The EU has become increasingly concerned with soil degradation across the Member States. Recognising the importance of protecting soil, the European Commission adopted a Thematic Strategy for Soil Protection in September 2006. The Commission has suggested that in addition to action taken at local and national level, it is also necessary for action to be forced through at a European level. According to the Commission, large differences at national levels can have economic consequences which distort the functioning of the internal market. It has, therefore, proposed a Draft directive in “establishing a framework for the protection of soil and amending Directive 2004/35/EC.”
The then Minister for Sustainable Farming and Food at the Department of Environment, Food and Rural Affairs, Lord Rooker, explained to the House of Commons European Scrutiny Committee (ESC) that the Commission’s proposal does not respect the principle of subsidiarity for soil contamination and sealing. According to the Government’s Regulatory Impact Assessment the Directive’s implementation may well increase costs between £1.5 and 3.7 billion, whilst providing only minimal benefits.
The European Parliament adopted its position on the proposal for a directive on soil protection in November 2007. The proposal has been discussed under various EU presidencies but the Council has not reached political agreement yet. The UK and other five Member States, Germany, France, Austria, the Netherlands and Malta, have formed a blocking minority on the draft directive which has been, therefore, frozen at the Council. Those Member States oppose the draft directive as they believe that the EU has no power to legislate on soil and that such proposal would interfere with national policy measures. Moreover, they are concerned over the costs and administrative burden that the proposal would entail.
It is, therefore, about time to the Commission withdraws the proposal. However, the EU Environment Commissioner, Janez Potočnik, has made the Soil Directive one his top priorities. He said “In no way can removing the directive be a solution," adding that "Subsidiarity is no excuse for inaction.” He is keen to have all Member States on board. Hence, if a Member State drops its opposition QMV will be reached to adopt the proposal.
