Promoting the sustainable use of soil

Soil is a key natural resource which performs many important functions in our society. In recent years it has become an issue of increasing concern for the European Commission, which claims that the cost of soil degradation is between Euro 7 and 38 billion.  The draft Soil Framework Directive, issued in 2006 but still blocked by the Council of Ministers, remains a controversial topic, leaving the management of soil to be carried out in a very fragmented way.

On November 14th 2007, the European Parliament voted in favour of a Soil Framework Directive (SFD).   The figures released to evaluate the costs of soil remediation were indeed alarming. However, it has not been possible to get undisputed figures for the costs incurred by the SFD as such. The situation - in which only nine Members States have specific legislation on soil protection - has not yet changed dramatically. The European Commission estimates that there are 3.5 million contaminated sites in the EU. However, it has continued to maintain a fragmented protection policy which paved the way for distorted competition between states, depending on the level of the environmental protection.

Cefic position on the legislation on soil usage

Cefic considers that the current ambiguity of the SFD does not facilitate environmental protection or encourage business stakeholders to take their share of the responsibility. In the draft, soil contamination is over-emphasised, neglecting other soil degradation processes like erosion, compaction, salinisation, decline in biodiversity, landslides and loss of organic matter. In light of this, the responsibility placed on the industry appears unfair and not in proportion, considering the whole scope of the Directive.

For the European chemical industry, the sustainable use and management of soil remains a priority. Soil is a resource to be protected and so a proper management tool must be established, taking into consideration different local aspects and avoiding a conflict with existing laws and national contaminated land use permitting processes.

Cefic contribution to a sustainable soil strategy

In response to the proposed legislation on soil, Cefic has offered a series of suggestions on how the draft could be improved. 

It has suggested having the subsidiarity and proportionality principles as the guiding principles of EU soil legislation. In particular, it recommends treating soil contamination in the same way as other degradation processes, introducing a clear definition of remediation and ensuring a risk-based approach for the identification of soil contamination and remediation that is consistent with the land use. Cefic recommends avoiding an overly prescriptive procedure for the identification, investigation and assessment of contaminated areas.

Next steps

Cefic would like to see truly environmentally beneficial soil protection delivered under a framework that is risk-based. The chemical industry looks forward to reviewing the new compromise proposal, which is due to be delivered in the second half of 2010.