The EU Council and the European Parliament have reached an informal political agreement to improve soil resilience and manage contamination risks across the bloc under the long-awaited soil monitoring law. However, despite welcoming the deal, some NGOs are criticizing the “weak” ambition and the lack of legal targets and soil health plans. 

Over 60-70% of EU soil is not in good condition, even though healthy soil forms the base of 95% of the food consumed globally. The European Commission notes that the region loses €50 billion (US$56.7 billion) annually in the EU due to soil degradation.

“With the agreement, we established the first-ever EU framework on assessing and monitoring soils across Europe. It is high time for action. Healthy and resilient soil is key to ensuring safe and nutritious food and cleaner water for the generations to come,” says Paulina Hennig-Kloska, Polish Minister for Climate and Environment.

The directive maintains the non-binding goal of achieving healthy soils by 2050, enhancing regional food security.

Member states will first monitor and assess the health of all EU soils so that authorities can implement relevant prevention measures and tackle soil degradation.

The Council and the Parliament have highlighted the need for a strong and applicable monitoring framework with comparable data. EU countries will determine sampling points for monitoring using a common methodology.

The provisional agreement retains the concept of common soil descriptors (physical, chemical, and biological parameters) as mentioned in the initial proposal. It introduces classes to denote soil health based on the sustainable target values at the EU level.

The new regulation will also establish mitigation principles on land take, focusing on the visible aspects of soil sealing and removal. Member states will factor in these principles, but national decisions on spatial planning, including housing, mining, sustainable agriculture, and the energy transition, will be accepted.

NGOs criticize “excessive flexibilities”

Advocacy organizations such as the European Environmental Bureau (EEB) are explicitly concerned by the “watering down” of efforts to crack down on land take (which is harmful conversion of agricultural or natural areas into artificial surfaces) to voluntary measures.

“It’s encouraging that, despite disinformation campaigns, decision makers reached a historic agreement, the result however is highly disappointing. Europe’s first-ever soil law will merely act to monitor continued soil degradation rather than reverse it, a concerning conclusion for farmer livelihoods, nature, and climate,” says Caroline Heinzel, policy officer for Soil at the EEB.

The soil monitoring law will require EU countries to publish an “indicative watch list” of emerging substances that could pose a significant risk to soil health, human health, or the environment 18 months after effect. This list will include pesticides and PFAS (also known as “forever chemicals”).

NGOs say that “excessive flexibilities” in the monitoring and assessment framework of soil pollution will prevent a harmonized assessment of overall soil health.

“Farmers need a long-term perspective with living soils as the basis. Pesticides and other soil pollutants should not only be thoroughly monitored but urgently and ambitiously reduced. Given the grave state of our soils, the absence of ambition in the deal is appalling,” says Kristine De Schamphelaere, policy officer for Agriculture at Pesticides Action Network Europe.

The provisional agreement will now need the Council and the Parliament’s approval to proceed. The NGOs call for urgent action from EU authorities to tackle the “triple climate, pollution, and nature crisis.”

“There’s still a slim chance this law could make a difference, but unfortunately, when monitoring is prioritized above action, nothing is guaranteed. Implementation and enforcement will be crucial — and both must happen quickly and thoroughly to protect soils for future generations,” notes Martina Forbicini, program officer at Environmental Coalition on Standards.