The Soil Monitoring Directive has been formally approved by the European Parliament and entered into force this week on the 16th of December. It marks a clear acknowledgement of the problems presented by the current state of soils in Europe. Currently, over 60% of soils are thought to be unhealthy, a problem that not only costs the Union over €50 billion a year but also seriously impedes the Sustainable Development Goals established by the UN 2030 Agenda. The Directive hopes to combat these issues, allowing soil to thrive and thereby promoting food availability, biodiversity, and climate security.

Soil Health Monitoring and Resilience

Central to the Directive is the introduction of mandatory soil monitoring systems across all Member States. Soil health will be assessed using soil descriptors, which are parameters measuring physical, chemical, and biological characteristics of soil. Although the Directive has established what aspects of soil health will be assessed, Member States will decide what remedial measures will be implemented. This allows individual nations to adjust the management of their own soil health to their local conditions.

The EU has also established aspirational target values for each soil descriptor, which although not legally binding, must be reached for soil to be considered ‘in good condition’.

The Directive has also emphasised the centrality of soil resilience, defined as the soil’s capacity to recover after disturbances. It aims to create more resilient soils by addressing the impact of land take and reducing soil sealing and soil removal, both of which contribute to long-term soil degradation. Similar to the monitoring of soil descriptors, Member States must monitor specific soil sealing and soil removal indicators, which are outlined in the Directive.

Furthermore, where new soil sealing or removal occurs, Member States are required to minimise the overall environmental impact. Measures suggested by the Directive include:

  • Reducing the overall area of sealed or removed soil
  • Prioritising locations where ecosystem-service loss is minimal
  • Offsetting ecosystem services losses through de-sealing and soil reconstruction

While these new measures do not require new permitting procedures nor infringe on national competencies on spatial planning, they will be relevant for developers when planning new infrastructure or land-use projects.

Support Measures for Soil Managers

The Directive does not impose new soil management obligations on farmers or land managers. Instead, it introduces support measures, requiring Member States to ensure access to science-based advice, training, and information. States must also promote awareness of soil-enhancing practices, support research and innovation, and provide up-to-date information on available funding opportunities.

Contaminated and Potentially Contaminated Sites

A further key element of the Directive concerns the management of contaminated soils. Member States must adopt a risk-based and stepwise approach to identify, investigate, and manage contaminated and potentially contaminated sites, balancing environmental, social, and economic considerations.

States are required to:

    • establish a systemic list of potential soil contaminants;
    • identify and investigate contaminated and potentially contaminated sites;
    • maintain a publicly accessible register of such sites; and
    • conduct site-specific risk assessments for contaminated sites.

Member States will determine the applicable investigation procedures and risk reduction measures, taking into account long-term effectiveness, durability, technical feasibility, and costs.

Reporting, Transparency, and Access to Justice

The Directive introduces extensive reporting and transparency obligations. Member States must transmit soil health assessments, land-take data, and information on contaminated sites to EU authorities. Public registers of contaminated and potentially contaminated sites must be made available free of charge.

Members of the public concerned must be given effective opportunities to participate and to challenge the legality of soil health assessments, including failures to act by competent authorities. The availability of standardised soil data is expected to lower barriers to legal challenges.

Implementation Timelines

With the Directive now in force, Member States must comply with the following key deadlines:

    • transposition into national law within 36 months;
    • designation of competent authorities and establishment of soil units and soil districts, with relevant information provided to the Commission within 39 months;
    • completion of first soil health measurements within 60 months and the first soil health assessment within 72 months, followed by monitoring every six years;
    • establishment of a risk-based approach for contaminated sites within 48 months; and
    • creation of a register of contaminated and potentially contaminated sites within 120 months.

Outlook

For businesses, landowners, developers, and public authorities, the Directive signals a shift towards greater regulatory scrutiny of soil conditions and the impact of land-use. While many implementation details will be determined at national level, the Directive lays the groundwork for more robust soil-related compliance requirements in the coming years.

Although the Directive has not introduced legal requirements outside of mandatory monitoring, its long-term ambition is clear. By framing soil health as a critical environmental, economic, and social issue, the EU has placed soil protection firmly within its broader sustainability and environmental strategy. As the 2050 target approaches, these areas are likely to see increased regulatory and enforcement activity.