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The document argues that the absence of a dedicated EU-level legislative framework for soil protection has left soil governance fragmented and disconnected from land policies. It analyzes the failure of a 2006 proposal for a Soil Framework Directive and suggests several legal pathways to address this gap, including the adoption of a new Directive based on Article 191 or 192 TFEU, strengthening soil standards within the Common Agricultural Policy (CAP), and integrating soil management into the 8th Environment Action Programme and the EU Biodiversity Strategy.

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  • The European Union currently lacks specific legislation addressing soil protection, which has resulted in fragmented governance and a lack of prioritization for soil management relative to land development policies.
  • A 2006 Proposal for a Soil Framework Directive was withdrawn by the Commission at the end of 2014 because it failed to reach a qualified majority in the Council, as some Member States feared additional economic burdens on agricultural activities.
  • The European Court of Auditors reported in 2018 that the EU is unlikely to achieve its goal of land degradation neutrality by 2030, noting a lack of coherent EU-level strategy on desertification and land degradation.
  • A new EU Soil Framework Directive could be legally established under Article 191 TFEU or Article 192, Paragraph 1, TFEU, treating soil protection as an area of shared competences between the Union and Member States.
  • The Common Agricultural Policy (CAP) is identified as a critical tool for soil protection, specifically through the strengthening of soil standards under Pillar 2 and the use of good agriculture and environmental conditions (GAECs) within the conditionality system.
  • The EU Environmental Liability Directive (ELD) has not been properly implemented to date, and its current definition of 'land damage' is too limited, focusing only on contamination that risks human health rather than broader ecological soil damage.

Cite the original document

APA
ClientEarth (2019). EU Soil Framework Directive. https://www.clientearth.org/media/xf3jr4w5/2019-11-28-eu-soil-framework-directive-ce-en.pdf
Chicago
ClientEarth. EU Soil Framework Directive. 2019. https://www.clientearth.org/media/xf3jr4w5/2019-11-28-eu-soil-framework-directive-ce-en.pdf.
Wikipedia
{{cite report |author=ClientEarth |title=EU Soil Framework Directive |date=28 November 2019 |url=https://www.clientearth.org/media/xf3jr4w5/2019-11-28-eu-soil-framework-directive-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{clientearth2019soil, author = {{ClientEarth}}, title = {{EU Soil Framework Directive}}, institution = {ClientEarth}, year = {2019}, month = nov, url = {https://www.clientearth.org/media/xf3jr4w5/2019-11-28-eu-soil-framework-directive-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }

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