2. Regional status of soil pollution:
Europe
M. Van Liedekerke, J. Masson, A. Paya Perez, A. Jones, V.
Geissen, R. Baritz, E. Havlicek, V. Silva, X. Yang
Disclaimer: Neither the European Commission nor any person acting on its behalf may be held
responsible for the use to which information contained in this presentation may be put, nor for any
errors which may appear despite careful preparation and checking. The presentation does not
necessarily reflect the view of the position of the European Union.
3. Assessments of soil pollution in Europe
EU Soil Thematic Strategy (2006)
Soil threats
monitoring through indicators
Socio-economic aspects
State of the Environment Report
(SOER 2010, 2015, 2020)
State and Trends in soil
pollution
4. How Europe addresses soil pollution?
Legal frameworks
The Soil Thematic Strategy (2006) is
still alive
Resource Efficiency Roadmap « by
2020 EU policies take into account their
direct and indirect impact on land use in
the EU and globally… »
The Commission is further developing the
scientific knowledge-base (…) leading to
a Communication on land use.
7th EAP provisions on land and soil
protection (2014-2020)
Rio+20 Outcome Document 'The
Future We Want' (2013) EU will
strive to achieve a land degradation
neutral world in the context of
sustainable development.
5. How EU adresses soil pollution?
Water Framework
Directive
Groundwater
Directive
Environmental
Liability Directive
Landfill
Directive
Strategy Urban
Environments
IPPC/IED
Directives
REACH
Waste Framework
Directive
INSPIRE
Strategy on waste
prevention and
recycling
EU laws do not
address all the
soil threats in a
comprehensive
way and not all
Member States
have specific
legislation on
soil protection.
European Soil
Related
Legislation
6. Legal framework on soil pollution
Collaborative web
platform “Soil
Wiki”: provides an
inventory of soil-
relevant policies in
the 28 EU Member
States and its
Regions
https://webgate.ec.europ
a.eu/fpfis/wikis/display/S
OIL/Home
7.
8. Legal framework. European level
Does not provide
mandatory requirements
to address soil pollution.
Little information related
to types of pollutants or
threshold values is
present in the soil related
EU legislation (25%);
mainly related to water
bodies
Mercury
Regulation
Groundwater
Directive
National
Emission
Ceiling
Directive
Basis for the
inventory of
contaminated
sites
9. EU Legal vacuum is evidenced by
the presence of more than 200
national and regional legal tools
that address soil pollution.
National implementation of EU
directives significant
differences between Member
States.
24% of the countries address soil
pollution through the
implementation of the Water
Framework and Landfill
Directives
Up to 40 national legal tools are
adopting the Thematic Strategy
for Soil Protection goals.
Legal framework. National level
Source: information provided in the Soil-Wiki
platform
10. Lithuania:
concentration in
the target area
before the start
of planned
activities
Belgium: Values
above ambient
concentrations
of a pollutant in
the soil
Background
concentration
Belgium:
applies to all
activities,
economic or
not, except
housing
Slovakia:
abandoned
industrial sites,
where
contamination
of groundwater
and soil is
usually present.
Brownfields
Latvia:
utilisation of
soil,
subterranean
depths, water,
air,
installations or
buildings and
other
stationary
facilities that
may result in
environmental
pollution or
risk of
accidents
Polluting
activities
Slovakia,
Lithuania,
Luxembourg
and Serbia:
human activities
as the trigger
Germany: any
impairment of
soil functions
Soil pollution
Belgium, Croatia,
Serbia, Slovakia,
Sweden and
Switzerland: where
confirmed presence
of hazardous and
substances caused
by human activity
in concentrations
that may cause a
significant risk to
human health and
the environment
Soil
contamination
Differences in concepts and definitions
concentration
of substances
in the soil
under natural
conditions or
conditions
with very
little human
influence.
as a property,
which
expansion,
redevelopment,
or reuse may be
complicated by
the presence or
potential
presence of a
hazardous
substance.
included
those
installations
covered by
the IPPC or
the Seveso II
Directives.
the
presence of
a chemical
or
substance
that has
adverse
effects.
Soil
contamination is
not necessarily
causing harm
11. Networking and knowledge sharing
SOIL AND HEALTH
• HERACLES – Human and ecological risk assessment
for contaminated land (2004-2007)
• COST Action – Industrial Contaminated Sites and
Health
EIONET NRC Soil (39 European Countries represented)
• Indicator "Progress in the management of
contaminated sites in Europe" (2014, 2018)
• Best practices- remediated sites and brownfields
success stories in Europe (2016, 2017)
• Emerging pollutants
12. MONITORING DIFFUSE SOIL
POLLUTION
LUCAS SOIL – land use/land
cover changes in Europe
• Phys-chem, SOC, Heavy
metals, pesticides,
biodiversity
SUBSTANCES OF CONCERN
• Pesticides risk (EUROSTAT
2017), Soil ecological risk
(HAIR and FOOTPRINT)
• Phosphorous and Nitrogen
Indicators (EUROSTAT,
EEA)
• Emerging pollutants
Copper distribution in European topsoils: An assessment based on LUCAS
soil survey. C. Ballabio et al Science of The Total Environment, Volume 636, 2018,
282–298 (2018)
13. Challenges
• Variability in legislative frameworks across
countries,
• variability terminology
• inventory vs register,
• contamination vs pollution
• methodology (e.g. prioritisation, liability,…).
• budget
Editor's Notes
A number of other EU policies have significantly contributed to the protection of soil despite this is not their main purpose.
Prevention of soil contamination has strong links with environmental protection policies for water and air, as the Water Framework Directive, Habitats and Birds Directives and Environmental Impact Assessment Directive, among others.
Policies regulating chemical substances use and controlling their emissions to the environment has also a strong impact on soil contamination prevention, a clear example are the Directives on Nitrates, Pesticides, Industrial Emissions, or the Waste Framework Directive. It has also strong links with policies concerning certain land uses, for instance agriculture.
However, none of all these instruments proposes mandatory requirements for addressing soil contamination, and its approach is dependent on Member States’ willingness to implement legislation.
In addition, little information has been defined related to types of pollutants or threshold values at EU level, being present only in 25% of the EU Directives analysed. When threshold values are included, they are mainly related to water bodies.
Six of the European Directives contemplate the creation of national inventories. But the inventories proposed by the Mercury Regulation, Groundwater Directive, and National Emission Ceiling Directive are strongly related or can act as the basis for the inventory of contaminated sites suggested in the STS.
Due to the lack of a European legal framework that encompasses all these regulations, countries operate along national policies. That legal vacuum is evidenced by the permanence of more than 200 national and regional legal tools that explicitly address soil contamination, many of them not linked with any EU policy.
Other 85 national legal instruments address soil contamination in an indirect way.
Generally, all these regulations aim to prevent harmful changes in the soil and the rehabilitation of contaminated soils and groundwater, which is in many cases considered as part of the soil system or to be intimately related to it.
Many countries have developed national plans or codes that implement at the same time multiple EU Directives in order to facilitate the applications of these laws. The most relevant examples are the Environmental Code of France, which implements 17 EU instruments, the Swedish Environmental Code that implements twelve EU Directives, or the proposal of a Dutch Environmental and Planning Act, that in case of approval shall adopt twenty EU legal instruments.
After a deep analysis of those national policies that address soil contamination, some differences in relevant concepts have been detected between countries. These differences must be agreed in future meetings and panel of experts, in order to formulate comprehensive and harmonized concepts.
Once agreed the basic definitions and harmonised information capture, the development of a legal framework on soil protection in Europe shall be more achievable.
The background concentrations corresponds to the concentration of substances in the soil under natural conditions or conditions with very little human influence.
However, Lithuanian and Walloon legislation consider that this concentration might be influenced by previous human activity.
The term Brownfields was firstly defined by the US Environmental Protection Agency as a property, which expansion, redevelopment, or reuse may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. This concept is used in the Thematic Strategy for Soil Protection, but a clear definition has not yet been stablished in Europe.
Some nuances have been adopted by countries in this case. For example, in Wallonia (Belgium) brownfield applies to all activities, economic or not, except housing, whilst in Slovakia it refers to abandoned industrial sites, where contamination of groundwater and soil is usually present.
The list of polluting activities, as was defined in the proposal of a Soil Framework Directive, included those installations covered by the IPPC or the Seveso II Directives.
However, in Latvia, the utilization of soil, water and air, by any installations that may result in environmental pollution or risk of accidents are considered as polluting activities, having a wider concept in this country.
As I had already define Soil pollution refers to the presence of a chemical or substance that has adverse effects.
In Flanders (Belgium), Slovakia, Lithuania, Luxembourg and Serbia, human activity is considered as the trigger of this presence. In Germany, soil pollution is any impairment of the soil functions.
And Soil contamination is not necessarily causing harm. However, this recent definition contrasts with the ones already existing in national policies. Generally, a contaminated soil is this with confirmed presence of hazardous and dangerous substances caused by human activity in concentrations that may cause a significant risk to human health and the environment. Thus, is reflected in the legislation of Belgium, Croatia, Serbia, Slovakia, Sweden and Switzerland, among others.