Legal acts on soil protection

Since the early 2000s, EU-wide legislation on soil protection has been blocked. This defies all reason, was a mistake even then, and is completely out of step with the challenges of our time.

In the > Soil Protection Strategy presented on 17 November 2021 for an EU-wide framework for the protection and sustainable use of soil, the European Commission addresses the various threats to soil and regrets that there is still no EU-wide protection framework for soil, as there is for air and water.

Video EU Missions Soil Health and Food

In spring 2021, the European Parliament also called for a binding legislative proposal on soil protection in a resolution.

However, the announced ‘Soil Health Act’ has now become a Directive on soil monitoring

The European Environmental Bureau writes: ‘The change shows that the main objective of the directive is limited to monitoring the condition of soils in the EU and not to restoring the health of European soils. This is very disappointing and once again leaves the health of our soils to chance.’

The directive does not contain any binding targets or requirements. Instead, it focuses on data collection and monitoring, for example of salinisation, erosion, loss of organic carbon, compaction, nutrient content, contamination, water retention capacity, sealing, concentration of phosphorus, heavy metals and chemicals.

The Soil Monitoring Directive has now been adopted despite fierce opposition from the Council and the European Parliament. In view of the watering down and rejection of environmentally-oriented regulations at EU level in recent months, this is an important step. But it is not enough. As part of my advisory work, I will campaign intensively for improvements in soil protection.

The latest agricultural reform has once again failed to integrate binding, effective regulations on soil protection into the conditionality requirements for ‘good agricultural and environmental condition’ (GAEC) for the receipt of direct payments. In addition, some of these have already been abolished again. This makes it all the more urgent for us to have a European regulatory framework that gives soil protection the same attention and protection as the protection of air and water!

Although Section 17 of the German Federal Soil Protection Act (BBSchG) refers to agricultural management, however, this only refers to ‘good professional practice’, which remains undefined. This needs to be revised urgently.

I support these processes as part of my consulting work at national and European level.

The Office for Soil Protection & Ecological Agriculture supports the European position paper with recommendations for the Soil Monitoring Directive:

Position paper

Offer: Agricultural soil protection – laws, initiatives, funding opportunities – lecture or seminar

“Carbon farming” – the EU strategy is supposed to ensure climate protection in agriculture. However, some of the techniques discussed are highly questionable – also from a soil protection perspective….

You can find more about “carbon farming” here.

You can find my overall offer on soil protection here.

Publications:

Beste, A. (2025): Long debate, little movement: the case of soil science and policy. Abstract. International Conference, Athens: Science and policy in times of multicrisis and dissent: Issues of framing, authority, evidence – and political-economic power.

Beste, A. (2023): Soil protection-related legislation and strategies in the European Union

Beste, A., Lorentz, N. (2022): Ecosystem Soil – Bringing nature-based solutions on climate change
and biodiversity conservation down to earth. (Ed.): giz/BMUV

Beste, A. (2022): GREENWASHING & HIGH TECH – Faking it: (un-)sustainable solutions for agriculture.

Beste, A. (2022): Keynote lecture ‘On the state of soils in Europe’s agriculture’.

Beste, A. (2021): A Soil Scientist’s Perspective – Carbon Farming, CO2 Certification & Carbon Sequestration in Soil.

Beste, A.; Idel, A. (2019): The belief in technology and big data. The myth of climate smart agriculture – why less bad isn’t good.

Beste, A.(2015): Down to Earth – The soil we live off. Study on the state of soil in Europeans agriculture.

Find more info about this.

Recommended:

Buckwell, A., et al.(2022): Sustainable Agricultural Soil Management: What’s stopping it? How can it be enabled? RISE Foundation, Brussels.