Soil Framework Directive may be Withdrawn

 

The EU Commission recently published a statement where it proposes a withdrawal of a proposal for a Soil Framework Directive (SFD).

 

The EU Commission stated:

 

“The proposal was made in 2006 and is pending decision by the co-legislators since. Despite the efforts of several presidencies, the council has so far been unable to reach a qualified majority on this legislative proposal due to the opposition of a number of member states constituting a blocking minority on the grounds of subsidiarity and proportionality. When considering the withdrawal, the Commission will examine how the objectives of the proposed directive can be best achieved.”

 

A number of countries have expressing concerns over the expense involved in meeting its requirements, despite publication of a revised draft aimed at achieving compromise and agreement on a way forward. However its possible withdrawal has taken many by surprise.

 

The proposed directive places a considerable burden on the regulator, involving data gathering and assessment. There is also a requirement for landowners to provide soil status reports whenever sites are sold. This would also have applied to domestic properties.

 

If the proposed SFD is withdrawn it is likely that it will either be completely redrafted or that land contamination regulation will be left to individual member states.