840th meeting – 28 May 2003

Appendix 28

(item 9.1)

Revised European Charter for the Protection and Sustainable Management of Soil

(Adopted by the Committee of Ministers on 28 May 2003

at the 840th meeting of the Ministers' Deputies)

The Committee of Ministers of the Council of Europe,

In view of the Council of Europe's earlier initiatives concerning soil protection at both the parliamentary and the intergovernmental levels, in particular the European Soil Charter, the European Regional/Spatial Planning Charter, its own Recommendation (92) 8 on soil protection, and Parliamentary Assembly Recommendation 1350 (1997) on global challenges for agriculture (including forestry, fisheries and aquaculture), adopted following a report by Mr H. Scheer (Doc. 7845, 13 June 1997);

Having regard to the proposal, under the Pan-European Biological and Landscape Diversity Strategy, to prepare European charters on sustainable development as part of the implementation of Action Theme 2 of the strategy by the Council of Europe;

Taking into account the activities and projects of other international, governmental and non-governmental organisations in the field of soil protection, in particular the Rio Conventions on Biological Diversity and Climate Change (1992), the Paris Convention on Desertification (1994) and the Bled Protocol on Soil Protection in the Alps (1998);

Making specific reference to the soil protection activities of the European Community under its agricultural and environment policies and its draft thematic strategy for soil;

Bearing in mind that some member states of the Council of Europe have enacted specific national legislation on soil;

Aware of soil's fundamental role in supporting human, animal and plant life, as a key factor in preserving a high degree of biological and landscape diversity and as a reflection of the right to life, health and a healthy environment;

Concerned by the growing chemical, physical and biological degradation of many soils in Europe, particularly those intended to be left in their natural state and those intended for agricultural and forestry use, which are increasingly affected by erosion, air and water pollution, dumping of waste, salinisation and urban development;

Wishing to instil awareness that the effects of soil degradation are not merely local but cumulative, and that such degradation accordingly constitutes a global threat to the foundations of life, comparable with the major environmental problems at world level, such as climate change and loss of biodiversity;

Wishing to draw attention to the close interrelationship between soil and water and the need for links to be established with the European Water Charter;

Concerned that co-ordinated international action at European level is a matter of urgency, in view of the tendency for soil degradation to speed up and the slowness of the processes whereby soil is reconstituted;

Convinced of the need for rapid action by European states to institute information, research and monitoring arrangements, treating soil as a whole with a view to its integrated sustainable management at the national and international levels;

Recalling that the revised European Charter for the Protection and Sustainable Management of Soil does not have a legally binding character,

Adopts and proclaims the principles of the revised European Charter for the Protection and Sustainable Management of Soil, as set out below.

1. Definition and functions of soil

A.         Definition

a.         Soil is a component of terrestrial ecosystems and constitutes the outer layer of the Earth's crust. It is found at the interface between the Earth's surface and the underlying rock and is a medium (pedosphere) in which rocks (lithosphere), air (atmosphere), water (hydrosphere) and living beings (biosphere) are intermingled. Soil naturally occurs in successive sub-horizontal layers (or horizons), with specific physical, chemical and biological properties and different functions.

b.         Depending on past use of land and ecological and environmental factors, soil layers may vary in thickness, from a few centimetres to a number of metres. Soil is directly linked with aquifers and the water contained in them, as an element of the hydrological system.

Soil can include underground water, whether confined or not, the subsoil, the sea bed and river beds.

B.         The functions of soil

a.         Soil in itself is a living medium with an intrinsic value.

b.         Soil has two types of functions: ecological functions and functions linked to human activity.

i.          Ecological functions which are essential to humankind

–          producing biomass, the basis of human, animal, plant and micro-organism life, since it ensures a supply of food, renewable energy and raw materials;

–          filtering, buffering and transforming actions and serving as a reservoir to protect groundwater and the food chain from pollution;

–          a biological habitat for many plant and animal organisms and a gene pool of importance to the survival of humankind.

ii.         Functions resulting from human activity

–          soil is the physical medium for a range of socio-economic and cultural activities in the areas of town planning, industry, transport, farming, waste disposal and leisure;

–          soil is a source of raw materials, supplying water, clay, sand, gravel, minerals, etc;

–          soil is a cultural heritage. It is a repository of natural and human history, containing palaeontological and archaeological remains. It underlies and shapes the landscape.

2. Soil degradation

Soil is threatened with degradation from many sources. Degradation is damage to or destruction of soil, adversely affecting one or more of its functions. The causes may be natural or human.

A.         Forms of degradation

a.         Physical degradation due to urban sprawl, erosion caused by development, transport projects or road construction, various types of mining activities, or destruction or compaction and sealing of surface soil as a result of intensive farming techniques and the abandonment of farming in mountain regions.

b.         Biological degradation caused by sediment formation, acidification, natural salinisation and organic impoverishment of soil.

c.         Pollution caused by acidifying, toxic and chemical substances, particularly heavy metals, radioactive substances, dumping of household, industrial or radioactive waste, use of fertilisers and plant protection products, or spreading of sewage sludge or livestock waste.

d.         Degradation as a result of wind or water erosion or inappropriate farming or forestry practices.

B.         Interaction of different forms of degradation and their effects

Soil is increasingly exposed to diffuse or specific attack from a variety of sources, which makes it more vulnerable to degradation. Soil degradation is thus frequent and rapid, whereas the reconstitution process is as slow as ever, if not impossible. Depending on the nature of the degradation, the damage may be reversible or irreversible.

a.         Reversible damage is any type of damage that can be repaired by nature or through technical processes, such as compaction or surface sealing. It also includes medium- or long-term chemical or biochemical degradation through soil pollution by organic compounds.

b.         Irreversible damage is damage that cannot be remedied or can only be repaired in the very long term, such as soil loss through urban sprawl, extraction of materials or erosion, contamination with radioactive substances, advanced acidification and salinisation and/or alkalisation.

3. Objectives

This foreseeable degradation and damage should be countered with preventive measures at the national and European levels, serving the following objectives in the interests of present and future generations:

–          sustainable use of all kinds of soil, according to local circumstances, so as to preserve the diversity of the functions and components of the soil in a given site and maintain a balance between the processes of soil formation and soil degradation;

–          sustainable preservation of biodiversity in the soil;

–          lasting fertility of the soil, so as to ensure a healthy food source; this is achieved through the use of farming methods appropriate to local conditions and special measures to protect the activity of the living organisms found in soil;

–          integrated management of soil through the co-ordination of economic, environmental and spatial planning policies and the various national and local institutions and administrative bodies active in the field of soil.

4. Fundamental principles

a.         Soil is a common heritage, and its protection is in the public interest.

b.         States should implement a soil protection policy as part of their environmental protection and sustainable development policies.

c.         Soil should be regarded as a limited, non-renewable natural resource.

d.         Any use of soil should take account of its multiple ecological functions, with a view to their preservation.

e.         Soil protection should be systematically taken into consideration in all other policies, in particular farming, forestry, mining, industrial, tourism, transport, town planning and spatial development policy.

f.          Where there is a risk of serious damage to one of the ecological functions of soil and when there is scientific uncertainty as to the extent of future soil deterioration, the precautionary principle should be applied, i.e. the emphasis should usually be on caution, and emergency measures should be adopted where necessary.

5. Recommendations for the future management of soil

A.         General recommendations

a.         Growing erosion, urban expansion, development of transport and road infrastructure and the increasing quantities of waste to be stored require prudent management of soil through inventories, planning and the application of soil quality criteria.

b.         Placing priority on the conservation of pollution-free farmland entails managing the use of space as rationally as possible.

c.         Integrated soil management would benefit from:

–          the establishment of a national advisory body to issue guidelines for public policy on soil protection;

–          the co-ordination with national committees constituted under the United Nations Convention to Combat Desertification;

–          the setting up of bodies to co-ordinate national sectoral policies and national and local measures; or

–          similar arrangements designed to achieve the same purposes.

d.         Rare soil-types are a resource of valuable scientific and heritage interest. If threatened they need to obtain some degree of protection that could permit the conservation of its specificities. A way to protect threatened soil-types is through their identification and the establishment of soil protection zones or another appropriate mechanism.

e.         Through ecologically sound, sustainable management, any current or planned use of land should permit, if not the soil's subsequent use for a variety of functions, at least its future use for a different function, chosen by society and which does not necessitate special treatment.

f.          Land use should, as far as possible, cause only reversible changes in soil, particularly when they result from agricultural, forestry and tourism activities.

g.         Sustainable soil management in accordance with specific quality objectives should be a condition for the granting of any direct aid in the form of a subsidy or loan or any unilateral or contractual incentive measures. Extensive farming should be particularly encouraged.

h.         Land protection should be guaranteed by suitable national legislation.

B.         Recommendations concerning various specific uses of soil

a.         Farming and forestry

Soil use for farming and forestry should be sustainable. Where appropriate, this may entail:

–          a ban on certain farming methods;

–          promoting a balance between agriculture, forestry and pastoral activities;

–          applying the precautionary principle and providing compensation when soil is lost or damaged.

Priority must be given to preserving organic matter in the soil, as it is in most danger. Excess mechanisation may overstretch soil's capacity, disrupt its natural balance and, hence, fail to bring increases in yields. Depending on the type of soil under consideration, the rearing of certain animals should be restricted or forbidden, and irrigation controlled.

Sustainable farming using new agricultural practices (organic farming, precision farming, integrated farming, no-till farming on plant mulch, which halves both time spent working the land and the use of inputs) and safeguarding of hedges, slopes, natural watercourses and wetlands will help to preserve the soil, while simultaneously promoting the upkeep and enhancement of the landscape. An inventory of sustainable practices should be made.

Forest management and logging techniques should be geared to preventing soil degradation by reducing erosion and harmful compacting of the ground.

b.         Development

Development needs to be carefully planned so as to avoid taking over good quality land, particularly in soil protection zones, farming and forest areas or protected natural areas, and to limit impermeabilisation of the ground. It should provide scope for the emergence of urban zones devoted to green areas. The integration of soil consideration into planning and rural development policies should aim to the sustainable use of soil and the improvement or restoration of degraded soils.

Spatial planning policy will be improved by paying special attention to peri-urban areas, where town meets country, and prevent development from piecemeal degradation of rural areas.

c.         Engineering projects and transport infrastructure

Certain major works or building projects have a far-reaching impact on soil by altering natural drainage, watertables and the landscape. Local impact assessment should be preceded by a global impact study, on the basis of plans and programmes, taking account of how irreversible artificialisation of the soil will affect surrounding areas.

Special attention needs to be paid to temporary installations (quarries, gravel pits), whose operators should bear the restoration costs.

d.         Contaminated soil

The gravity of the problems posed by old or recent contaminated sites (such as waste dumps, former mines, former factories and sites of old accidents) requires an appropriate soil protection policy to prevent degradation and promote restoration and rehabilitation.

i.          Prevention necessitates strict control of installations, storage areas and dumps, whether above or below ground, under the operator's responsibility, taking account of the soil's nature and quality, of any standards or guidelines that member states follow, and of all other relevant circumstances. Permanent monitoring of sites and surrounding areas, allied to risk assessment procedures, should be employed in order to ensure that such facilities are managed without unacceptable risk to soil resources arising from the escape of contaminants. Any incidents should be immediately and appropriately dealt with. No storage should be irreversible. Any change in site ownership should be preceded by an environmental audit and should be reported to the public authorities.

ii.         Restoration of a polluted site entails:

–          systems enabling the identification of potential harm to soil resources, and initiation of appropriate action;

–          spatial and town planning regulations that include measures ensuring that any subsequent use of former polluted sites is suitable, based on risk assessment;

–          determining who has technical and financial responsibility for restoring contaminated soil, according to the "polluter pays” principle. Since soil is a public asset which renders free environmental services to the community, those services must be taken into consideration when setting a value on soil;

–          the selection of restoration techniques using physical, chemical or biological processes – phyto- or bio-remediation. However, it may sometimes be preferable to leave polluted sites as they are, to avoid reactivating certain contaminants which have been immobilised.

6.         Instruments for the sustainable management of soil

With a view to the sustainable preservation of soil, the states of Europe need to co-operate in promoting a soil policy and consider, as appropriate, the following measures:

a.         Inventory

Each state may carry out an inventory of its soil resources, setting up a soil observatory organised around a number of permanent monitoring sites.

This observatory would analyse the current state of the soil, using satellite observation techniques and appropriate maps and charts based on a geographical information system, and should continuously monitor foreseeable changes in the soil. It would provide reference material for the preparation of a sustainable soil use index through regular assessment and comparison of changes in soil conditions in selected areas and systematic comparison of different periods and areas.

A co-ordinated European network of soil observatories should be set up on the basis of a European soil observation and monitoring programme, established in co-operation with the European Environment Agency. This network would help to produce a co-ordinated system of soil maps, lay down criteria for assessing sustainable use of soil and draw up a standardised classification of soil types at European level.

b.         Scientific research

States may undertake interdisciplinary scientific research with a view to the protection and sustainable management of soil, focussing on:

–          natural causes of soil degradation;

–          anthropogenic causes of soil degradation, taking into account both air-borne and land-based factors;

–          observation and analysis of biodiversity in the soil and its importance to soil's functions;

–          contaminants' effects on soil's intrinsic processes;

–          simulation models to facilitate integrated soil management;

–          interaction between society or given population groups and the soils they utilise;

–          the know-how and knowledge possessed by users of the soil, particularly farmers.

States could exchange information and co-operate on current and future research programmes, with a view to establishing a standard methodology, and should contribute to the creation of a European soil database.

c.         Education

Interdisciplinary teaching on soil and its sustainable preservation should be part of the curriculum at all educational levels. Specific applied courses should be taught in colleges of engineering, agronomy, forestry and civil engineering and as part of continuing education for the building and public works industries and rural communities.

d.         Information

Public information on the need for sustainable preservation of soil, and means of achieving it, should be developed, conveying an understanding of the diversity and variability of specific local and regional pedological features.

European states are invited to co-operate in facilitating data and information exchange between themselves and with the relevant international bodies, in particular with the assistance of the European Environment Agency.

e.         Participation

At national, local and regional level any decision or operation affecting soil and land (regulations, planning, contracting, project implementation) needs to be based on the principle of participation. This should entail particular emphasis on:

–          participation in decision making, especially by women and local people;

–          recognition that occupancy of land and its use for human activities necessitates involving all the parties in a locality in defining, implementing and monitoring decisions and actions;

–          public access to procedures for the settlement of disputes concerning or arising from land use.

f.          Planning

To ensure the sustainable use of soil, taking account of its suitability, quality criteria and current and foreseeable uses, an appropriate, specific planning process should be introduced and closely co-ordinated with spatial and town planning instruments, which may allow for special soil/land planning.

This planning process, implemented at the local and regional levels, may be devised in close co-operation with various local actors (local government authorities, industry, farmers, non-governmental organisations).

Planning should encompass not only the ways in which soil is to be used, but also its preservation (through the creation of protection zones), improvement and restoration (particularly in the case of contaminated soil).

Action plans to combat land degradation have to be elaborated in central and eastern European countries and Newly Independent States.

g.         Impact study

Impact studies relating to activities, plans or programmes with a direct or indirect impact on soil need to include a soil study. This may:

–          systematically involve scientific analysis of the condition of the soil;

–          assess the effects on soil quality in the short and the long term, both direct and indirect;

–          check the biodegradability of substances or waste coming into contact with the soil;

–          note any irreversible effects;

–          recommend means of preventing or limiting any foreseeable degradation.

h.         Specific measures

Where appropriate the states of Europe should take action to protect soil health and soil resources by, inter alia:

–          restricting or prohibiting certain activities in protection zones;

–          limiting use of heavy machinery on certain types of soil;

–          prohibiting or regulating the spreading of fertilisers, pesticides, sewage sludge and liquid or solid animal waste;

–          regulating landfill operations;

–          regulating waste dumps;

–          regulating the deposit of rubble, mining waste or industrial waste (toxic or not);

–          determining irreversibility thresholds;

–          drawing up codes of good practice for soil management purposes, combining regulatory instruments and conditional incentive measures;

–          openness in public information on farming practices and use of inputs;

–          on-site monitoring of use of inputs;

–          monitoring of mining and extraction activities.