Management of abandoned and contaminated land - Environmental Deterioration and Contamination: Problems and their Management - page 172

committed to develop a Thematic Strategy for Soil Protection (2006) (hereinafter “the
Strategy'') to halt and reverse soil degradation. The aims of the Strategy are the pro-
tection of soil from pollution, erosion, desertification, land degradation, land-take
and hydrological risks taking into account regional diversity, including specificities of
mountain and arid areas.
Finally the Strategy was adopted in 2006 by the EU. Until then the EU did not
have a unified concept for soil protection only sector-specific policies. The Strategy
determines the assessments of European soil conditions, necessary measures and their
methodologies as well as actual encroachment levels. The Strategy is based on the
following four pillars:

- Legislation of Soil Framework Directive (Soil Framework Directive, 2012) for the

sustainable soil protection;

- Incorporation of soil protection into the legislation of member states and commu-

nity;

- Abolition of soil knowledge gaps by research and national research programs

supported by the community;

- Raising the public awareness of soil protection.

The provisions of Soil Framework Directive relate to environmental protection,
and consequently the legal base chosen is Article 175(1) of the EC Treaty (2002). The
Framework Directive would establish the protection and preservation of soil capacity
for the environmental, economic, social and cultural functions.
It would lay down measures for the prevention of soil contamination and soil
degradation processes, both occurring naturally and caused by a wide range of human
activities, which undermine the capacity of a soil to perform those functions. The
framework would require member states to identify and make public the risk areas
of erosion, organic matter decline, compaction, salinization and landslides, and
furthermore assign those action programs which could reduce the risks.
For the purposes of preserving soil functions, the member states would take
appropriate and proportionate measures to limit the intentional or unintentional
introduction of hazardous substances on or in the soil.
According to the regulations of the Framework Directive, the member states would
establish a national inventory of contaminated sites, and the local risk assessment as
well as the remediation for contaminated sites would be performed. It would emphasize
awareness raising, reporting and exchange of information.
The member states would lay down the rules on penalties applicable to infringe-
ments of the national provisions adopted pursuant to the directive and would take
all measures necessary to ensure that they are implemented. The penalties would be
effective, proportionate and dissuasive.
The proposed framework would comply with the subsidiary and proportionality
principles.
The EU directives of environmental protection are widespread but do not fully
involve soil protection. The Directive 86/278/EEC on protection of the environment,
and in particular of soil, when sewage sludge is used in agriculture, regulates the use
of sewage sludge in agriculture in such a way as to prevent harmful effects on soil,
vegetation, animals and man, while encouraging its correct use (Sewage sludge on soil