Severly Degraded / Heavily Contaminated Land. MOLENAAR² (Co & Dietmar) 1

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Tabitha Parrish
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1 Severly Degraded / Heavily Contaminated Land MOLENAAR² (Co & Dietmar) 1 COMMON FORUM meeting, Utrecht,

2 Background & State of Play RENEWABLE ENERGY DIRECTIVE (2009/28/EC) includes a bonus if biomass os obtained from restored degraded land, which could be gained for severly degraded or heavily contaminated land DETAILED DEFINITIONS Commission Regulation revised proposal (2015) MS (Dutch) proposal ( window of Opportunity?) 2

3 Commission Regulation rev. proposal (1) SEVERLY DEGRADED LAND as defined in point 9(a) of Part C of Annex IV of Dir. 98/70/EC and in point 9(a) of Part C of Annex V of Dir. 2009/28/EC means land that for significant period of time, has: (1) been significantly salinated, that is to say land where, due to human internvention, more than 80 % of the surface area has soil with an electrical conductivity of more than 12 decisiemens / m measured as an average of the top 30 centimetres of the soil through the method of measuring electrical conductivity of saturation extracts; or (2) presented significantly low organic matter content, that is to say below 1 % soil organic matter in the top 30 centimetres of the soil, and has been severly eroded, that is to say where more than 25 % of each hectare surface area is affected: a) in the case of shallow soils b) In the case of deep soils 3

4 Commission Regulation rev. proposal (2) HEAVILY CONTAMINATED LAND as defined in point 9(b) of Part C of Annex IV of Dir. 98/70/EC and in point 9(b) of Part C of Annex V of Dir. 2009/28/EC means land that is unfit for the cultivation of food and feed, that is to say land that is contaminated in such a way, through a build-up of hazardous substances, that it is only suitable for the cultivation of crops that cannot be used for food or feed purposes. This includes land for which a risk assessment has shown that food or feed crops produced on this land would not be safe according to Article 14 and 15 of Regulation (EC) No 178/2002 or that the food or feed crops produced on this land would contain contaminants or hazardous substances in concentrations exceeding the threshold levels for feed set out in Dir. 2002/32/EC or food set out in Reg. (EC) No 1881/2006. These legislative acts require application of strict safety measures prohibiting that contaminated feedstock is used for food or feed purposes or enters the food chain. 4

5 Position/draft NL (2016/04) Severly degraded land: (legislative characterisation not feasible) Heavily contaminated land: Land that contains substances in or under the land that poses significant risks for human health or the environment in view of current and approved future use of land. Of course it is up to the MS to define significant risks. 5

6 Related terms: EC documents EC procedures for contaminants in food [(EEC) No 315/93] contaminant; contamination Water Framework Directive (WFD; 2000/60/EC) heavily modified water body hazardous substances; pollutant; pollution Environmental Liability Directive (ELD; 2004/35/CE) land damage Industrial Emissions Directive (IED; 2010/15/EU) hazardous substances; pollution; soil INSPIRATION (glossary): land [UNCCD], soil [EN ISO 11074] 6

7 ALTERNATIVE 1 Severly degraded land: Heavily contaminated land means a delineated area of land, where the intensity of soil contamination by hazardous substances is such, that regulating and provisioning ecosystem services are hampered and contaminant transfer causes significant impacts on plants, wildlife or water resources. As addressed in point 9(b) of Part C of Annex IV of Directive 98/70/EC and in point 9(b) of Part C of Annex V of Directive 2009/28/EC this is land unfit for the cultivation of food and feed, accordingly only suitable for the cultivation of crops that cannot be used for food and feed purposes. (and so on see EC draft) 7

8 ALTERNATIVE 2 Severly degraded land: Heavily contaminated land means a delineated area of land, where soil properties have been deteriorated by hazardous substances and contaminant transfer causes significant impacts on plants, wildlife or water resources. As addressed in point 9(b) of Part C of Annex IV of Directive 98/70/EC and in point 9(b) of Part C of Annex V of Directive 2009/28/EC this is land unfit for the cultivation of food and feed, accordingly only suitable for the cultivation of crops that cannot be used for food and feed purposes. (and so on see EC draft) 8

9 WAY ONWARDS EC inviting/waiting for a MS proposal e.g. within the Dutch presidency (or SK, ) CF members invited for feedback/input here in Utrecht & NOW written comments (e.g. until end of May 2016) 9

10 Severly Degraded / Heavily Contaminated Land MOLENAAR² (Co & Dietmar) 10 COMMON FORUM meeting, Utrecht,

COMMISSION REGULATION (EU) No /.. of XXX

EUROPEAN COMMISSION Brussels, XXX [ ](2012) XXX draft COMMISSION REGULATION (EU) No /.. of XXX on detailed definitions for severely degraded land and heavily contaminated land for the purpose of Annex