inspection and marketing, are established. Its 21 policy measures
contribute to the protection and maintenance of soils by increasing soil biological activity or
maintaining long term soil fertility;
96/62/EEC, 1999/30/EC – Air Quality Framework Directive, including First and Fourth1 daughter
Directives (LN216/2001, LN221/2001, LN231/2004, LN235/2004 & LN 478/2010 established locally
to transpose provisions of said Directives): improvement of ambient air quality by setting
standards for SO2,NO2, NOx, PM, Lead and Heavy metals. Legislation quoted above takes into
account soil acidification, eutrophication and pollution with heavy metals, accumulation of
named pollutants in soils and through it diffuse contamination is monitored;
1
Fourth daughter Directive adopted on 15/11/2004
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91/676/EEC - Nitrates from Agricultural Sources Directive (local equivalent are LN233/2004 &
LN343/2001). Legislation mainly addresses soil erosion, contamination, compaction and
salinisation (sodification) threats;
91/414/EEC - Plant Products Directive (Maltese equivalents are the Plant Quarantine Act, 2001;
LN 115/2004, LN502/2004, LN350/2005 & LN247/2006 and as amended): Regulation of specific
aspects of this highly technical sector that exerts an impact on soil quality and structure;
1982 World Soil Charter (introduced by the 21st Session of FAO);
79/409/EEC & 92/42/EEC - Habitat and Birds Directives (LN311/2006 & LN257/2003 as
transposed in Malta): Introduces and protects Special Protected Areas (SPAs) and measures
intended to preserve, maintain and re-establish biotopes and habitats. In Malta, Appropriate
Assessment process is in place to address various aspects of these Directives;
1976 European Soil Charter (Council of Europe Resolution (72) 19);
Reg.1946/2003/EEC; Reg.1830/2003/EEC & 2009/41/EC & 2001/18/EC and as amended
Genetically Modified Organisms/ GMOs (Malta’s LN 170/2002, LN127/2008 & LN261/2010):
Controls on the contained use of genetically modified organisms and on the importation,
introduction and monitoring of experimental seeds, crops, etc. and their impact on soil as a
resource;
European Climate Change Programme (ECCP) – Programmes 1 & 2: Contains 60 measures
having potential on GHG Emissions mitigation. Some of these measures are aimed towards
enhancement of carbon sequestration in agricultural soils;
Traditionally, in Malta soil protection and management have been divided in two different fields of law:
land-use (spatial) planning and environment protection. Currently, a third field of law is taking shape:
agricultural and rural development in view of the multitude of obligations emerging from certain Directives
on related themes and the Common Agricultural Policy (as previously indicated).
Maltese legislation, not forming part of national land use/development control planning, is mostly
focused on procedures associated with agricultural production (Code of Good Agricultural Practice,
GAEC measures, Cross-Compliance) and on transportation of soils as regulated by Act XXIX of 1973
(LN104/1973): Fertile Soil (Preservation) Regulations – Subsidiary legislation Chapter 236 of the Laws of
Malta (and as amended). This specifically prevents site owners from construction development over soil
profiles. On sites, earmarked for development, or where permits are already in hand, soils shall be
collected for reuse in accordance with provisions outlined in mentioned regulations. A permit from the
Director of Agriculture is required to this effect. The deposit and reuse of removed soil shall be approved
in advance by MEPA’s Environment Protection Directorate if this involves any site that is located Outside
Development Zones or within a scheduled or otherwise legally protected site.
Moreover, national legislative instruments adopted to secure the effective management of other topics
that may have impacts on the soil quality involves:
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•
Legal Notice (L.N.) 337/2001 Waste Management (Permit & Control) Regulations 2;
•
L.N. 168/2002 (and as amended3) Waste Management (Landfill) Regulations;
•
Article 17: implementation report for Sewage Sludge Directive (2007-2009) as required by
Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in
particular of the soil, when sewage sludge is used on agricultural land;
•
L.N. 212/2001. Sludge (Use in Agricultural) Regulations, 2001. Environmental Protection Act,
No.XX of 2001. Chapter 435 of the Laws of Malta.
The restoration of any contaminated soils is to be managed and disposed of in accordance with the legal
provisions laid down in LN 184/2011 (the Waste Management Regulations of 2011) and LN 168/2002
and its amendments.
As previously stated, soil management is directly managed through the following legislative framework:
The Fertile Soil (Preservation) Act, 1973 and the Preservation of Fertile Soil Regulations, 1973 (L.N.
104/73) protect fertile soil by: prohibiting unauthorized transport of soil; deposition of material on soil, or
covering of soil with material; building upon soil; deposition of soil on land already covered with one
metre of soil; and deposition of soil in heaps (or in any manner) that would render it unsuitable for
immediate cropping.
The Rubble Walls and Rural Structures (Conservation and Maintenance) Regulations (LN 160 of 1997)
protects rubble walls and non-habitable rural structures in view of their exceptional beauty, their habitat
for flora and fauna plus their vital importance in the conservation of soil and water. This regulation
prevents any person from demolishing or endangering by any means, the stability and integrity of any
rubble wall, and therefore indirectly controlling soil erosion.
The Motor Vehicles (Offroading) Regulations (Legal Notice 196 of 1997) indirectly reduces erosion by
preventing activities that have an impact on soil structure. No person is allowed to drive any motor
vehicle other than in a locality that is marked as an off-roading site.
On the other hand, specific land use planning policies related to the conservation of soil are outlined in
the Structure Plan for the Maltese Islands (1992):
Policy AHF4: Soil conservation and soil saving measures will continue to be mandatory on all occasions.
Soil replenishment measures will be adopted where there are suitable opportunities.
2 Related legislative instrument at European level involves the Waste Framework Directive (75/442/EEC as amended by 91/156EEC
& 2006/12/EC)
3
LN 279/2010, LN22/2009, LN 76/2007, LN 107/2007, GN359/2009, GN776/2009
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Policy RCO24: Existing regulations concerning excavation and transport of sand and soil are deemed
important.
Policy RCO25: Positive action will be taken to promote the repair of breached retaining walls on valley
sides in order to prevent further soil erosion.
In addition, the seven approved First-Edition Local Plans (and related minor amendments thereof), the
emerging Strategic Plan for the Environment and Development (SPED) and, where applicable, similar
Subsidiary Plans (Action Plans, Development Briefs), contain and foster forward planning policy
provisions intended for limitation of urban development4; a more controlled use of the rural zones;
protection of unique or rare features such as soiled land in valley systems and other protective measures
supporting conservation of the natural environment.
At the outset, will be introduced the main EU acts addressed to the preservation of the environment and,
particularly, of the soil.
Then, the Report will focus the national/multilateral laws and agreements impacting soil conservation.
Wherever possible, the relevant legislation will be classified under soil themes/degradation threats.
Anyway, as the Report from the Commission to the European Parliament, the Councils and the EESC and the
CoR (COM2012)46 final) says, to date we are witnessing the absence of Union legislation dealing with
soil-related issues: some five years after the adoption of the Soil Thematic Strategy, there is still no
systematic monitoring and protection of soil quality across Europe, so that knowledge about the status
and quality of soils remains fragmented and soil protection is not undertaken in an effective and coherent
way in all Member States.
1 European regulatory framework addressing the protection and
sustainable uses of soil
1.1 The Sixth Environment Action Programme (6th EAP)
Soil is a vital natural resource that regulates our environment and responds to a range of pressures
imposed upon it.
The soil quality is one of the key issue covered by the seven thematic strategies specified in the Sixth
Environment Action Programme (6th EAP) for the period 2002-2012, established by Decision no.
1600/2002/EC of the European Parliament and of the Council of 22 July 2002, for delivering the four main
priorities: climate change, biodiversity, health, and resource use.
The other six strategies cover: Air quality; The marine environment; The sustainable use of resources;
Waste prevention and recycling; Pesticides; The urban environment.
Each strategy takes the form of a package comprised of:
4 Main legislative framework of relevance to soil management include the following: EDPA Act X of 2010 (amending and repealing,
where appropriate, provisions included in EPA 1991 and DPA 1992 and their respective amended versions and supporting
legislation); LN71/2007 (regulating zoning of land established in the planning schemes rationaliseation process) and Use Classes
Order LN53/1994, LN70/2000.
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−
−
−
an overall approach towards the thematic issue presented in a Communication that highlights issues
and proposes solutions;
legislative proposals for some of the strategies;
an impact assessment.
As for the thematic strategy on the soil, the overall objective is the protection and sustainable use of soil,
based on the following guiding principles:
1) Preventing further degradation of soil and preserving its functions:
− when soil is used and its functions are exploited, action has to be taken on use and
management patterns, and
− when soil acts as a sink/receptor of the effects of human activities or environmental
phenomena, action has to be taken at source.
2) Restoring degraded soil to a level that enables at least its current or intended use, which entails
considering the cost implications of restoration.
In the mid-term review of the 6th EAP [COM(2007) 225 final, 30 April 2007], the Commission evaluates
the progress made so far positively, but is of the opinion that considerable efforts must still be made in
order to achieve sustainable environmental development.
Thus, the Commission is carrying out an evaluation of the four priority areas of the action Programme:
climate change, nature and biodiversity, health, natural resources and waste.
1.2 The Soil Thematic Strategy: Proposal for a Directive of the EU Parliament
and of the Council establishing a framework for the protection of soil and
amending Directive 2004/35/CE (COM(2006) 232 final)
Contamination is one of the main threats to soil identified in the EU soil communication (COM(2002) 179
final). Prevention of soil contamination has strong links with policies on chemical substances and with
environmental protection policies for water and air. It has also strong links with policies concerning
certain land uses, for instance agriculture.
The relation between soil contamination and waste management is obvious as well: bad waste
management has led to a large number of contaminated sites; better waste management has led to
recycling of waste as construction products, or as composts and sludges that can be used as fertilisers.
Both ways of recycling may positively or negatively affect the quality of the soil. Waste disposal by
landfilling is now subject to environmental regulations which protect soil and groundwater (Council
Directive 1999/31/EC of 26 April 1999 on the landfill of waste, and its amendments).
As shown below, some soil degradation processes are natural phenomena, but they are exacerbated by all
kinds of unsustainable human uses.
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Source: “Soil protection. The story behind the Strategy”, European Communities, 2006
Actually, many policies have significantly contributed to the protection of soil. However soils are still
subject to many pressures leading to soil degradation, which calls for a policy which addresses soil in its
own right.
Such a policy should not replace current regulations which already contribute to soil protection but act as
an umbrella. It may be described in a policy document aiming at the coordination of the implementation
of regulations already in place and at improving current regulations if soil is not addressed sufficiently.
The legal basis for such a strategy document is implicit in EU Treaties and the proposed directive on
environmental liability (COM(2002) 17). There is also political commitment from the European council
(CO-DBP (2003) 10) and European parliament (2002/2172(COS)). As mentioned above, the 6th EAP called
for the development of a Thematic Strategy on Soil Protection (“the strategy”), consequently, in 2002 the
Commission presented a Communication (COM(2002) 179) which was the subject of favourable
conclusions by the other European institutions.
Then, after a thorough development process involving a broad range of stakeholders within as Advisory
Forum and on the bases of the Reports produced by the five Technical Working Groups set up under this
process, on 22 September 2006 the European Commission adopted a Soil Thematic Strategy which
consists of: a Communication from the Commission to the other European Institutions, a Proposal for a
framework Directive (a European law), and an Impact Assessment.
The Communication (COM(2006) 231) sets the frame: it explains why further action is needed to ensure a
high level of soil protection, sets the overall objective of the Strategy and explains what kind of measures
must be taken. It establishes a ten-year work program for the European Commission.
The Proposal for a framework Directive (COM(2006) 232) sets out common principles for protecting soils
across the EU. Within this common framework, the EU Member States will be in a position to decide how
best to protect soil and how use it in a sustainable way on their own territory.
The Impact Assessment (SEC (2006) 1165 and SEC(2006) 620) contains an analysis of the economic, social
and environmental impacts of the different options that were considered in the preparatory phase of the
strategy and of the measures finally retained by the Commission.
The Strategy and the Proposal have been sent to the other European Institutions for the further steps in the
decision-making process. In accordance with Article 251 of the EC Treaty, the Proposal is subject to the
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co-decision procedure. This means that both the European Parliament and the Council have to agree on a
common text on the basis of a proposal from the Commission and taking into account the opinions of the
Committee of the Regions and the European Economic and Social Committee.
To date, the situation is as follows:5
-
The Committee of the Regions has adopted its opinion on 13 February 2007;
The European Economic and Social Committee has adopted its opinion on 25 April 2007;
The European Parliament has adopted its first reading opinion on 13 November 2007.
Despite the efforts of several Presidencies, the Council has so far been unable to reach a qualified majority
on this legislative proposal due to the opposition of a number of Member States constituting a blocking
minority.
The latest discussions during the Spanish Presidency (first half of 2010) have not changed this situation.
The Belgian Presidency (second half of 2010) is ready to restart the negotiations should the conditions
arise.
As to the basic matter, the Thematic Strategy for Soil Protection (COM(2006) 231) tackles the full range
of threats and creates a common framework to protect soil taking into account all the different functions
that soils can perform, their variability and complexity and the range of different degradation processes
to which they can be subject, while also considering socio-economic aspects.
The overall objective of the EU Strategy is protection and sustainable use of soil, based on the following
guiding principles:
1)
Preventing further soil degradation and preserving its functions:
a) when soil is used and its functions are exploited, action has to be taken on soil use and
management patterns, and
b) when soil acts as a sink/receptor of the effects of human activities or environmental phenomena,
action has to be taken at source.
2)
Restoring degraded soils to a level of functionality consistent at least with current and intended use, thus
also considering the cost implications of the restoration of soil.
To achieve these objectives, action is required at different levels: local, national and European. Action at
European level is a necessary addition to the action by Member States.
Besides, action at EU level will also have an added value by contributing to the protection of the health of
European citizens that can be impaired in different ways by soil degradation.
Therefore, without prejudice to the principles of subsidiarity and to the need to take decisions and action
at the most appropriate level (just because soil is a prime example of the need to think global and act
local), the Strategy proposed by the Commission is built around four key pillars:
1) framework legislation with protection and sustainable use of soil as its principal aim;
2) integration of soil protection in the formulation and implementation of National and Community
policies;
3) closing the current recognised knowledge gap in certain areas of soil protection through research
supported by Community and national research programmes;
4) increasing public awareness of the need to protect soil.
5
Source: The Directorate-General for the Environment official web site, on: http://ec.europa.eu/environment/soil/index_en.htm
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With regard to the first point above,
above having examined different
ifferent options, the Commission proposes a
Framework Directive as the best means of ensuring a comprehensive approach to soil protection whilst fully
respecting subsidiarity.
Member States will be required to take specific measures to address soil threats,
threat but the Directive will
leave to them ample freedom on how to implement this requirement. So, risk acceptability, the level of
ambition regarding the targets to be achieved and the choice of measures to reach those targets are left to
Member States.
Source:
urce: “Soil protection. The story behind the Strategy”, European Communities, 2006
This recognises that certain threats, such as erosion, organic matter decline, compaction,
compaction salinisation and
landslides,, occur in specific risk areas which must be identified. Whilst for contamination and sealing, a
national or regional approach is more appropriate.
With respect to the management of contamination, is envisaged an approach based on the following
scheme:
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Source: Communication (COM(2006) 231 final)
On the basis of a common definition of “contaminated sites” (i.e. sites which pose significant risk to human
health and the environment), its application by the Member States, and a common list of potentially
polluting
lluting activities, Member States will be required to identify the contaminated sites on their territory
and establish a national remediation strategy.
This strategy will be based on sound and transparent prioritisation of the sites to be remediated, aiming
aimi
at reducing soil contamination and the risk caused by it and including a mechanism to fund the
remediation of “orphan sites”.. This is complemented by the obligation for a seller or a prospective buyer to
provide to the administration and to the other party
party in the transaction a soil status report for sites where a
potentially contaminating activity has taken or is taking place. The Directive also addresses prevention of
contamination via a requirement to limit the introduction of dangerous substances into the soil.
In respect of sealing,, in order to achieve a more rational use of soil, Member States will be required to
take appropriate measures to limit sealing by rehabilitating brownfield sites and to mitigate its effects by
using construction techniques that allow maintaining as many soil functions as possible.
As regards other threats, the Directive does not cover soil biodiversity directly.
directly. Biodiversity will generally
benefit from the action proposed on other threats. This will contribute to achieving the objective of
halting the decline of biodiversity by 2010.
Turning to the proposal for a Framework Directive (COM(2006) 232), it aims
aim to achieve common
principles, objectives and actions for all Member States to ensure a fair level playing field and to ensure
that all Member States are tackling all threats to which soils are confronted in their national territory and
do not address soil protection in a partial way.
The proposal takes as its scope the soil forming the top layer of the earth’s crust situated between the
bedrock and the surface, excluding groundwater as defined in Article 2 of Directive 2000/60/EC.
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The subject-matter of this Directive is to establish a framework for the protection of soil and the
preservation of the capacity of soil to perform any of the following environmental, economic, social and
cultural functions:
a)
b)
c)
d)
e)
f)
g)
biomass production, including in agriculture and forestry;
storing, filtering and transforming nutrients, substances and water;
biodiversity pool, such as habitats, species and genes;
physical and cultural environment for humans and human activities;
source of raw materials;
acting as carbon pool;
archive of geological and archeological heritage.
To that end, it lays down measures for the prevention of soil degradation processes, both occurring
naturally and caused by a wide range of human activities, which undermine the capacity of a soil to
perform those functions. Such measures include the mitigation of the effects of those processes, and the
restoration and remediation of degraded soils to a level of functionality consistent at least with the
current and approved future use.
This Directive shall apply to soil forming the top layer of the earth’s crust situated between the bedrock and
the surface, excluding groundwater referred to the Directive 2000/60/EC.
In accordance with the prevention principle, first of all (Chapter II) the proposal establishes that Member
States shall identify, using (at least) common elements referred in Annex I of the document, the “risk
areas” in their national territory, which are the areas where there is decisive evidence, or legitimate
grounds for suspicion, that one or more of the following soil degradation processes has occurred or is
likely to occur in the near future:
(a) erosion by water or wind;
(b) organic matter decline brought about by a steady downward trend in the organic fraction of the soil,
excluding undecayed plant and animal residues, their partial decomposition products, and the soil
biomass;
(c) compaction through an increase in bulk density and a decrease in soil porosity;
(d) salinisation through the accumulation in soil of soluble salts;
(e) landslides brought about by the down-slope, moderately rapid to rapid movement of masses of soil
and rock material.
For the purposes of that identification, Member States shall, in respect of each of those soil degradation
processes, take into account the effects of those processes in exacerbating greenhouse gas emissions and
desertification.
As for soil contamination (Chapter III), the proposal is structured along two sections:
1) Prevention and Inventory
2) Remediation
Concerning the first topic, Member States shall take appropriate and proportionate measures to limit the
intentional or unintentional introduction of dangerous substances on or in the soil, in order to avoid
accumulation that would hamper soil functions or give rise to significant risks to human health or the
environment. For this purpose, Member State shall:
- identify, in their national territory, the “contaminated sites”, i.e. the sites where there is a confirmed
presence, caused by man, of dangerous substances of such a level that Member States consider they
pose a significant risk to human health or the environment. That risk shall be evaluated taking into
account current and approved future use of the land;
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-
establish a national inventory of contaminated sites. The inventory shall be made public and reviewed at
least every five years.
The procedure to identify the “contaminated sites” is laid down in Article 11 of the proposal.
According to this, each Member State shall designate a competent authority to be responsible for the
identification of contaminated sites.
That authorities shall:
- identify the location of, at least, the sites where the potentially soil-polluting activities referred to in AnnexII
are taking place or have taken place in the past;
- measure the concentration levels of dangerous substances in the sites identified, and
- where those levels are such that there may be sufficient reasons to believe that they pose a significant
risk to human health or the environment, an on-site risk assessment shall be carried out in relation to those
sites.
The methodology necessary for determining the concentration levels referred to above shall be established
by Member States.
Moreover, where a site is to be sold on which a potentially polluting activity listed in Annex II is taking
place, or for which the official records show that it has taken place, Member States shall ensure that the
owner of that site or the prospective buyer makes a soil status report available to the competent authority
and to the other party in the transaction. The soil status report shall be issued by an authorised body or
person appointed by the Member State.
With regard to the remediation, it shall consist of actions on the soil aimed at the removal, control,
containment or reduction of contaminants so that the contaminated site, taking account of its current use
and approved future use, no longer poses any significant risk to human health or the environment.
On the basis of their national inventories, Member States shall draw up a National Remediation Strategy,
including, at least, remediation targets, a prioritisation, starting with those sites which pose a significant risk
to human health, a timetable for implementation, and the funds allocated by the authorities responsible for
budgetary decisions in the Member States, in accordance with their national procedures.
Where containment or natural recovery are applied, the evolution of the risk to human health or the
environment shall be monitored.
The proposed Directive also provides that Member States shall make the following information available
to the Commission:
− the outcome of the identification of “contaminated sites” in their national territory;
− the inventory of contaminated sites;
− the National Remediation Strategy adopted.
Such information 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).
Finally, since the proposal requires Member States to ensure that the contaminated sites listed in their
inventories are remediated, the Article 23 amends Directive 2004/35/EC whereas establishes that, for
orphan sites, remedial action may be taken by the competent authority as a last resort.
So, the competent authority shall require the remedial measures to be taken by the operator; if the
operator fails to comply with the obligations laid down in paragraph 1 or 2(b), (c) or (d) of the Article 6 of
Directive on environmental liability, or cannot be identified or is not required to bear the costs under this
Directive, those measures may be taken by the competent authority itself.
Same time, this Directive lays down that Member States shall set up appropriate mechanisms to fund the
remediation of the contaminated sites for which, subject to the “polluter pays” principle, the person
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responsible for the pollution cannot be identified or cannot be held liable under Community or national
legislation or may not be made to bear the costs of remediation.
1.3 Report from the Commission to the European Parliament, the Council, the
EU Economic and Social Committee and the Committee of the Regions:
The implementation of the Soil Thematic Strategy and ongoing activities
(COM(2012) 46 final)
The Report provides an overview of the implementation of the Thematic Strategy for Soil Protection since
its adoption in September 2006. Besides, the report presents current soil degradation trends both in
Europe and globally, as well as future challenges to ensure soil protection.
With reference to the four pillars of the Strategy, the updated overview is as follows:
Awareness raising. Unlike air and water soil functions are taken for granted and perceived to be in
abundance. Soil degradation generally goes unnoticed, as it is a slow process in which immediate
dramatic effects rarely occur, so raising awareness about soil presents a particular challenge. Recently
it has been helped by several films and documentaries. The Commission has organised several public
events dedicated to soil. Moreover, leaflets and brochures have been made available in a number of
EU languages. The Commission has also published a number of soil atlases. A Working group on
Awareness Raising and Education was established in the context of the European Soil Bureau
Network (ESBN). The Strategy has acted as an important driver for numerous soil awareness raising
tools and networks that have been developed in Member States, including the European Network for
Soil Awareness (ENSA);
Research. Since the adoption of the Strategy, around 25 research projects have been funded under the
Seventh Framework Programme for Research specifically to address soil issues and help complete the
knowledge base for action. Such as, for example:
− RAMSOIL has identified a number of risk assessment methodologies for soil degradation
processes, demonstrating comparability among different methodologies;
− ENVASSO has proposed minimum requirements for a gradual harmonisation of soil
monitoring activities and policy-relevant soil indicators;
− SOILSERVICE has drawn up long-term land use change scenarios and indicated that
intensive agricultural production which fails to pay proper attention to soil biodiversity and
soil functions may not be economically profitable after 2050, unless corrective action is taken;
− LUCAS, a survey on land cover, land use and agroenvironmental indicators. In detail, in the
2009 and 2012 surveys, a specific soil module has been integrated in order to provide
statistics and indicators for the European Soil Data Centre (ESDAC) hosted by the Joint Research
Centre (JRC) of the Commission: this could be a starting point for harmonised European
monitoring of soil parameters for a whole range of statistical, research and policy purposes.
− The BIOSOIL project, launched in the context of the Forest Focus Regulation, has reported an
increase in organic carbon in some European forest soils.
Integration. Since the Strategy was adopted, the Commission has continued its work on soil
integration, in particular in the context of the following:
− Common Agricultural Policy (CAP). Aspects of soil protection have been an integral part of
Good Agricultural and Environmental Conditions (GAEC) since the introduction of cross
compliance in 2003. Emphasis has been placed on limiting erosion, retaining and improving
organic matter, and avoiding compaction. Member States have a broad margin of discretion
in determining national GAEC obligations for farmers provided that the EU framework is
respected. Cross compliance provides for minimum soil protection conditions and, by its
nature, cannot address all soil degradation processes. In October 2011 the Commission
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−
−
−
proposed to further clarify and specify soil-related standards in the context of the overall
CAP reform to 2020. The greening of the first pillar of the CAP, as proposed by the
Commission, would improve the situation further, particularly in relation to erosion and soil
organic matter.
Industrial installations. The recently adopted Industrial Emissions Directive (IED) has
introduced provisions to ensure that the operation of an installation does not lead to a
deterioration in the quality of soil (and groundwater). However, a large number of
potentially polluting activities are not within the scope of the IED, which in any event only
covers active installations. A potentially important tool for tracking industrial pollutants is
the European Pollutant Release and Transfer Register (E-PRTR). However, in 2009 only 144
installations reported a release of pollutants to soil, compared to almost 3,000 for water and
more than 11,000 for air.
Cohesion Policy. Despite the fact that there is no specific EU legal basis for soil protection,
around €3.1 billion have been allocated to the rehabilitation of industrial sites and
contaminated land as part of the Cohesion Policy in the period 2007-2013 out of a total of
around € 49.6 billion of planned EU investments under the Environment theme. The
Commission has proposed that the Cohesion Funds and the European Regional
Development Fund should continue to support the regeneration of brownfield sites in the
next programming period 2014-2017. In addition, the EU macro-regional strategies include
some specific actions on soil protection (particularly on solid waste).
State aids for the remediation of soil contamination. Member States may grant State aid for
carrying out soil remediation under the Environmental aid guidelines only if the “polluter
pays” principle is fully respected. In the period 2005-2010, the Commission deemed several
schemes or individual measures aiming at remediating contaminated sites in Austria,
Belgium, the Czech Republic, Estonia, Germany, the Netherlands, Slovakia and the United
Kingdom to be compatible with the Treaty. It verified that the “polluter pays” principle was
properly applied, in particular by ensuring that environmental liabilities were correctly
transferred. The total aid thus approved was in excess of €8 billion.
Legislation. Based on a need to tackle soil productivity, risks to human health and the environment,
and to provide opportunities for climate mitigation and adaptation as well as stimulating business
opportunities for soil remediation, the Commission proposed a Soil Framework Directive in 2006,
which also addresses the transboundary nature of soil degradation. The European Parliament
adopted its first reading on the proposal in November 2007 by a majority of about two thirds. At the
March 2010 Environment Council, a minority of Member States blocked further progress on grounds
of subsidiarity, excessive cost and administrative burden. No further progress has since been made
by the Council. The proposal remains on the Council's table.
Then the Report analyses the increasing land degradation, both in the EU and worldwide.
About the EU, the 2010 Status of the Environment Report of the European Environment Agency
demonstrates that soil degradation is increasing with respect to the whole set of processes of soil sealing,
soil erosion, desertification, salinisation, soil acidification, soil biodiversity, landslides and soil
contamination.
Concerning this latter issue, the source mentioned says that it is difficult to quantify the full extent of
local soil contamination, as the vast majority of Member States lack comprehensive inventories, although
this is covered by the proposed Soil Framework Directive. In 2006, the European Environment Agency
estimated that there were a total of three million potentially contaminated sites in the EU, of which
250,000 were actually contaminated. Remediation is progressing, although there are wide variations
between Member States, reflecting the presence or absence of national legislation. It has been estimated
that, in 2004, the turn-over of the soil remediation industry in EU-27 amounted to €5.2 billion, of which
21.6% spent in Germany, 20.5% in the Netherlands, and 5.9% each in France and the United Kingdom
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So, what are the current and upcoming challenges? This trend is likely to continue unless several factors are
addressed, as the following:
Land use. The growth in world population, the rising consumption of meat and dairy products in the
emerging economies, and the increased use of biomass for energy and other industrial purposes, will
all lead to increased global land use and potential soil degradation. At the same time, weather events
linked to climate change, desertification and land take for urbanisation and infrastructure will
exacerbate this trend. This matters to Europe because competition for land and water resources
creates serious risks of geopolitical imbalances. In addition, land degradation leads to a global
decrease in the amount of multi-functional land. The EU will thus be even more dependent in future
on its finite land resources – which include some of the most fertile soils in the world – and on their
sustainable use.
Preservation of soil organic matter. EU soils contain more than 70 billion tonnes of organic carbon,
which is equivalent to almost 50 times our annual greenhouse gas emissions. However, intensive and
continuous arable production may lead to a decline of soil organic matter. In 2009, European
cropland emitted an average of 0.45 tonnes of CO2 per hectare (much of which resulted from land
conversion). The conversion of peatlands and their use is particularly worrying. For instance,
although only 8% of farmland in Germany is on peatland, it is responsible for about 30% of the total
greenhouse gas emissions of its whole farming sector. However, with appropriate management
practices, soil organic matter can be maintained and even increased. Apart from peat lands, particular
attention should be paid to the preservation of permanent pastures and the management of forests
soils, as carbon age in the latter can be as high as 400-1,000 years. Keeping carbon stocks is thus
essential for the fulfillment of present and future emission reduction commitments of the EU.
A more efficient use of resources. Agriculture is highly dependent on soil fertility and nutrients
availability. For example, it used 20-30 million tonnes of phosphorus annually over the last thirty
years, largely coming from outside the EU. Phosphate fertilisers used in the EU do contain cadmium
impurities, which accumulate in soil. At the same time, large amounts of manure, bio-waste and
sewage sludge are produced every year, and are sometimes disposed of despite the fact that they
contain nutrients and organic matter. A way forward to address security of supply, improve soil
conditions and limit cadmium pollution is to ensure a proper collection, treatment and use of these
wastes and residues.
At last, this Report enlightens the ongoing activities of the Commission, in line with the Strategy.
In fact, it’s really important that the EU improves the way in which it deals with soil-related issues,
particularly in the absence of Union legislation.
Whilst the Soil Thematic Strategy has helped raise the profile of these issues, there is still no systematic
monitoring and protection of soil quality across Europe some five years after its adoption.
This means that knowledge about the status and quality of soils remains fragmented and soil protection is
not undertaken in an effective and coherent way in all Member States.
For its part, the Commission is continuing with the following activities in line with the Strategy:
-
-
-
Awareness raising initiatives, training for young researchers, integration of soil and soil protection
aspects in EU-funded information and training events, and specific soil deliverables for the
rotating Presidencies of the Council.
Supporting research projects, particularly in the areas of landslides, soil sealing, soil functions and
their link to biodiversity, the soil carbon and nitrogen cycles (with a focus on peatland
restoration), soil fertility, and nutrients recycling in agriculture. Continuing to expand the
activities of the European Soil Data Centre which hosts soil data and information at European level;
To consolidate harmonised soil monitoring for a variety of purposes (including food security and
safety, diffuse contamination, and climate change adaptation and mitigation), the Commission is
considering repeating soil investigations at regular intervals (five-ten years), also by using new
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-
-
-
remote-sensing techniques. This harmonised monitoring will be implemented in synergy with
the Monitoring Mechanism Decision currently being revised6. The Global Monitoring for Environment
and Security (GMES) programme will also be a source of information, particularly on soil sealing7.
Further integration of soil protection in different policies. The Commission is developing a European
Innovation Partnership on Agriculture Productivity and Sustainability with a particular focus on land
management, including the efficient use of resources and sustainable use of agricultural soil. It
will work in the context of the EU Biodiversity Strategy to 2020 8to improve knowledge and raise
awareness about soil biodiversity. It is actively engaged with Member States in discussing the
soil-related measures in the Resource Efficiency Roadmap9, the Common Agricultural Policy (CAP)
and Regional Policy. Lastly, it will finalise guidelines on how to limit, mitigate and compensate
soil sealing, which will support the development of the Blueprint to Safeguard Europe's Water and
be used in the implementation of Cohesion Policy.
On legislation, the Commission in 2012 will review the Environmental Impact Assessment Directive10,
which will provide an opportunity for better integrating soil concerns at an early stage of project
planning. Furthermore, it will consider how to devise incentives to reduce carbon emissions and
maintaining soil organic matter by accounting for the land use, land use change and forestry
(LULUCF) sector as part of the EU's climate change commitment for 2020.
In addition to domestic action, the Commission will work at the international level to promote the
establishment of an inter-governmental panel on soils in the context of the FAO-sponsored Global
Soil Partnership. Along with Germany and the Secretariat of the United Nations Convention to
Combat Desertification (UNCCD), the Commission is actively supporting an initiative on the
economics of land degradation to set out incentives for investment in sustainable land
management policies. In addition, it will assess the desirability of declaring the EU an affected
party under that Convention.
About the latter topic, the Report remarks that Bulgaria, Cyprus, Greece, Hungary, Italy, Latvia,
Malta, Portugal, Romania, Slovakia, Slovenia and Spain have declared to be affected by
desertification under the UNCCD.
6 Decision 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring
Community greenhouse gas emissions and for implementing the Kyoto Protocol. It establishes a new mechanism for monitoring and
reporting greenhouse gas emissions so as to be able to evaluate more accurately and more regularly the progress made in reducing
emissions with a view to complying with the Community's Commitments under the United Nations Framework Convention on
Climate Change (UNFCCC) and the Kyoto Protocol.
7 Regulation (EU) No. 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring
programme (GMES) and its initial operations (2011-2013). The GMES operational programme shall build on the research activities
carried out under the Seventh Framework Programme of the European Community for research, technological development and
demonstration activities (2007-2013) and the GMES Space Component Programme of the European Space Agency (ESA).
COM(2011) 244 final: Communication from the Commission to the European Parliament, the Council, the Economic and Social
Committee and the Committee of the Regions “Our life insurance, our natural capital: an EU biodiversity strategy to 2020” (not
published in the Official Journal).
8
COM(2011) 571 final: Communication from the Commission to the European Parliament, the Council, the EU Economic and Social
Committee and the Committee of the Regions “Roadmap to a Resource Efficient Europe”.
9
Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (“EIA Environmental Impact Assessment” Directive). The Directive (as amended) requires an assessment to be carried out by the
competent national authority for certain projects which have a physical effect on the environment. The EIA must identify the direct
and indirect effects of a project on the following factors: man, the fauna, the flora, the soil, water, air, the climate, the landscape, the
material assets and cultural heritage, and the interaction between these various elements.
10
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2 Soil contamination (and waste)
2.1 Directive 2004/35/EC of the EU Parliament and of the Council of 21 April
2004 on environmental liability with regard to the prevention and
remedying of environmental damage
The principle according to which the polluter pays when environmental damage occurs (the “polluter
pays” principle) was set out in the Treaty establishing the European Community. As it helps to deter
breaches of environmental standards, it contributes to the achievement of objectives and the application
of Community policy in this area.
The Directive 2004/35/EC is the result of discussions held after publication of the White Paper on
environmental liability, in February 2000, aimed to examine how the polluter pays principle could be
applied with a view to implementing Community environment policy: the conclusion was that a
Directive would be the best way to establish a Community environmental liability scheme.
First EC legislation whose main objectives include the application of the "polluter pays" principle, this
Directive establishes a common framework for liability with a view to preventing and remedying
damage to animals, plants, natural habitats and water resources, and damage affecting the land.
Under the terms of the Directive:
- “damage” means a measurable adverse change in a natural resource or measurable impairment of a
natural resource service which may occur directly or indirectly;
- “environmental damage” is defined as:
a) direct or indirect damage to species and natural habitats protected at Community level by the
1979 “Birds” Directive or by the 1992 “Habitats” Directive,
b) direct or indirect damage to the aquatic environment covered by Community water management
legislation, set out by Directive 2000/60/EC,
c) direct or indirect contamination of the land which creates a significant risk to human health.
The Directive shall only apply to environmental damage or to an imminent threat of such damage caused
by pollution of a diffuse character, where it is possible to establish a causal link between the damage and
the activities of individual operators.
More specifically, the Directive distinguishes between two complementary situations, each one governed
by a different liability scheme:
1) occupational activities specifically mentioned in the Directive (Annex III),
2) other occupational activities.
The first liability scheme applies to the dangerous or potentially dangerous occupational activities listed in
Annex III to the Directive: these are mainly agricultural or industrial activities requiring a license under the
Directive on integrated pollution prevention and control (Directive 2008/1/EC), activities which discharge
heavy metals into water or the air, installations producing dangerous chemical substances, waste
management activities (including landfills and incinerators) and activities concerning genetically
modified organisms and micro-organisms. Under this first scheme, the operator may be held responsible
even if he is not at fault.
The second liability scheme applies to all occupational activities other than those listed in Annex III to the
Directive, but only where there is damage, or imminent threat of damage, to species or natural habitats
protected by Community legislation. In this case, the operator will be held liable only if he is at fault or
negligent.
The article 5 of the Directive deals with preventive action. So, where there is an imminent threat of
environmental damage, the competent authority designated by each Member State will require the
operator (the potential polluter) to take, without delay, the necessary preventive measures.
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Member States shall provide that operators are to inform the competent authority of all relevant aspects
of the situation, as soon as possible. If the operator fails to comply with the obligations laid down in this
article, cannot be identified or is not required to bear the costs under this Directive, the competent
authority may take these measures itself.
The previsions of article 5 of the Directive regarding the remedial action gives effect to the "polluter pays"
principle. So, where environmental damage has occurred, the competent authority will require the
operator concerned to inform, without delay, the competent authority of all relevant aspects of the
situation and to take all practicable steps to immediately control, contain, remove or otherwise manage
the relevant contaminants and/or any other damage factors and to take the necessary restorative
measures.
The competent authority shall require that the remedial measures are taken by the operator. If the
operator fails to comply with the obligations laid down by the Directive, cannot be identified or is not
required to bear the costs under this Directive, the competent authority may take these measures itself, as
a means of last resort.
Relating to remedial measures, operators shall identify potential remedial measures in accordance with
Annex II, and submit them to the competent authority for its approval. The competent authority shall
decide which remedial measures shall be implemented in accordance with Annex II to the Directive,
which purpose is to set out a common framework to be followed in order to choose the most appropriate
measures to ensure the order to remedy environmental damage. To this end, environmental damage may
be remedied in different ways, depending on the type of damage:
-
-
for damage affecting water or protected species and natural habitats, the Directive is aimed at restoring the
environment to how it was before it was damaged. For this purpose, the damaged natural resources
or impaired services must be restored or replaced by identical, similar or equivalent natural resources
or services either at the site of the incident or, if necessary, at an alternative site, by way of “primary”,
“complementary” and “compensatory” remediation;
for damage affecting the land, the Directive requires that the land concerned be decontaminated until
there is no longer any serious risk of negative impact on human health.
In detail, concerning this second type of damage, the Annex II to the Directive proclaims that the
necessary measures shall be taken to ensure, as a minimum, that the relevant contaminants are
removed, controlled, contained or diminished so that the contaminated land, taking account of its
current use or approved future use at the time of the damage, no longer poses any significant risk of
adversely affecting human health.
The presence of such risks shall be assessed through risk-assessment procedures taking into account the
characteristic and function of the soil, the type and concentration of the harmful substances,
preparations, organisms or micro-organisms, their risk and the possibility of their dispersion.
Use shall be ascertained on the basis of the land use regulations, or other relevant regulations, in
force, if any, when the damage occurred. If the use of the land is changed, all necessary measures
shall be taken to prevent any adverse effects on human health. If land use regulations, or other
relevant regulations, are lacking, the nature of the relevant area where the damage occurred, taking
into account its expected development, shall determine the use of the specific area. A natural
recovery option, that is to say an option in which no direct human intervention in the recovery
process would be taken, shall be considered.
Where several instances of environmental damage have occurred, the competent authority may
determine the order of priority according to which they must be remedied. In making that decision, the
competent authority shall have regard, inter alia, to the nature, extent and gravity of the various instances
of environmental damage concerned, and to the possibility of natural recovery. Risks to human health
shall also be taken into account.
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As regards the costs of preventing and remedying damage, in accordance with the "polluter pays"
principle, the operator shall bear the costs for the preventive and remedial actions taken pursuant to this
Directive. If the competent authority has carried out, under the Directive, preventive and remedial
actions itself, the authority may recover the costs it has borne from the operator responsible for the
damage or imminent threat of damage, inter alia, via security over property or other appropriate
guarantees. The same principle applies to environmental assessments carried out to determine the extent
of damage and the action to be taken to repair it. The law deals with the cases in which the operator shall
not be required to bear the cost of preventive or remedial actions taken pursuant to this Directive.
The competent authority must initiate cost recovery proceedings within five years of the date on which
the remediation and repair measures have been completed or the date on which the liable operator, or
third party, has been identified, whichever is the later. If several operators are jointly responsible for
damage, they must bear the costs of repair either jointly and severally or on a proportional basis.
The Directive does not oblige operators to take out a financial security, such as insurance, to cover their
potential insolvency. However, Member States are required to encourage operators to make use of such
mechanisms and must promote the development of such services. Natural or legal persons who may be
adversely affected by environmental damage and environment protection organisations may, subject to
certain conditions, ask the competent authorities to act when faced with damage. Persons and
organisations requesting action may bring legal action before a court or an ad hoc body for review of the
lawfulness of the decisions and actions of the competent authority, or of its failure to act.
2.2 Directive 2008/98/EC of the EU Parliament and of the Council of 19
November 2008 on waste and repealing certain Directives
Whereas the strategic theme of soil contaminated is closely related with the issue of waste and their
management, it is worth to mention the legislation concerning to, which roots are in accordance with the
“polluter-pays” principle.
The generation of waste is steadily increasing within the European Union and it has therefore become of
prime importance to specify basic notions such as recovery and disposal, so as to better organise waste
management activities. It is also essential to reinforce measures to be taken with regard to prevention as
well as the reduction of the impacts of waste generation and waste management on the environment.
Finally, the recovery of waste should be encouraged so as to preserve natural resources.
With a view to breaking the link between growth and waste generation, the European Union has
provided itself with a legal framework aimed at the whole waste cycle from generation to disposal,
placing the emphasis on recovery and recycling.
So, the Directive 2008/98/EC establishes a legal framework for the treatment of waste within the
Community: stated purpose of the law is to protect the environment and human health through the
prevention of the harmful effects of waste generation and waste management.
It repeals the previous legislative framework for the handling of waste in the Community laid down in
Directive 2006/12/EC.
The new law applies to waste other than:
- gaseous effluents;
- land (in situ) including unexcavated contaminated soil and buildings permanently connected with
land;
- uncontaminated soil and other naturally occurring material excavated in the course of construction
activities where it is certain that the material will be used for the purposes of construction in its
natural state on the site from which it was excavated;
- radioactive waste;
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-
-
decommissioned explosives;
faecal matter;
waste waters;
animal by-products including processed products covered by Regulation (EC) No 1774/2002, except
those which are destined for incineration, landfilling or use in a biogas or composting plant;
carcasses of animals that have died other than by being slaughtered, including animals killed to
eradicate epizootic diseases, and that are disposed of in accordance with Regulation (EC)
No.1774/2002;
waste resulting from prospecting, extraction, treatment and storage of mineral resources and the
working of quarries covered by Directive 2006/21/EC of the European Parliament and of the Council
of 15 March 2006 on the management of waste from extractive industries.
Under the terms of the Directive:
- “Waste” means any substance or object which the holder discards or intends or is required to discard;
- "Waste producer" means anyone whose activities produce waste (original waste producer) or anyone
who carries out pre-processing, mixing or other operations resulting in a change in the nature or
composition of this waste;
- "Waste management" means the collection, transport, recovery and disposal of waste, including the
supervision of such operations and the after-care of disposal sites, and including actions taken as a
dealer or broker;
- "Prevention" means measures taken before a substance, material or product has become waste, that
reduce: (a) the quantity of waste, including through the re-use of products or the extension of the life
span of products; (b) the adverse impacts of the generated waste on the environment and human
health; or (c) the content of harmful substances in materials and products;
- "Re-use" means any operation by which products or components that are not waste are used again for
the same purpose for which they were conceived;
- "Recovery" means any operation the principal result of which is waste serving a useful purpose by
replacing other materials which would otherwise have been used to fulfil a particular function, or
waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II sets out a
non-exhaustive list of recovery operations;
- "Preparing for re-use" means checking, cleaning or repairing recovery operations, by which products
or components of products that have become waste are prepared so that they can be re-used without
any other preprocessing;
- "Recycling" means any recovery operation by which waste materials are reprocessed into products,
materials or substances whether for the original or other purposes. It includes the reprocessing of
organic material but does not include energy recovery and the reprocessing into materials that are to
be used as fuels or for backfilling operations;
- "Disposal" means any operation which is not recovery even where the operation has as a secondary
consequence the reclamation of substances or energy. Annex I sets out a non-exhaustive list of
disposal operations;
- "Best available techniques" (BAT) means best available techniques as defined in Article 2 of Directive
96/61/EC.
In order to better protect the environment, the Directive confirms the call to Member States to take
measures, for the treatment of their waste, in line with the known following hierarchy which is listed in
order of priority:
-
prevention;
preparing for re-use;
recycling;
other recovery, notably energy recovery;
disposal.
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Member States can implement legislative measures with a view to reinforcing this waste treatment
hierarchy. However, they should ensure that waste management does not endanger human health and is
not harmful to the environment.
According to the provisions of the law, any producer or holder of waste must carry out their treatment
themselves or else must have treatment carried out by a broker, establishment or undertaking. Member
States may cooperate, if necessary, to establish a network of waste disposal facilities. This network must
allow for the independence of the European Union with regard to the treatment of waste.
Dangerous waste must be stored and treated in conditions that ensure the protection of health and the
environment. They must not, in any case be mixed with other dangerous waste and must be packaged or
labelled in line with international or Community regulations.
As key innovations compared to previous Directive 2006/12/EC, it is worth pointing out the introduction
of the concepts of “by-products” (article 5) and “end-of-waste status” (article 6).
Any establishment or undertaking intending to carry out waste treatment must obtain a permit from the
competent authorities who determine notably the quantity and type of treated waste, the method used as
well as monitoring and control operations. Any incineration or co-incineration method aimed at energy
recovery must only be carried out if this recovery takes place with a high level of energy efficiency.
The competent authorities must establish one or more management plans to cover the whole territory of the
Member State concerned. These plans contain, notably, the type, quantity and source of waste, existing
collection systems and location criteria.
The waste management plan may contain, taking into account the geographical level and coverage of the
planning area, historical contaminated waste disposal sites and measures for their rehabilitation.
Waste management plans shall include a specific chapter on the management of packaging and packaging
waste and the strategy for the implementation of the reduction of biodegradable waste going to landfills (in
accordance with the Article 5 of Directive 1999/31/EC).
Prevention programmes must also be drawn up, with a view to breaking the link between economic growth
and the environmental impacts associated with the generation of waste. These programmes are to be
communicated by Member States to the European Commission.
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3 Multilateral/international agreements
3.1 Food and Agriculture Organization (FAO) of the United Nations
3.1.1
FAO initiatives toward land resources
FAO undertakes various activities in the area of land management, land planning and land use.
It promotes the development of cost-effective methods for land and soil survey and classification
including testing and identification of soil constraints; provides documentation, information and
technical guidance for the assessment, conservation and productive management of land resources;
maintains a database and web-based information system on land resources and land use at national and
regional level for comparative studies and analysis; and advises governments and other stakeholders in
the formulation and implementation of appropriate land use and land management policies, strategies
and action plans.
The Land Tenure and Management Unit undertakes the following activities in land resources:11
− Promotes the development of cost-effective methods for land and soil survey and classification
including testing and identification of soil constraints, criteria and methods for assessment of land
degradation and sustainable land management and monitoring trends.
− Promotes and provides documentation, information and technical guidance for the assessment,
conservation and productive management of land resources.
− Promotes the development and harmonisation of land evaluation methodology, land use analysis,
land degradation assessments, agro-ecological zoning, indicators of land quality and criteria for
monitoring land use systems and works towards their application through participatory land use
planning approaches.
− Promotes soil and land use classification and correlation methodologies and mapping.
− Maintains a database and web-based information system on land resources and land use at national
and regional level for comparative studies and analysis.
− Advises governments and other stakeholders in the formulation and implementation of appropriate
land use and land management policies, strategies and action plans.
− Co-operates with UN and specialised agencies, international and national bodies, non-governmental
organisations and the private sector to support sustainable and productive land use and land
management practices.
− Contributes to the implementation of Agenda 21 and the Rio Conventions and assists member
countries in the preparation of National Action Plans that address sustainable use of land resources
use and food security goals.
− Supports member countries in the formulation and implementation of sustainable land and
ecosystems management programmes/projects, with attention to land productivity, degradation,
problem soils, biodiversity and climate change issues as well as emergency and relief operations.
3.1.2
Global Soil Partnership (GSP)
In September 2011, with the support of the European Commission FAO has launched the Global Soil
Partnership (GSP) for Food Security and Climate Change Mitigation and Adaptation to raise awareness
of decision makers on the vital role of soil resources for achieving food security, adapt to and mitigate
climate change and guarantee provision of environmental services. 12
11
Source: http://www.fao.org/nr/land/lr-home/en
12
Source: http://www.fao.org/news/story/en/item/89277/icode/
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The GPS takes origin from awareness of increasing degradation of soil resources due to population
pressures, inappropriate practices and inadequate governance over this valuable resource, so that soils
can be considered as non-renewable in the time frame of human activities.
The role of FAO as an intergovernmental institution may provide a platform.
The GSP will aim towards collaboration and sharing of responsibilities so as to provide a coherent
framework for joint strategies and actions. The GSP should aim at facilitating the dialogue and interaction
among the various users and stakeholders currently using soil resources. The ultimate twinned goal of
the GSP should be the sustainable and productive use of the soil resources of the world.
Figure 1. Toward a global soil partnership - GSP
The mission of the GSP (complementing the Global water partnership) is to build capacities and
exchanges knowledge and technologies for sustainable management of soil resources at all levels to
enhance food security in an era of climate change and propose national and international soil quality- soil
health best practices, standards, guidelines and monitoring systems.
The GSP shall address five main pillars of action:
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1.
2.
3.
4.
5.
harmonization and establishment of guidelines and standards of methods, measurements
and indicators;
strengthening of soil data and information;
promoting targeted soil research and development;
promoting sustainable management of soil resources; and
encouraging investment, policy and technical cooperation in soils.
The improvement of soil information and its use in developing sound soil policies and improved decision
making for soil protection and management are the main aims of the GSP.
A Global Soil Partnership can bring due recognition and concerted action with stakeholders at
international, national and local levels to protect and sustain soil and water resources as the basis for
sustainable agriculture and food security.
It will provide a platform for updating and sharing knowledge on soils, for developing capacities of land
users and technical institutions and providing information and evidence for strengthened policies and
programmes.
Figure 2. The Global Soil Partnership
Through enhanced and applied knowledge of soil resources as well as improved global governance and
standardization, the partnership will:
create and promote awareness among decision makers and stakeholders on the key role of soil
resources for sustainable development;
address critical soil issues in relation to food security and climate change adaptation and
mitigation;
guide soil knowledge networks and research through a common communication platform
incorporating local challenges;
establish an active and effective network for addressing soil crosscutting issues, and;
develop global governance guidelines aiming to improved soil protection and sustainable soil
productivity.
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3.2 United Nations: the Rio Conventions (Biodiversity; Climate Change; Land
Degradation)
The year 2012 marks the twentieth anniversary of the Rio Earth Summit, which resulted in the
establishment of the three Rio Conventions:
the Convention on Biological Diversity (CBD);13
the United Nations Convention to Combat Desertification (UNCCD);14
the United Nations Framework Convention on Climate Change (UNFCCC).15
In the 20 years since their inception, the Rio Conventions have made important progress in advancing
their work. Given that climate change, biodiversity and desertification are interconnected, the
conventions explored possible cooperation in these areas.
In response, the Joint Liaison Group (JLG) among the secretariats of the CBD, the UNCCD and the
UNFCCC was established in 2001 with the aim of enhancing coordination among the three conventions,
including for information sharing and outreach.
The JLG supports Parties in the achievement of national-level synergies and coordination in the
implementation of the Conventions. A coordinated platform exhibiting joint work is the Rio Conventions
Pavilion, which helps to raise awareness and share information on linkages in science, policy and practice
between biodiversity, climate change and sustainable land management.16
Hereafter a brief review highlights the roles of the Rio Conventions’ processes involved in biodiversity,
combating desertification/land degradation and climate change as important contributors to the global
sustainable development agenda, drawing attention to successes and future opportunities.
3.2.1
The Convention on Biological Diversity (CBD)
The Convention on Biological Diversity is an international treaty for the conservation of biological
diversity, the sustainable use of its components and the fair and equitable sharing of benefits arising out
of the utilization of genetic resources, including by appropriate access to genetic resources and by
appropriate transfer of relevant technologies, taking into account all rights over those resources and to
technologies, and by appropriate funding.
In respect of conservation and sustainable use, each Contracting Party shall, in accordance with its
particular conditions and capabilities:
a)
b)
Develop national strategies, plans or programmes for the conservation and sustainable use of
biological diversity or adapt for this purpose existing strategies, plans or programmes which
shall reflect, inter alia, the measures set out in this Convention relevant to the Contracting Party
concerned; and
Integrate, as far as possible and as appropriate, the conservation and sustainable use of biological
diversity into relevant sectoral or cross-sectoral plans, programmes and policies.
In respect of sustainable use of components of biological diversity, each Contracting Party shall, as far as
possible and as appropriate:
a)
Integrate consideration of the conservation and sustainable use of biological resources into
national decision-making;
13
See on http://www.cbd.int/
14
See on: http://www.unccd.int/
15
See on: http://unfccc.int/2860.php
16
See on: www.riopavilion.org
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b)
c)
d)
e)
Adopt measures relating to the use of biological resources to avoid or minimize adverse impacts
on biological diversity;
Protect and encourage customary use of biological resources in accordance with traditional
cultural practices that are compatible with conservation or sustainable use requirements;
Support local populations to develop and implement remedial action in degraded areas where
biological diversity has been reduced; and
Encourage cooperation between its governmental authorities and its private sector in developing
methods for sustainable use of biological resources.
As regards handling of biotechnology and distribution of its benefits, the Convention lay down that:
1.
2.
3.
4.
Each Contracting Party shall take legislative, administrative or policy measures, as appropriate,
to provide for the effective participation in biotechnological research activities by those
Contracting Parties, especially developing countries, which provide the genetic resources for
such research, and where feasible in such Contracting Parties.
Each Contracting Party shall take all practicable measures to promote and advance priority access
on a fair and equitable basis by Contracting Parties, especially developing countries, to the results
and benefits arising from biotechnologies based upon genetic resources provided by those
Contracting Parties. Such access shall be on mutually agreed terms.
The Parties shall consider the need for and modalities of a protocol setting out appropriate
procedures, including, in particular, advance informed agreement, in the field of the safe transfer,
handling and use of any living modified organism resulting from biotechnology that may have
adverse effect on the conservation and sustainable use of biological diversity.
Each Contracting Party shall, directly or by requiring any natural or legal person under its
jurisdiction providing the organisms referred to in paragraph 3 above, provide any available
information about the use and safety regulations required by that Contracting Party in handling
such organisms, as well as any available information on the potential adverse impact of the
specific organisms concerned to the Contracting Party into which those organisms are to be
introduced.
The Strategic Plan for Biodiversity 2011 – 2020 “Living in Harmony with Nature”, adopted by the tenth
Conference of the Parties (COP) to the CBD, promotes the effective implementation of the Convention
through broad-based action by all Parties and stakeholders in order to halt the loss of biodiversity and
ensure that by 2020 ecosystems are resilient and continue to provide essential services for human wellbeing and livelihoods.
As such, the plan is intended as the overarching framework on biodiversity, not only for the biodiversityrelated conventions, but for the entire United Nations system. At the heart of the Strategic Plan are 20
targets collectively known as the Aichi Biodiversity Targets.
These targets, which must be met by 2020 if the plan is to be realised, are classified under five strategic
goals, as following:
Strategic Goal A: Address the underlying causes of biodiversity loss by mainstreaming biodiversity
across government and society
Target 1
By 2020, at the latest, people are aware of the values of biodiversity and the steps they can take to
conserve and use it sustainably.
Target 2
By 2020, at the latest, biodiversity values have been integrated into national and local development and
poverty reduction strategies and planning processes and are being incorporated into national accounting,
as appropriate, and reporting systems.
Target 3
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By 2020, at the latest, incentives, including subsidies, harmful to biodiversity are eliminated, phased out
or reformed in order to minimize or avoid negative impacts, and positive incentives for the conservation
and sustainable use of biodiversity are developed and applied, consistent and in harmony with the
Convention and other relevant international obligations, taking into account national socio economic
conditions.
Target 4
By 2020, at the latest, Governments, business and stakeholders at all levels have taken steps to achieve or
have implemented plans for sustainable production and consumption and have kept the impacts of use
of natural resources well within safe ecological limits.
Strategic Goal B: Reduce the direct pressures on biodiversity and promote sustainable use
Target 5
By 2020, the rate of loss of all natural habitats, including forests, is at least halved and where feasible
brought close to zero, and degradation and fragmentation is significantly reduced.
Target 6
By 2020 all fish and invertebrate stocks and aquatic plants are managed and harvested sustainably,
legally and applying ecosystem based approaches, so that overfishing is avoided, recovery plans and
measures are in place for all depleted species, fisheries have no significant adverse impacts on threatened
species and vulnerable ecosystems and the impacts of fisheries on stocks, species and ecosystems are
within safe ecological limits.
Target 7
By 2020 areas under agriculture, aquaculture and forestry are managed sustainably, ensuring
conservation of biodiversity.
Target 8
By 2020, pollution, including from excess nutrients, has been brought to levels that are not detrimental to
ecosystem function and biodiversity.
Target 9
By 2020, invasive alien species and pathways are identified and prioritized, priority species are controlled
or eradicated, and measures are in place to manage pathways to prevent their introduction and
establishment.
Target 10
By 2015, the multiple anthropogenic pressures on coral reefs, and other vulnerable ecosystems impacted
by climate change or ocean acidification are minimized, so as to maintain their integrity and functioning.
Strategic Goal C: To improve the status of biodiversity by safeguarding ecosystems, species and genetic
diversity
Target 11
By 2020, at least 17 per cent of terrestrial and inland water, and 10 per cent of coastal and marine areas,
especially areas of particular importance for biodiversity and ecosystem services, are conserved through
effectively and equitably managed, ecologically representative and well connected systems of protected
areas and other effective area-based conservation measures, and integrated into the wider landscapes and
seascapes.
Target 12
By 2020 the extinction of known threatened species has been prevented and their conservation status,
particularly of those most in decline, has been improved and sustained.
Target 13
By 2020, the genetic diversity of cultivated plants and farmed and domesticated animals and of wild
relatives, including other socio-economically as well as culturally valuable species, is maintained, and
strategies have been developed and implemented for minimizing genetic erosion and safeguarding their
genetic diversity.
Strategic Goal D: Enhance the benefits to all from biodiversity and ecosystem services
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Target 14
By 2020, ecosystems that provide essential services, including services related to water, and contribute to
health, livelihoods and well-being, are restored and safeguarded, taking into account the needs of
women, indigenous and local communities, and the poor and vulnerable.
Target 15
By 2020, ecosystem resilience and the contribution of biodiversity to carbon stocks has been enhanced,
through conservation and restoration, including restoration of at least 15 per cent of degraded
ecosystems, thereby contributing to climate change mitigation and adaptation and to combating
desertification.
Target 16
By 2015, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of
Benefits Arising from their Utilization is in force and operational, consistent with national legislation.
Strategic Goal E: Enhance implementation through participatory planning, knowledge management and
capacity building
Target 17
By 2015 each Party has developed, adopted as a policy instrument, and has commenced implementing an
effective, participatory and updated national biodiversity strategy and action plan.
Target 18
By 2020, the traditional knowledge, innovations and practices of indigenous and local communities
relevant for the conservation and sustainable use of biodiversity, and their customary use of biological
resources, are respected, subject to national legislation and relevant international obligations, and fully
integrated and reflected in the implementation of the Convention with the full and effective participation
of indigenous and local communities, at all relevant levels.
Target 19
By 2020, knowledge, the science base and technologies relating to biodiversity, its values, functioning,
status and trends, and the consequences of its loss, are improved, widely shared and transferred, and
applied.
Target 20
By 2020, at the latest, the mobilization of financial resources for effectively implementing the Strategic
Plan for Biodiversity 2011-2020 from all sources, and in accordance with the consolidated and agreed
process in the Strategy for Resource Mobilization, should increase substantially from the current levels.
This target will be subject to changes contingent to resource needs assessments to be developed and
reported by Parties.
The implementation of the Plan coincides with the International Decade on Biodiversity 2011-2020,
announced by the UN General Assembly in December 2010. The CBD is starting to monitor progress
towards the Strategic Plan for Biodiversity 2011 – 2020 and its Aichi Targets.
Key milestones in this process will be the submission of the fifth national reports by CBD Parties and the
publication of the fourth Global Biodiversity Outlook, an analysis of the status of biodiversity globally,
both in 2014.
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3.2.2
The United Nations Convention to Combat Desertification (UNCCD)
The United Nations Convention to Combat Desertification is a universal international agreement aimed
at promoting a global response to desertification.
The UNCCD is a unique instrument that focuses attention on land degradation and the social and
economic problems it causes. It has helped to focus global awareness on arid and semi-arid lands where
some of the most vulnerable ecosystems and peoples can be found.
The provisions of the UNCCD reflect a strong link between desertification, land degradation and drought
(DLDD) and adaptation to climate change: “In pursuing the objective of this Convention, the Parties shall adopt
an integrated approach addressing the physical, biological and socio-economic aspects of the processes of
desertification and drought” [Article 4, paragraph 2(a)].
Article 8, paragraph 1, states: “The Parties shall encourage the coordination of activities carried out under this
Convention and, if they are Parties to them, under other relevant international agreements, particularly the
UNFCCC and the CBD, in order to derive maximum benefit from activities under each agreement while avoiding
duplication of effort”.
Article 10 provides for the formulation of national action programmes, which address poverty reduction
and vulnerability to climate change in affected developing countries. These action programmes seek to
identify the factors contributing to desertification and practical measures necessary to combat
desertification and mitigate the effects of drought, thereby contributing fully to adaptation efforts.
In addition, references to hazard-based adaptation strategies (e.g. improving early warning and response
capacity, strengthening and/or establishing early warning systems in regions prone to desertification and
drought) can be found in the annexes to the Convention.
Key decisions in relation to DLDD and climate change include decisions 2 – 4/COP.8, 8/COP.9 and
9/COP.10. 2
Information to facilitate the mainstreaming of DLDD into the current climate change negotiation and
implementation processes is made available through the advocacy policy framework on climate change,
referred to in decision 9/CO P.10. These issues are addressed as part of the climate change adaptation
framework, with options for action provided, including possible ways to enhance cooperation with the
UNFCCC at the national level.
In addition to advocating sustainable land management (SLM), the UNCCD promotes the setting up of a
Sustainable Development Goal on land and soils, for measurable targets on land degradation as means to
address DLDD, and options to increase climate resilience. Through the advocacy policy framework on
climate change, the UNCCD raises policy and decision makers’ awareness on sustainable land
management as a vital component of holistic strategies to address DLDD in affected countries.
The Committee on Science and Technology of the UNCCD will meet no later than March 2013 in
conjunction with its UNCCD 2nd Scientific Conference entitled “Economic assessment of desertification,
sustainable land management and resilience of arid, semi-arid and dry sub-humid areas”.
Moreover, the UNCCD, together with the World Meteorological Organization, aims at assisting countries
in developing their National Drought Policies based on the anticipated outcomes of the High Level
Meeting on National Drought Policy, which will take place in 2013.
Both the Scientific Conference and the High Level Meeting are expected to produce comprehensive
assessments and policy-relevant recommendations on the linkages between drought and adaptation,
especially the adaptive capacity of rural communities most vulnerable to climate change.
The UNCCD is also further developing the existing impact indicators measuring progress towards the
achievement of the strategic objectives of the UNCCD as a means of assessing ongoing drought in
affected Parties and neighbouring countries.
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There are several provisions to ensure the integrated and sustainable management of natural resources and
sustainable land-use patterns in the text and the annexes of the Convention.
In addition, the 10-year strategic plan and framework to enhance the implementation of the Convention,
“The Strategy 2008–2018”, provides a unique opportunity to address some of the Convention’s key
challenges, to capitalize on its strengths, to seize opportunities provided by the new policy and financing
environment, and to create a new and revitalized common ground for all UNCCD stakeholders. (Key
decisions: 8/COP.4, 2/COP.6, 12/COP.7, 3/COP.8, 4/COP.8. 3).
The Strategy supports the development and implementation of national and regional policies,
programmes and measures to prevent, control and reverse desertification/land degradation and mitigate
the effects of drought through scientific and technological excellence, raising public awareness, standard
setting, advocacy and resource mobilisation.
Four strategic objectives with their own long-term impacts will guide the actions of all UNCCD
stakeholders and partners in seeking to achieve the global vision. These objectives are:
1)
2)
3)
4)
3.2.3
To improve the living conditions of affected populations;
To improve the condition of affected ecosystems;
To generate global benefits through effective implementation of the UNCCD;
To mobilize resources to support the implementation of the Convention through building
effective partnerships between national and international actors.
The United Nations Framework Convention on Climate Change (UNFCCC)
The Convention on Climate Change sets an overall framework for intergovernmental efforts to tackle the
challenge posed by climate change. It recognizes that the climate system is a shared resource whose
stability can be affected by industrial and other emissions of carbon dioxide and other greenhouse gases.
The ultimate objective of this Convention and any related legal instruments that the Conference of the
Parties may adopt is to achieve, in accordance with the relevant provisions of the Convention, stabilization
of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic
interference with the climate system.
Such a level should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to
climate change, to ensure that food production is not threatened and to enable economic development to
proceed in a sustainable manner.
In their actions to achieve the objective of the Convention and to implement its provisions, the Parties
shall be guided, inter alia, by the following principles:
1. The Parties should protect the climate system for the benefit of present and future generations of
humankind, on the basis of equity and in accordance with their common but differentiated
responsibilities and respective capabilities. Accordingly, the developed country Parties should take the
lead in combating climate change and the adverse effects thereof.
2. The specific needs and special circumstances of developing Country Parties, especially those that are
particularly vulnerable to the adverse effects of climate change, and of those Parties, especially
developing Country Parties, that would have to bear a disproportionate or abnormal burden under the
Convention, should be given full consideration.
3. The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate
change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full
scientific certainty should not be used as a reason for postponing such measures, taking into account that
policies and measures to deal with climate change should be cost-effective so as to ensure global benefits
at the lowest possible cost. To achieve this, such policies and measures should take into account different
socio-economic contexts, be comprehensive, cover all relevant sources, sinks and reservoirs of
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greenhouse gases and adaptation, and comprise all economic sectors. Efforts to address climate change
may be carried out cooperatively by interested Parties.
3.2.4
UN Conference on Sustainable Development (Rio de Janeiro, 20-22 June 2012): The
Rio+20 "Future We Want" Outcome Document
“Rio+20”, the short name for the United Nations Conference on Sustainable Development which took
place in Rio de Janeiro, Brazil, in June 2012, was dedicated to the future we want for our planet: an
opportunity to define pathways to a safer, more equitable, cleaner, greener and more prosperous world
for all.
Twenty years after the 1992 Earth Summit in Rio, where countries adopted “Agenda 21”, a blueprint to
rethink economic growth, advance social equity and ensure environmental protection, the UN brought
together again governments, international institutions and major groups17 to agree on a range of smart
measures that can reduce poverty while promoting decent jobs, clean energy and a more sustainable and
fair use of resources.
The objective of the Conference was to secure renewed political commitment for sustainable
development, assess the progress to date and the remaining gaps in the implementation of the outcomes
of the major summits on sustainable development, and address new and emerging challenges
The official discussions will focus on two main themes:
(i)
(ii)
How to build a green economy to achieve sustainable development and lift people out of
poverty, including support for developing countries that will allow them to find a green path
for development; and
How to improve international coordination for sustainable development.
At the end, world leaders from the 193 Member States of the United Nations did develop and agree to
approve the outcome document for Rio+20 entitled “The future we want”.
The document largely reaffirms previous action plans like Agenda 21.
The text consists of 283 Articles that mark the international community's commitment to global
sustainable development, organized into a series of sections, as following:
I.
II.
III.
IV.
V.
OUR COMMON VISION
RENEWING POLITICAL COMMITMENT
A. Reaffirming the Rio Principles and past action plans
B. Advancing integration, implementation and coherence: assessing the progress to date
and the remaining gaps in the implementation of the outcomes of the major summits on
sustainable development and addressing new and emerging challenges
C. Engaging major groups and other stakeholders
GREEN ECONOMY IN THE CONTEXT OF SUSTAINABLE DEVELOPMENT AND POVERTY ERADICATION
INSTITUTIONAL FRAMEWORK FOR SUSTAINABLE DEVELOPMENT
A. Strengthening the three dimensions of sustainable development
B. Strengthening intergovernmental arrangements for sustainable development
C. Environmental pillar in the context of sustainable development
D. International financial institutions and United Nations operational activities
E. Regional, national, subnational and local levels
FRAMEWORK FOR ACTION AND FOLLOW-UP
A. Thematic areas and cross-sectoral issues
B. Sustainable development goals
17 The nine major groups are: women; children and youth; indigenous peoples; NGOs; local authorities; workers and trade unions;
business and industry; the scientific and technical community; and farmers.
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VI.
MEANS OF IMPLEMENTATION
A. Finance
B. Technology
C. Capacity-building
D. Trade
E. Registry of commitments
Among many other points, the document calls for a wide range of actions, including:
launching a process to establish sustainable development goals;
detailing how the green economy can be used as a tool to achieve sustainable development;
strengthening the UN Environment Programme and establishing a new forum for sustainable
development;
promoting corporate sustainability reporting measures;
taking steps to go beyond GDP to assess the well-being of a country;
developing a strategy for sustainable development financing;
adopting a framework for tackling sustainable consumption and production;
focusing on improving gender equality;
stressing the need to engage civil society and incorporate science into policy;
recognizing the importance of voluntary commitments on sustainable development.
More specifically, within the Section V(A), the Articles 190 - 192 are reserved to “Climate change”, one of
the greatest challenges of our time, to the adverse impacts of which all countries are vulnerable,
particularly developing countries. In this regard the document emphasizes that adaptation to climate
change represents an immediate and urgent global priority.
Moreover. The document underscores that the global nature of climate change calls for the widest
possible cooperation by all countries and their participation in an effective and appropriate international
response, with a view to accelerating the reduction of global greenhouse gas emissions.
The act recalls the commitment of the United Nations Framework Convention on Climate Change (UNFCCC)
for the parties that shall protect the climate system for the benefit of present and future generations of
humankind on the basis of equity and in accordance with their common but differentiated
responsibilities and respective capabilities. Then it recognizes the importance of mobilizing funding from
a variety of sources, public and private, bilateral and multilateral, including innovative sources of
finance, to support nationally appropriate mitigation actions, adaptation measures, technology
development and transfer and capacity-building in developing countries. In this regard, it’s welcome the
launching of the Green Climate Fund and the call for its prompt operationalization so as to have an early
and adequate replenishment process.
Lastly, the act urges parties to the UNFCCC and parties to the Kyoto Protocol to fully implement their
commitments, as well as decisions adopted under those agreements. In this regard, we will build upon
the progress achieved, including at the seventeenth session of the Conference of the Parties to the
Convention and the seventh session of the Conference of the Parties serving as the Meeting of the Parties
to the Kyoto Protocol, held in Durban, South Africa, from 28 November to 9 December 2011.
The Articles 197 - 204 are reserved to “Biodiversity”. In this respect the document reaffirms the intrinsic
value of biological diversity, as well as the ecological, genetic, social, economic, scientific, educational,
cultural, recreational and aesthetic values of biological diversity and its critical role in maintaining
ecosystems that provide essential services, which are critical foundations for sustainable development
and human well-being. In particular, as a result of the recognition of the severity of the global loss of
biodiversity and the degradation of ecosystems and emphasize that these undermine global
development, affecting food security and nutrition, the provision of and access to water and the health of
the rural poor and of people worldwide, including present and future generations.
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So, the act underscore the commitment to the achievement of the three objectives of the Convention on
Biological Diversity (CBD) and call for urgent actions that effectively reduce the rate of, halt and reverse
the loss of biodiversity. In this context, it affirms the importance of implementing the Strategic Plan for
Biodiversity 2011-2020 and achieving the Aichi Biodiversity Targets adopted by the Conference of the Parties
to the Convention at its tenth meeting. Then the outcome document note the adoption of the Nagoya
Protocol on Access to Genetic Resources and the fair and equitable sharing of benefits arising from their
utilization to the CBD, and invite parties to the CBD to ratify or accede to the Protocol, so as to ensure its
entry into force at the earliest possible opportunity.
The paper supports mainstreaming the consideration of the socioeconomic impacts and benefits of the
conservation and sustainable use of biodiversity and its components, as well as ecosystems that provide
essential services, into relevant programmes and policies at all levels, in accordance with national
legislation, circumstances and priorities. It encourages investments, through appropriate incentives and
policies, which support the conservation and sustainable use of biological diversity and restoration of
degraded ecosystems, consistent and in harmony with the CBD and other relevant international
obligations.
The act agrees to promote international cooperation and partnerships, as appropriate, and information
exchange, and in this context the United Nations Decade on Biodiversity, 2011-2020, is welcome for the
purpose of encouraging active involvement of all stakeholders in the conservation and sustainable use of
biodiversity, as well as access to and the fair and equitable sharing of benefits arising from the utilization
of genetic resources, with the vision of living in harmony with nature.
In the end, the paper takes note of the establishment of the Intergovernmental Science-Policy Platform on
Biodiversity and Ecosystem Services, and invite an early commencement of its work, in order to provide the
best available policy-relevant information on biodiversity to assist decision makers.
As regards of “Desertification, land degradation and drought” (Article 205-209), the outcome document
recognizes the economic and social significance of good land management, including soil, particularly its
contribution to economic growth, biodiversity, sustainable agriculture and food security, eradicating
poverty, the empowerment of women, addressing climate change and improving water availability. It
stresses that desertification, land degradation and drought are challenges of a global dimension and
continue to pose serious challenges to the sustainable development of all countries, in particular
developing countries. It also stresses the particular challenges this poses for Africa, the least developed
countries and the landlocked developing countries.
The act recognizes the need for urgent action to reverse land degradation. In view of this, we will strive to
achieve a land-degradation neutral world in the context of sustainable development. This should act to
catalyse financial resources from a range of public and private sources.
The document reaffirms the resolve in accordance with the UNCCD to take coordinated action nationally,
regionally and internationally, to monitor, globally, land degradation and restore degraded lands in arid,
semi-arid and dry sub-humid areas. It resolves to support and strengthen the implementation of the
Convention and “The Strategy 2008–2018”, including through mobilizing adequate, predictable and
timely financial resources. It notes the importance of mitigating the effects of desertification, land
degradation and drought, including by preserving and developing oases, restoring degraded lands,
improving soil quality and improving water management, in order to contribute to sustainable
development and poverty eradication. In this regard, it encourages and recognizes the importance of
partnerships and initiatives for the safeguarding of land resources. It also encourages capacity-building,
extension training programmes and scientific studies and initiatives aimed at deepening understanding
and raising awareness of the economic, social and environmental benefits of sustainable land
management policies and practices.
The paper stresses the importance of the further development and implementation of scientifically based,
sound and socially inclusive methods and indicators for monitoring and assessing the extent of
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desertification, land degradation and drought, as well as the importance of efforts under way to promote
scientific research and strengthen the scientific base of activities to address desertification and drought in
accordance with the UNCCD. In this respect, it takes note of the decision of the COP to the Convention,
at its tenth meeting, to establish an ad hoc working group, taking into account regional balance, to
discuss specific options for the provision of scientific advice to its parties.
Then, the outcome document reiterates the need for cooperation through the sharing of climate and
weather information and forecasting and early warning systems related to desertification, land
degradation and drought, as well as to dust storms and sandstorms, at the global, regional and subregional levels. In this regard, it invites States and relevant organizations to cooperate in the sharing of
related information, forecasting and early warning systems.
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The current state of play
4 Italy
4.1 Legal background
The subject matter of contaminated sites management was introduced in Italy by the Article 17 of the
Decree 22/1997 (promulgated in complying with Directives 91/156/EEC, 91/689/CEE and 94/62/EC), that
was dedicated to contaminated sites. The major objectives were:
− the definition of use dependant limit values for soil, surface water and groundwater;
− the definition of site assessment and sample analysis procedures;
− the definition of clean-up, safety, and environmental restoration criteria;
− site polluter obligations;
− shared liability in case of unknown polluter (community, region);
− the necessity to compile a register of contaminated and potentially contaminated sites;
− the implementation of legal consequences by non-compliance.
Decree 471/99 issued in December 1999 regulated these technical issues.
In this piece of legislation were defined limit values for soil (two land uses) and groundwater
concentrations for roughly 100 substances. Procedures for assessment and remediation project design and
approval protocols by local authorities, together with monitoring tasks, are established.
Decree 471/99 defined a site “polluted” where contamination levels or chemical, physical, biological
degradation of soil, ground or surface water determines hazards to public health, natural or built
environment. For legal purposes a site was defined as polluted when even a single substance in soil or
water, exceeds concentration limits values established in the same decree. Different remediation solutions
are outlined:
- clean-up,
- clean-up with safety measures,
- emergency and permanent safety actions.
Clean up with safety measures was defined as the different actions needed to reduce site contamination
to concentration levels exceeding acceptable legal limits, when these cannot be reached, according EU
principles, by best available technologies at affordable costs. In these cases reuse of the site implies safety
measures, monitoring, control and use limitations. Residual concentrations, different from limit values,
can be justified on the basis of a site-specific risk assessment.
Law n. 426/98 of December 1998 listed a number of contaminated “sites of national interest”, deserving
particular attention, responsibility and funding from national government authorities.
In the 2006 was promulgated the legislative Decree 2006/152, so called “Environmental Code”, since it
collects in one act the main national provisions related to the environmental protection.
Part IV of the Act is a framework law on waste and remediation of contaminated sites. The topic of
contaminated sites and remediation actions is addressed on Title V. The latest amendment of this
framework law, promulgated with the legislative Decree 2010/205, gives effect to the provisions of the
Directive 2008/98/EC. Part VI of this Italian Act lays down rules with regard to remedial measures and
request for action in case of environmental damage, partly complying with Directive 2004/35/EC.
For the purposes of the Title V of the Decree 2006/152 (and its amendments), the following definitions
shall apply:
-
potentially contaminated site: a site where one or more values of contamination level in environmental
matrices are higher than limit values for soil concentration (SVs), waiting to carry out the operations
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-
-
of source characterization and health and environmental risk-based site specific assessment, aimed to
determine the state (or not) of contamination; such limit values for soil concentrations are set out in
tabular form taking into account two land uses (Annex 5 to Part IV of the Decree);
contaminated site: a site where risk – based site specific values for soil concentration (SSV)concentrazioni soglia di rischio), determined on the basis of the results of source characterization, are
exceeded; such screening values become also cleanup targets;
not contaminated site: a site where the contamination level in environmental matrices does not exceed
limit values for soil concentration (SVs) or, if does exceed, is nevertheless below the risk – based site
specific values for soil concentration (SSV).
The Annex I at Part IV of the Decree sets down general criteria to carry out the site-specific risk
assessment aimed to determine the cleanup targets in a sound and functional way and the contamination
characterization in environmental matrices. In addition, such Annex I illustrates the criteria to be
followed to choose and implement remediation actions or clean-up with safety measures, operating or
permanent.
The regional waste management plans shall contain a specific plan for remediation of contaminated lands
which must include:
a) the order of priorities of action, based on a risk assessment criteria developed by the Institute for
Environmental Research and Protection (Ispra);
b) an inventory of contaminated sites, established on the basis of the criteria aforementioned, and general
features of the substances;
c) the remediation tecniques for contaminated sites;
d) the estimated financial costs;
e) the means of disposal of material to be removed.
The adoption of this regional plan is a necessary requirement for access to national funding.
4.2 Procedures in use
The recent waste and contaminated sites legislation sets risk assessment of contaminated sites as a major
component of risk based land management: the management of contamination problems starts in fact
from the assessment of related risks.
As we said above, the Annex I to the Part IV of the Decree provides a scientific approach to site specific
risk assessment, according to USEPA guidelines, and described by APAT, on the basis of a project
originally shared with the regional environment agencies.
In accordance with the Directive 2004/35/EC on environmental liability with regard to the prevention and
remedying of environmental damage, where environmental damage has not yet occurred, but there is an
imminent threat of such damage occurring, the operator shall, without delay, take the necessary
preventive measures and inform the competent authority of all relevant aspects of the situation, as soon
as possible.
Whereupon, the operator sets up sites investigations aimed to ensure that the limit values for soil
concentration (SVs - CSC in Italy) are not exceeded, and provides for the restoration of contaminated
area, informing the competent authority.
If these values are exceeded, the operator shall make a plan for contamination characterization available
to the competent authority. Once authorized, on the bases of the results of such characterization, the
operator shall implement a risk-based site specific assessment to verify if the site can be defined as
contaminated (SSV, CSR in Italy, risk – based site specific values for soil concentration, exceeded).
The Article 242 of the Decree establishes the details of the remediation procedures and the corresponding
timing.
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The Italian law lays down also the case of remedial action for “orphan site” and the requirement for the
competent authority.
Whereas the risk-based site specific assessment verifies the concentration values of risk are exceeded, that
situation should be reported by the destination certificate urban cartography, as well as by the technical
rules of implementation of the general urban planning and is communicated to the City Land Revenue
Assessment Office responsible.
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5 Malta18
5.1 Legal background
To date, soil protection is not a specific objective of Maltese legislation.
Traditionally, in Malta soil protection and management are divided between two different fields of law:
land-use (spatial) planning and environment protection. Actually, a third field of law is taking shape:
agricultural and rural affairs in view of the multitude of obligations emerging form certain Directives on
related themes and the Common Agricultural Policy.
Consequently, Maltese legislation is mostly concentrated in procedures associated with agricultural
production (code of Good Agricultural Practice, GAEC measures, Cross-compliance) and on
transportation of soils. The latter activity is regulated by Act XXIX of 1973 (LN104/1973): Fertile Soil
(Preservation) Regulations – Subsidiary legislation Chapter 236 of the Laws of Malta (and as amended)
which specifically prevents site owners from construction development over soil profiles. On sites
earmarked for development or where permits are already in hand, soils shall be collected for reuse in
accordance with provisions outlined in mentioned regulations. A permit form the Director of
Agriculture/Head of Agriculture Directorate may be required to this effect. Its deposition and reuse of
removed soil shall be approved in advance by MEPA’s Environment Protection Directorate if it would
involve deposition or re-use in any site which is located Outside Development Zones or within a
scheduled or otherwise legally protected site.
Moreover, a national legislative framework adopted to secure the effective management of other topics
that may ply impacts on the soil quality consist of:
-
Legal Notice (L.N.) 337/2001 Waste Management (Permit & Control) Regulations;
-
L.N. 168/2002 Waste Management (Landfill) Regulations;
-
Article 17: implementation report for Sewage Sludge Directive (2007-2009) as required by Council
Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the
soil, when sewage sludge is used in agricultural;
-
L.N. 212/2001. The Sludge (Use in Agricultural) Regulations, 2001. Environmental Protection Act,
No.XX of 2001. Chapter 435 of the Laws of Malta.
The remediation of any contaminated soils are to be managed and disposed of in accordance with the
legal provisions laid down in LN 184/2011 (the Waste Management Regulations of 2011) and LN 168/2002
mentioned (and its amendments).
5.2 National Environmental Policy
The need for Malta to have a comprehensive policy framework which will integrate Government’s
strategic long-term environmental objectives with other Government policies and objectives has long
been felt.
In March 2010, Government launched a process to develop Malta’s National Environment Policy (NEP).
The NEP is a comprehensive environmental policy covering all environmental sectors and natural
resources, including air, waste, water, land, soil, climate, biodiversity, coastal and marine areas, noise,
chemicals, and mineral resources. It covers, but is not restricted to, obligations stemming from the
European Union environment acquis.19
18 The contents of this paragraph takes origin from the Inception report relative to stock-take assessment of existing data
infrastructure relevant to the proposed EU Soil Framework Directive – Second Draft, July 2011, compiled by MEPA.
19
Source: Tourism an Sustainable Development Unit web site, on: https://secure2.gov.mt/tsdu/environment-nep?l=1
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The National Environment Policy strengthens the implementation of the National Sustainable
Development Strategy. The main goals are to:
− provide direction to all players in the sector;
− ensure policy integration, such that all stakeholders work in a coordinated manner to achieve the
national objectives and key priorities, not only in the environmental field, but also in areas that
impact upon or are impacted by the environment, exploiting synergies, and addressing potential
conflicts across sectors;
− clearly and transparently articulate and communicate national environmental commitments and
priorities.
The soil is one of the fundamental Malta’s Environmental objectives concerning with using resources
efficiently and sustainably of the NEP.
The NEP highlights Malta’s high rate of urbanisation, together with the intensification of agricultural
practices in certain sites, as the main pressures on soil.
Due to the expected impacts of climate change on soils and water availability to plants, and the need to
address adaptation to climate change, further soil protection measures have become increasingly
necessary.
The NEP aims to undertake a legislative review to address lacunae related to threats to soil quality, such
as erosion and contamination.
In detail, the work on the NEP involves the issues shown within the following scheme:
5.3 Procedures in use
The current position of Malta is that the country has long recognized the need to protect its soils ad has,
for many years, put in practice a system of regulatory mechanisms and financial incentives to prevent soil
degradation.
Administrative processes currently applied with respect to Maltese soils management (monitoring,
shifting, adaptation and so on), are largely managed by the Paying Agency within the Ministry for
Resources and Rural Affairs.
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MEPA evaluates a substantial number of applications for development on agricultural land every year.
Development planning and environment assessment procedures are the two main internal consultation
functions providing formal and statutory input when client applications are submitted for evaluation
prior to permits being issued by Environment and Planning Committees operating as delegated entity to
the MEPA Board.
Project proposal requiring either a project description statement (PDS) or, where suitable, an appropriate
assessment (AA), an environment impact statement (EIS), or an environment impact assessment (EIA),
may be resorted to. Within these stages in the application processing procedure, soils in a given area are
indirectly monitored since the protection of good quality agricultural land is one of land use planning
objectives. This process often results into the preparation of conditions covering the temporary and
permanent movements of soil resources in the undeveloped area, partly or fully designated for
development through the related planning process.
Standard permit conditions, currently applied in cases where approval of applications is recommended,
normally make use of the following wording in terms of soils management:
A) Soiled areas
Any soil on the site shall not be built over but shall be collected for reuse. A permit form the Director of
Agriculture is required to remove the soil form the site and to transport it to a different location. All soil
shell be deposited at the place indicated by the Director of Agriculture and authorization by the
Environment Protection Directorate shall also be required prior to any deposition on open or
undeveloped land unless located in officially approved development zones. This condition does not
exonerate the applicant, contractor or any other relevant party from complying with all permitting
requirements as may be applicable for deposition of the removed soil onto other land. Soil and material
removed from the site shall not be deposited on any open or undeveloped land outside officially
approved development zones, nor used for land reclamation, unless with prior approval in writing by the
Environment Protection Directorate.
Contaminated soils are to be managed/disposed of in accordance with the legal provisions laid down in
L.N. 337/2001 Waste Management (Permit & Control) Regulations and L.N. 168/2002 Waste Management
(Landfill) Regulations.
B) Substrate below soil profile
Inert waste material rock resulting from excavations or from demolition may be reused as fill material or
shall be deposited at facilities permitted by MEPA and in accordance with the legal provisions laid down
in L.N. 337/2001 Waste Management (Permit & Control) Regulations and L.N. 106/2007 Waste
Management (Activity Registration) Regulations.
C) Waste
All operations concerning the management of waste are subject to the legal provisions of L.N. 337/2001
Waste Management (Permit & Control) Regulations and L.N. 106/2007 Waste Management (Activity
Registration) Regulations.
5.4 Environmental monitoring activity for the theme of soil
Malta’s process towards EU accession and alignment to the acquis, led to the first systematic soil survey
of the Maltese Islands initiated by the then National Soil Unit.
The development of a Soil Information System for the Maltese Islands: MALSIS LIFE 00 TCY/M/036,
proved to be a major turning point in establishing a wealth of soil information and equipping Malta’s
public sector with the technical expertise to describe, assess, monitor and manage soils in a sustainable
way.
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This project was launched in March 2002 by the then Ministry for Agriculture and Fisheries and was
completed in February 2004.
The MALSIS project comprised three stages of soil survey and soil resource management:
a) the first stage consisted of a national grid-based inventory of the soil resources at 1km intervals,
totalling approximately 280 sites in Malta, Gozo and Comino.
b) the second stage was designed to characterise the small-scale variability of important soil
properties and limitations within the Maltese landscape and to provide a basis for estimating the
uncertainty associated with the measurements of soil properties at any specific point.
c) the final stage was to identify vulnerable sites following data gathering and monitoring.
Data collected in the MALSIS database covers soil features of Maltese Islands based on :
-
Soil type;
-
Bulk Density in gcm ;
Texture (Clay, Sand, Silt %);
-
CEC in cmol+kg ;
-
CaCO3 ingkg ;
-
Electrical conductivity in μScm ;
Organic Carbon in gkg;
Soil Contamination;
Land Use
-3
-1
-1
-1
At the moment, further data is not available.
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6 Soil contamination: towards a common framework for a risk based
contaminated sites management
Obviously, contaminated land management addresses mainly problems from the past. This finding
should lead to a strong policy for prevention of new contamination within the general framework of soil
protection which addresses all threats to soil.
Therefore, after a thorough development process and on the bases of the results produced by the five
Technical Working Groups (TWG) set up under this process, the European Commission adopted a Soil
Thematic Strategy which proposed a framework Directive as the best means of ensuring a comprehensive
approach to soil protection whilst fully respecting subsidiarity.
In the field of the subject matter, the general approach for discussion of soil contamination makes a
distinction between source-oriented soil protection and contaminated land management: source-oriented soil
protection is aimed to prevent (further) contamination of the soil, while contaminated land management
deals with the clean-up, remediation and reuse of soil which is already contaminated, often as a result of
past activities.
Moving within this general framework, the task groups (Local sources, Diffuse inputs, Contaminated
land management), of TWG on “Contamination and land management” highlighted several some key
recommendations, as well as the following:20
-
-
-
-
-
A commonly recognised list of potentially soil polluting activities from industry, waste deposits, and
extractive industries needs to be drawn up and a distinction shall be drawn between those activities
that shall be subject to EU policy and those that shall be subject to national policy regimes;
In view of the enormous costs generated in the case of soil remediation, environmental liability needs
to be strengthened. The Task Group recommends a regime of obligatory financial security, or
insurances depending on the size and type of activity and the efficiency of implemented preventive
measures;
Implementation of an obligatory soil assessment at the start and closure of potentially soil polluting
activities;
Prevention of soil pollution from potentially soil polluting activities needs “tailor made”
prescriptions and should be based on sector-specific or activity specific precautionary measures. At
EU level the Task Group considers IPPC BREF documents as the most suitable level to integrate soil
protection measures in a sensitive way;
Specification of (ultimate) long-term goals and (proximate) short-term goals. The long-term goal is
related to sustainable land use and protection of natural resources. Balancing diffuse inputs with
acceptable outputs of the soil and groundwater system in order to prevent a decline of soil functions
seems to be the most appropriate long-term goal, whereas short-term goals can be based on the
current risks of the contamination as related to land uses and functions and the bioavailability of the
contaminants. Moderate surplus of diffuse inputs could be acceptable if the long-term goal is not
endangered. The interaction between short-term and long-term goals need a thorough consideration,
especially in relation to land use changes and cross-cutting issues like sustainable agriculture, midterm beneficial aspects of certain soil management practices and climate change. Therefore function
related soil quality definitions and investigations on critical concentrations of (potential)
contaminants are an important prerequisite and reference for addressing GAP related to land
management;
Every Member States should work out national or regional action plans for contaminated land
management;
20 Van-Camp. L., Bujarrabal, B., Gentile, A-R., Jones, R.J.A., Montanarella, L., Olazabal, C. and Selvaradjou, S-K. (2004). Reports of
the Technical Working Groups Established under the Thematic Strategy for Soil Protection. EUR 21319 EN/4, 872 pp. Office for
Official Publications of the European Communities, Luxembourg. Volume IV – Contamination and Land Management.
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-
Contaminated land policy comprises both soil and groundwater contamination. We need an
integrated approach to soil and water;
Water-soil interaction is very important for dealing with sediment problems. Sediments should be
included in soil strategy;
Create an incentive to the harmonisation process for risk assessment;
Promote the use of the risk based land management RBLM concept to manage historically
contaminated sites in an efficient and sustainable way.
This TWG claims that management of contaminated land must follow the concept of Risk Based Land
Management applied on a case by case approach: when a problem of new soil contamination is found
immediate action is required. In this framework, risk assessment of contaminated sites is a major component
of risk based land management: the management of contamination problems starts in fact from the
assessment of related risks.
Nevertheless, by analysing the approaches to prevent or remediate soil contamination adopted in many
areas of Europe, the TWG notices that there is no such a thing as “universal risk assessment”.
In fact, if such important common questions as “How to assess the risk of a local activity, an agricultural
practice, or a contaminated site?” can be labelled as “risk assessment”, the way these questions should be
answered can be very different. For local sources the risk to be assessed is associated with certain
activities and technological failures. The probability of a spill or leakage of a hazardous substance in soil
and groundwater is the central question in the assessment. For agriculture the risk should be related to
accumulation of persistent contaminants and to leaching rates of nutrients and pollutants to groundwater
and surface water. In contaminated land management risk assessment is related to exposure of man and
the ecosystem, in other words the impact of the contamination is assessed. Therefore, contaminated land
risk assessment should not be confounded with other forms of risk assessment like Environmental impact
assessment, risk assessment before introducing new chemicals on the market and assessments of the risk
of failure of certain technologies.
As a result, to the word “contaminated site” can be given various interpretations.
Different Member States use different definitions based on the different threats perceived in the different
countries and based on policy options chosen (such as a multifunctional versus risk based approach). A
definition may also depend on what it is used for.
So, on the one hand, there is a need for identification and registration of “contaminated sites”, while, on
the other hand, there is a need to have a common basis to know when and where action is needed on the
basis of the current or expected use of the site.
The TWG bears the following reasons for some harmonization:
−
−
−
Robustness and confidence. More comparable approaches and outcomes of risk assessment will make
the discipline stronger and more easily accepted as a tool for decision making, even though
uncertainties, as in any scientific decision, will remain.
User friendliness. Public authorities, local and central, would feel more comfortable if some guidelines
on harmonized approaches at the EU level existed. Allowing for flexibility, of course, but guiding
over flexible choices. Public authorities do not generally have the required skill and scientific
expertise, especially at the local level, in order to be able to make all choices on their own.
Protection levels comparability. Persistence of large differences in risk assessment outcomes may
generate the opinion that large differences in environmental and health protection levels exist in
different countries. Harmonization of risk "endpoints" (i.e. ADI, cancer risk levels and ecotox risk
limits) would avoid this perception.
As a rule, risk assessment could be applied everywhere. On one side, is can be used to decide whether
action is required at a location. On the other hand, it is a useful way to assess the problem if a site is
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contaminated. It may generate information on the most relevant exposure pathways of a contamination
and on the most relevant risks.
This information is essential to work out a management plan for a site.
For historical pollution site specific risk based solutions are allowed that leave some pollution in the soil (e.g.
by setting fit for use clean-up goals over background level and considering local conditions over semigeneric screening values).
Moreover, there is a strong need for harmonised analysis and sampling procedures.
If not enough political agreement can be found to achieve this in a short term, effort should be put in
attaining common performance standards such as accuracy and precision of the processes.
Sampling and analysing have to be oriented as much as possible to the objective of the monitoring:
whether one is interested in concentrations or in possible effects may have a strong influence on the kind
of analyses that have to be carried out. There is a strong wish for riskoriented sampling/analyses to get a
better understanding of the possible effects of a contamination, rather than getting an idea about
concentrations of a certain substance, without any notion of possible risks and without any notion of the
potential effect of a cocktail of hazardous substances.
The research should also focused on giving better estimations of transfer of contaminants to possible
receptors via the different transfer routes.
While the idea of a unique risk assessment model for soil contamination is generally not supported, there
is a large convergence for the development of a common framework and a tool box, comprising a set of
models and common data bases.
Much research has been carried out on the issue, but little has been done to really co-ordinate the
concepts. Some scientific elements relevant to risk assessment should be harmonized (e.g. stepwise and
scientifically coherent decisional procedure, tox/ecotox/chem. contaminant properties) while others
should be optionally selected from jointly developed “toolboxes”(e.g. sampling/analytical procedures,
fate&transport models), in order to allow for site-specific and regional variability.
It is also clear the need to harmonize the acceptable human health risk level (e.g. excess lifetime tolerable
cancer risk) because differences are hard to explain to the public.
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Findings
7 Assessment of legal compliance
Malta must adhere to the EU regulations and multilateral agreement addressing soil conservation and
monitoring system concerned, as mentioned briefly in the section of this report.
So, until the authorities of Malta does not take over the main provisions concerned, the strategy that we
are developing will refer to the Italian regulatory framework.
8 Assessment of available data
A basic requirement for any well-established study on the environment that also requires the use of
modern, state-of-the-art technologies and models is the understanding and the detailed analysis of the
present state of the art in the field of soil protection, monitoring and management, with special reference,
to erosion, decline in organic matter, salinisation, compaction and landslides. In the following, different
aspects on each thematic are described. Other information refers to Maltese’s bibliographic or network
data.
Geology
The Maltese Islands are for the most part composed of marine sedimentary rocks. Although the
sedimentary platform on which the Maltese Islands are situated was formed during the Triassic, there are
no surface outcrops of this age. All exposed rocks were deposited during the Oligocene and Miocene
periods of geological time dating back to some 30 to 35 million years ago. The most recent deposits are
the quaternary deposits which are found in minor quantities and are of terrestrial origin.
Hydrology
The islands natural water resources depend entirely on rainwater percolating through the porous
limestone rock and accumulating in aquifers from where it either seeps out or is pumped by man. It has
been estimated that between 16% and 25% of the annual rainfall infiltrates to recharge the aquifers
(Morris, 1952; Newbery, 1968; Chetcuti, 1988; Chetcuti et al., 1992). The largest aquifer is the Main Sea
Level Aquifer which consists of a lens of freshwater floating on denser saline water in limestone rock at
sea level. The other aquifers of importance are the Perched Aquifers, which consist of rainwater trapped
in the permeable Upper Coralline Limestone due to the underlying layer of impermeable Blue Clay.
Natural water resources are scarce in the Maltese islands. Malta has no rivers, the average rainfall is very
low, especially in summer, and Malta has neither any surface waters nor extensive underground water
resources to rely upon.
Ecosystem and use of Soil
Descriptions of Maltese ecosystems have been given by Haslam (1969), Lanfranco (1984), Lanfranco and
Schembri(1986) and Anderson and Schembri (1989). Schembri (1991, 1992) provides a systematic
classification:
-
Woodland
Maquis
Garigue
Steppic
Coastal communities
Rupestral communities
Caves
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Soil Type Structure
The MALSIS database classifies the soil according to the World Reference Base for Soil Resources (WRB).
The MALSIS grid survey has identified 19 soil units, from 7 soil reference groups (Leptosols, Arenosols,
Vertisols, Calcisols, Luvisols, Regosols and Cambisols) according to the WRB soil classification system .
Erosion
Under natural conditions soils are easily prone to erosion in a climatic regime of a long dry summers and
a wet season in which rain frequently falls in heavy showers. The actual field situation in Malta gives rise
to most erosion in marginal areas, where the retaining stone walls are in a state of disrepair. The
phenomenon of soil erosion constitutes a major ongoing problem throughout the whole Maltese
countryside, especially in steep valleys.
Diffuse Contamination
Soil analyses are needed to assess the risks of contamination on a one-off basis or in relation to longterm management plans. In both cases monitoring will be specific for the site and of limited
representation, unless there is a larger number of similar sites. The monitoring of contaminated land
should have the objectives to gather data on the quality of soil according to risk based principles, i.e. land
use, fitness and protection of resources so as to identify where action is needed and furthermore assess
the efficiency of the actions undertaken and of the effectiveness of policy in place.
The principal human activities that determinate land contamination are:
- Landfills
- Waste treatment
- Farming and Agro-zootechinacal activities
- Risk incident
- Storage Oil Deposit and Petrol Stations
- Industry
- Quarries and Mines
Biodiversity
Malta has been a Party to the United Nations (UN) Convention on Biological Diversity (CBD) since 29
December 2000. As a Party to the CBD, Malta is required to contribute to the achievement of the
Convention‘s three objectives at a national level. These three objectives which underpin the principles of
sustainable development are: the conservation of biological diversity, the sustainable use of its
components and the fair and equitable sharing of the benefits arising out of the utilisation of genetic
resources.
Sensitive areas important for biodiversity have been identified and are essentially mapped, being either
designated or scheduled areas under the EPA and the Development Planning Act (DPA), respectively [or
under both Acts as in the case of Special Areas of Conservation (SAC)] Habitat mapping has been carried
out since 1995, leading to an inventory of areas of ecological importance (AEIs) and sites of scientific
importance (SSIs).
The process for developing Malta‘s National Biodiversity Strategy and Action Plan (NBSAP) is still
ongoing.
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Corine Land Cover
Finally, to evaluate the soil use will be analyze the Corine land cover 2006, an European Project that it
identify the soil use in a standard CLC nomenclature with 44 land cover classes. These are grouped in a
three-level hierarchy.
-
artificial surfaces,
agricultural areas,
forests and semi-natural areas,
wetlands,
water bodies
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