EU Soil Strategy: Legal issues COMMON FORUM on Contaminated land in the European Union

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1 CONSOIL 2010 EU Soil Strategy: Legal issues

2 COMMON FORUM Network of contaminated land policy experts and advisors (since 1994) Mission: Being a platform for exchange of knowledge and experiences, for initiating and following-up of international projects among members, Establishing a discussion platform on policy, research, technical and managerial concepts of contaminated land, Offering an exchange of expertise to the European Commission and to European networks.

3 Some examples of Common Forum actions New concepts for Contaminated land management: Risk based land management (now in place in some EU countries third generation of legal frameworks) Critical analysis of EU Directives proposals Proposal of technical guidance documents for EU Directive implementation Discussions with researchers: i.e. need for harmonisation

4 Regulatory environment at the European level Guidelines For State-aid Renewable Energies Directive Water Framework Directive Environmental Liability Directive Ground Water Directive Contaminated Sites Soil Framework Directive Strategy on sustainable use of resources REACH? Waste Framework Directive Landfill Directive Strategy Urban Environments IPPC / IED Directives Structural Funds Strategy on waste prevention and recycling

5 Program of the SpS State of discussions on the Soil Draft Directive: latest content, difficulties Belgian presidency Positive issues and elements of concern: Finland & Austria representatives How to move forward? : CF rapporteur Discussion

6 DISCUSSION

7 Statement 1 Do we need a directive?

8 Statement 2 A framework directive (more integration, focused on what do we want to achieve, not on how to do so!)

9 Statement 3 Added value Covering additional soil issues (Climate Change, Biodiversity, )

10 Statement 4 Contamination prioritisation at the start of identification phase (conceptual model sources, vulnerable areas) Remediate highly risky sites (decrease risks!)

11 Statement 4 Contamination MS should develop and implement a «proper» risk based policy for contaminated land

12 Points still to be discussed: targets to protect (HH ecosystems, water resources) Soil status report Added value of such report? Available information or «safe & fit for use certificat»? Level of implementation (site Or Area)

13 DISCUSSION

14 Thanks for your attention! More information on

15 Needs for Harmonisation or Common Ground? (1/2) Geographical level: Impossible! Too different Soil / aquifer materials Climate, Vegetable, food and water consumptions Land use scenarios (time scale options, ) One set of Soil Quality Standards? No!

16 Needs for Harmonisation or Common Ground? (2/2) Technical level: Tool box for Risk Assessment, with several models, different levels of details Common protocol for choosing the appropriate models Common set of exposure factors, reference doses? Recommendations for i.e. use of safety factors? Taking into consideration background levels? Political level: Acceptable risk levels for Human Health? Targets to be protected (Human Health, Ecosystems? Ground water, Surface waters, Others?) Substances to be covered / excluded Common framework for soil management: Potentially Yes!

17 What Next? More emphasis on prevention of contamination in policies and practice Public expects public authorities to take initiatives for prevention Increase awareness of the importance of soil and water as resource for modern society Ecosystem services Towards adaptive management of natural resources Contaminated land (and other land) as a part of larger scale environments : The soil water and sediment system A Soil Directive comparable to the Water Framework Directive?

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