Oireachtas Joint and Select Committees

Wednesday, 24 January 2024

Joint Oireachtas Committee on Agriculture, Food and the Marine

Scrutiny of EU Legislative Proposals

Mr. Tom Medlycott:

I am a senior inspector in the nature and land use division in the Department of Agriculture, Food and the Marine. I am joined by my colleague, Mr. Niall Ryan.

I thank the Chairman for the opportunity to address the committee to contribute to discussions on the proposed directive on soil monitoring and resilience, the soil monitoring law, and its implications for the agricultural sector. The Joint Committee on Environment and Climate Action considered the EU legislative proposal on soil monitoring and resilience at its meeting on 30 May last. The Department of the Environment, Climate and Communications, the lead Department in relation to this proposed directive, engaged with that committee at the time.

Agriculture and forestry are Ireland’s dominant land uses, responsible for shaping approximately two thirds of our total land area. A core component of land is soil. Soil is a finite resource, meaning its loss and degradation are not recoverable within a human lifespan. The health of agricultural soils is crucial not only for sustainable food production but also for the provision of many other ecosystem services, such as water filtration, carbon sequestration, flood regulation and habitat, for most living things and their food. It is, therefore, a highly valuable natural resource but it is often overlooked. Ensuring that we sustainably manage soil is key to strengthening the resilience and regeneration of our soils. The EU Commission estimates that more than 60% of European soils are unhealthy and scientific evidence shows this is getting worse. The unsustainable use of EU natural resources, in particular the degradation and pollution of soils, is a major driver of the climate and biodiversity crises. Our soil hosts at least 25% of biodiversity on the planet. It is the foundation of the food chain and the largest terrestrial carbon pool on the planet. However, soils do not receive the same level of legal protection in the EU as air and water. The European Parliament, other EU institutions, stakeholders and citizens have therefore called on the Commission to develop an EU legal framework for the protection and sustainable use of soil.

The Commission first proposed a soil framework directive in 2006. This EU-wide legislative approach on soil protection since the establishment of the EU was subsequently withdrawn. Due to the lack of common EU legislation, member states have tried to address soil health issues such as degradation and erosion at a national level. Nevertheless, as these are global issues, there remained a call for a common EU-wide solution to further strengthen efforts to improve soil health. In November 2021, the European Commission presented the soil strategy for 2030. This strategy provides a new vision for soil anchored in the EU biodiversity and farm to fork strategies. It sets out a framework and concrete measures to protect and restore our soils. On 5 July 2023, the European Commission published the proposal for a directive on soil monitoring and resilience, the soil monitoring law. This proposal was developed from the results of EU soil expert meetings held by the Commission throughout 2022.

The Department of Agriculture, Food and the Marine is working closely with colleagues in the Department of the Environment, Climate and Communications representing Ireland on the EU soils expert working group. The two Departments also engage with colleagues in Teagasc, the Department of Housing, Local Government and Heritage, the Environmental Protection Agency and Geological Survey Ireland on these proposals. The long-term objective of the proposed soil monitoring law is for all soils across the EU to be in a healthy condition by 2050, as outlined in the soil strategy. To achieve this ambitious goal, the proposal provides a common definition of what constitutes a healthy soil and lays down measures on monitoring and assessment of soil health, sustainable soil management and remediation of contaminated sites.

Under the proposed directive, member states will be required to regularly monitor soil health and land take within soil districts to be established throughout their territories. The proposal includes elements to increase knowledge and data availability on the health of soils, including agricultural soils, and to maintain or improve soil functions, including the production of food, feed and biomass. The proposal does not impose direct obligations on landowners or land managers, including farmers. The proposal sets out certain principles to be respected when defining sustainable soil management practices at member state level but does not define the specific management practices to be applied or restricted. Importantly, this proposal gives authorities and soil managers the flexibility to choose the most appropriate soil management practices and how to apply them. These principles will be determined by taking into consideration specific local, climatic and socioeconomic conditions, land uses and soil types and existing knowledge on what works best for our farmers and society.

In addition, there is a requirement for authorities to promote awareness of the multiple benefits of sustainable soil management, promote research and implementation of soil management concepts and make available an updated mapping of financial instruments and activities to support the implementation of sustainable soil management. The proposed directive requires member states to set up a mechanism for a voluntary soil health certification process for farmers and other land managers. This voluntary soil certification process should be complementary to a carbon removal certification process. This voluntary certification process may provide opportunities for landowners to be rewarded for good soil management practices that maintain soils in a healthy condition.

The proposed directive on soil monitoring and resilience is the subject of ongoing discussions at the Council working party on the environment under the Belgian Presidency. Increased recognition of the critical importance of healthy soils is welcomed and every effort will be made to ensure that the directive provides long-term benefits to our environment, farmers, other landowners and wider society.

I thank the committee for the opportunity to discuss the proposed directive and I am happy to answer any questions.

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