A REVIEW OF THE ACQUIS WITH REGARD TO

POLLUTION PREVENTION ANDSOIL PROTECTION

Tamás HÁMOR

Contaminated Lands in Accession Countries: Benchmarking Historical Heritage and National Actions

Szentendre, Nov. 17-18, 2003

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“The Council invites the Commission to study the overall coherence of Community environmental legislation … , the interlinkage between the environmental media.”/Council Resolution of 7 October 1997/

OBJECTIVES

?to serve the development of a thematic soil strategy

?to support the Technical Working Group on Soil Contamination and other soil-related legislative efforts of the European Commission.

COMPETING or COMPLEMENTARY EU POLICIES ?

agriculture

nature conservation

water

environment protection

regional development

SOIL

energy

mining

waste

chemicals

industry

CHAPTERS OF ACQUIS01. General, financial and institutional matters02. Customs Union and free movement of goods03. Agriculture03. Agriculture04. Fisheries05. Freedom of movement for workers and social policy06. Right of establishment and freedom to provide services07. Transport policy08. Competition policy09. Taxation10. Economic and monetary policy and free movement of capital11. External relations12. Energy13. Industrial policy and internal market13. Industrial policy and internal market14. Regional policy and coordination of structural 14. Regional policy and coordination of structural instrumentsinstruments15. Environment, consumers and health protection15. Environment, consumers and health protection16. Science, information, education and culture17. Law relating to undertakings18. Common Foreign and Security Policy19. Area of freedom, security and justice20. People's Europe

THE TREATYArt. 32 agricultural products: the products of the soilArt. 33 objective of CAP: ensuring the rational development of agricultural production and the optimum utilisation of the factors of production. ... account shall be taken of … natural disparities between the various agricultural regionsArt. 36 Council may authorise the granting of aid for the protection of enterprises handicapped by … natural conditionsArt. 44 to attain freedom of establishment of a particular activity ... enabling a national of one MS to acquire and use land situated in the territory of another, in so far this does not conflict with CAPArt. 174 policy on environment contributes to ... prudent and rational utilisation of natural resources. ... taking into account the diversity of situations in the various regions. ... based on the precautionary principle and on the principles that preventive action should be taken ... environmental damage should as a priority be rectified at source ... the polluter should pay. The Community shall take account of ... the environmental conditions in the various regions; and the balanced development of its regions.Art. 175 Council adopts measures affecting town and country planning,

and land use

AGRICULTURERegulation 445/2002/EC ... on support for rural development from the European Agricultural Guidance and Guarantee Fund:

?agriculture is the largest land user

?support agri-environment, less-favoured areas, sustainable farming systems, afforestation of agriculture land, ecological stability of forests

?maintain natural resources, soil & genetic diversity, landscape

CAP reform issues incl.:?soil erosion, organic matter, soil structure

DANGEROUS SUBSTANCES67/548/EEC (detailed criteria to be elaborated later):5.2.2.Non-aquatic environmentR54Toxic to flora, R55Toxic to fauna, R56Toxic to soil organismsR58 May cause long-term adverse effects in the environment+adsorption/desorption batch method for soil, incl. sampling protocol, preparation & analytical techniques

1488/94/EC, 93/67/EEC, 793/93/EEC, 91/414/EEC exposure & risk assessment:•stability, spread, mobility, multiplication, persistence in soil,•toxicity to terrestrial and soil dwelling organisms•effects on soil non-target micro- & macro-organisms•fate & behaviour in soil (rate & route of degradation,adsorption, desorption, mobility in at least three soil types)

REGIONAL POLICY & COORDINATION OF STRUCTURAL INSTRUMENTS

Regulation 1783/1999/EC ... on the European Regional Development Fund is to finance:renewal of depressed urban areas, revitalisation of rural areas,protection of natural heritage & the environment

Regulation 16/2003/EC ... as regards eligibility of expenditure in the context of measures part-financed by the Cohesion Fund:

expenditure on site preparation is eligible!

Directive 89/106/EEC on ... construction products:construction work designed and built in a way that it won’t be a threat to the health of the occupants/neighbours, in particular as a result of pollution or poisoning of the water or soil

+ „fit for use” concept !

ENVIRONMENT, HORIZONTALDirective 85/337/EEC on the assessment of the effects of certainpublic and private projects on the environment: when locating projects environmental sensitivity of geographical areas must be considered, in particular: existing land use, relative abundance, quality and regenerative capacity of natural resources, absorption capacity of the natural environment(wetlands, coastal zones, mountain and forest areas, nature reserves, landscapes)

Draft Directive ... on environmental liability with regard to the prevention and remedying of environmental damage: defines terms e.g. „baseline condition”„damage” „natural resource” „soil and subsoil contamination”„recovered”„restored”

ENVIRONMENT, HORIZONTAL

Decision 2001/688/EC establishing ecological criteria for ... eco-label to soil improvers and growing media:limit values for hazardous substances and nutrients (N, P, K)

Decision 2002/272/EC establishing the ecological criteria for ...eco-label to hard floor-coverings:soil protection/land capability classification (I-VIII soil classes)

Council Framework Decision 2003/80/JHA on the protection of theenvironment through criminal law:unlawful discharges, emissions, disposals of hazardous substances, waste, ionising radiation which causes substantial damage toquality of soil ? qualified as intentional offences

CONSERVATION OF WILD FLORA & FAUNA

Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora: habitats incl. terrestrial or aquatic areas distinguished by geographic, abiotic, biotic features?designation of special areas of conservation: lands with soil cover (sand dunes, coasts, grasslands, heath, scrub, forests, bogs,fens, mudflats)?land use planning

Regulation 2494/2000/EC on measures to promote conservation and sustainable management of tropical forests and other forests in developing countries:•prevention of soil erosion•land use planning

WATER PROTECTION & MANAGEMENT

Water Framework Directive 2000/60/EC? framework which prevents further deterioration and enhances the status of aquatic ecosystems, ... terrestrial ecosystems and wetlands directly depending on the aquatic ecosystemsriver basin management plan:?characterization of surface and ground waters (ecoregions, catchment geology, pedology, hydrology, land use patterns)?register of protected areas ?monitor chemical and quantitative status of groundwater ?combined approach for point and diffuse source pollution

Decision 2455/2001/EC ... establishing the list of priority substances in the field of water policy ...:?Annex X to WFD, combined monitoring-based and modelling-

based priority setting scheme

Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances:direct & indirect discharge of substances in lists I, II:introduction into groundwater without or with percolation through the ground or subsoil

Directive 91/676/EEC concerning the protection of waters againstpollution caused by nitrates from agricultural sources:?code of good agricultural practice (soil conditions, fertilizer

plan, irrigation, land use management plan)?designate vulnerable zones?monitoring programme, nitrogen contributions

+ Decision 2850/2000/EC ... accidental or deliberate marine pollution

WATER PROTECTION & MANAGEMENT

ATMOSPHERIC POLLUTION

Regulation 1091/94/EEC ... on the protection of the Community'sforests against atmospheric pollution:?surveillance of the forest ecosystems (inventory of soil condition, deposition rates), in Annexes details for the soilsampling, analytics, and reporting categories

Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants:limit emissions of pollutants and ozone precursors (SO2, NOx, VOC, NH3) against acidification, soil eutrophication and ground-level ozone

INDUSTRIAL RISK

Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (military, radioactive, transport, mining, land-fills excluded):

land use planning a major tool ? areas of particular natural sensitivity or interest to be concerned

Annex VI Criteria for the notification to the Commission of major accidents:?damage to real estate?permanent or long-term damage to terrestrial habitats,?? 10 hectares of widespread habitat, incl. agricultural land,?significant damage to an aquifer or underground water

INDUSTRIAL RISKDirective 96/61/EC concerning integrated pollution prevention and control, in Preamble:„different approaches to controlling emissions into the air, water or soil separately may encourage the shifting of pollution between the various environmental media”?measures upon cessation of activities to avoid pollution risk and return the site of operation to a satisfactory state?conditions of the site ?nature and quantities of emissions into each medium?indicative lists of main polluting substances: for air & water, not?list of industrial activities in scope for soil !

+ Decision 2000/479/EC on the implementation of a European pollutant emission register (EPER) !!!

Directive 75/442/EEC on waste: excluded: radioactive, mining, water, gaseous, some agri etc. wastes

disposal operations include:•deposit into or onto land (e.g. landfill)•land treatment (biodegradation of discards in soils)•deep injection (injection of pumpable discards into wells, etc.)•surface impoundment (liquid or sludgy discards into pits, ponds)•specially engineered landfill (placement into lined discrete cells)•release into seas/oceans including sea-bed insertion•incineration on land•permanent storage (e.g. emplacement of containers in a mine)

among recovery operations:land treatment resulting in benefit to agriculture or ecological improvement

WASTE MANAGEMENT

WASTE MANAGEMENTDecision 2001/118/EC amending Decision 2000/532/EC as regards the list of wastes (European Waste Catalogue) :•*soil and stones containing dangerous substances•*solid wastes from soil remediation containing dangerous substances•*sludges from soil remediation containing dangerous substances•soil and stones (as garden & park wastes, incl. cemetery waste)

Regulation 2150/2002/EC on waste statistics:?soils contaminated by radioactivity?waste of naturally occurring minerals?soil and stones, soil from cleaning and washing beet?contaminated soils and polluted dredging spoils?polluted soils and rubble

WASTE MANAGEMENTDirective 1999/31/EC on the landfill of waste:?complex approach (surface & groundwaters, soil, geology)?multibarrier concept (natural & engineered)?monitoring provisions

Directive 86/278/EEC on the protection ... in particular of the soil, when sewage sludge is used in agriculture: in Annex:•concentrations of heavy metals in sludge •maximum annual quantities of heavy metals into soil •concentrations of heavy metals in soil to which sludge is applied

Draft Directive on the management of waste from the extractive industries: prevention of water and soil pollution through leachate treatment and limiting cyanide conc. in tailings ponds

in general, not a public domain but a private-owned natural resource

DISCUSSION WHY SO DIFFERENT ?

most multiple functions for human society & biota

direct physical-chemical contact to all other

environmental media

§§NUMEROUS CONFLICT FIELDSNUMEROUS CONFLICT FIELDS

DISCUSSION - TERMINOLOGY

DISCUSSION -WHAT IS AVAILABLE

Directly on soil:? sampling manual? preparation, analytical techs.? monitoring protocols? risk assessment techniques? classification system? reporting categories? inventory of soil conditions? limit values (heavy metals, hazardous substances, nutrients)

In other context:? terminology ? pollution sources list? emission limits? priority substances? monitoring? combined catchment

approach? liability draft

DISCUSSION -WHAT IS NEEDED

? principles of land use planning (+natural resources management)

? complete coverage of polluting industries

? liability & property right provisions

„plastic surgery” legislation on soil

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EUROPEAN COMMISSION DIRECTORATE-GENERAL JOINT RESEARCH CENTRE Institute for Environment and Sustainability Soil and Waste Unit

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A MAPPING OF THE EUROPEAN

UNION COMMUNITY LEGISLATION

WITH REGARD TO PROVISIONS ON

SOIL

Tamás Hámor

THANKS FOR THANKS FOR YOUR ATTENTIONYOUR ATTENTION !!

http://viso.ei.jrc.it/contaminated_lands/index.html