The Protection of Soil: Does the European Union Live Up to Its Own Ambitions?

Abstract

The European Union boasts a rather comprehensive set of environmental protection rules. However, despite various soil degradation issues in Europe, the environmental acquis does not contain a dedicated legal act on soil protection. The Commission in 2006 published a proposal for a Soil Framework Directive to close this gap, but finally withdrew this proposal in 2014 in the face of a political impasse due to lasting objections of some Member States. In this article, the authors show that, on the one hand, there are quite a few provisions in the current European environmental protection legislation that partially contribute to soil protection. On the other hand, these rules are either not ambitious (e.g. in the environmental aspects of the Common Agricultural Policy and in product standard rules), or cover only certain sectors or activities (e.g. in the industrial emissions or waste management legislation). The failed proposal for a Soil Framework Directive could have provided for a harmonization of standards for the assessment of soil degradation. It envisaged a comprehensive diagnosis of soil degradation and of contaminated sites at Member State level and to set a timetable for appropriate responses. Today, the idea of a common approach to preserve Europe’s soil resources is taken forward on the background of the EU’s 7th Environmental Action Programme and the 2030 Agenda for Sustainable Development.