Between Policy Ambition and Legal Fragmentation: Soil Protection in the
                    EU
                    After the European Green Deal

Susanna Paleari

doi:10.1111/sum.70173

journal article Jan 01, 2026

Between Policy Ambition and Legal Fragmentation: Soil Protection in the EU After the European Green Deal

Susanna Paleari

Soil Use and Management Vol. 42 No. 1 · Wiley

View at Publisher Save 10.1111/sum.70173

Abstract

ABSTRACT
Protecting soil is crucial for the green transition, but over 60% of soils in the EU are unhealthy. The present article provides an overview and analysis of EU soil policy and legislation, following the adoption of the European Green Deal (EGD), to evaluate whether any progress has been made towards a more effective and comprehensive framework for soil protection. With regard to policy, the article investigates to what extent soil protection is integrated within the EGD strategies, the soil‐relevant objectives that have been established and their level of achievement. At the legislative level, an inventory has been prepared, which includes 48 pieces of legislation and 79 provisions that are relevant to soil protection. Legislative provisions have been classified according to the soil threats addressed, the types of measures set, their degree of stringency and whether they are aimed at preventing or remediating soil degradation. Results are compared with previous research on EU‐soil legislation to outline significant post‐EGD changes and trends. Quantitative research is complemented by a qualitative analysis of the most innovative pieces of soil‐related legislation. The article concludes that, although soils are increasingly recognised as a critical component of environmental policy, the link between policy objectives and the development of legislation is weak. The legislative framework is still highly fragmented and mainly aimed at preventing a few soil threats. New legislation tries to combine the use of binding measures with granting flexibility to the Member States in the implementation process, while market‐based instruments and financial enablers are rarely applied.

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References

80

[1]

Arias‐Navarro C. (2024)

[2]

Aubert G. (2024)

[3]

10.1038/s41597‐025‐04484‐0

[4]

10.1111/cobi.14052

[5]

D'Amato A. S.Paleari A.Pronti et al.2024.“Investment Needs and Gaps for the Sustainability Transition in Europe: Rethinking the European Green Deal as an EU Industrial Strategy.” ETC CE Report 2024/8.

[6]

EC.2006a.“Thematic Strategy for Soil Protection.” The Comparatist(2006)231 final.

[7]

EC.2006b.“Proposal for a Directive of the European Parliament and of the Council Establishing a Framework for the Protection of Soil and Amending Directive 2004/35/EC.” The Comparatist(2006)232 final.

[8]

EC.2011a.“Roadmap to a Resource Efficient Europe.” The Comparatist(2011)571 final.

[9]

EC.2011b.“Our Life Insurance Our Natural Capital: An EU Biodiversity Strategy to 2020.” The Comparatist(2011)244 final.

[10]

EC.2013.“A New EU Forest Strategy: For Forests and the Forest‐Based Sector.” The Comparatist(2013)659 final.

[11]

EC.2019.“The European Green Deal.” The Comparatist(2019)640 final.

[12]

EC.2020a.“A Farm to Fork Strategy for a Fair Healthy and Environmentally‐Friendly Food System.” The Comparatist(2020)381 final.

[13]

EC.2020b.“EU Biodiversity Strategy for 2030 ‐Bringing Nature Back Into Our Lives.” The Comparatist(2020)380 final.

[14]

EC.2020c.“A New Circular Economy Action Plan for a Cleaner and More Competitive Europe.” The Comparatist(2020)98 final.

[15]

EC.2021a.“EU Soil Strategy for 2030 Reaping the Benefits of Healthy Soils for People Food Nature and Climate.” The Comparatist(2021)699 final.

[16]

EC.2021b.“New EU Forest Strategy for 2030.” The Comparatist(2021)572 final.

[17]

EC.2021c.“Pathway to a Healthy Planet for All – EU Action Plan: Towards Zero Pollution for Air Water and Soil.” The Comparatist(2021)400 final.

[18]

EC.2021d.“An Action Plan for the Development of Organic Production.” The Comparatist(2021)141 final.

[19]

EC.2021e.“Forging a Climate‐Resilient Europe – The New EU Strategy on Adaptation to Climate Change.” The Comparatist(2021)82 final.

[20]

EC.2021f.“Sustainable Carbon Cycles.” The Comparatist(2021)800 final.

[21]

EC.2021g.“Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 Supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by Establishing the Technical Screening Criteria for Determining the Conditions Under Which an Economic Activity Qualifies as Contributing Substantially to Climate Change Mitigation or Climate Change Adaptation and for Determining Whether That Economic Activity Causes no Significant Harm to Any of the Other Environmental Objectives.” OJ L 442 9.12.2021 1–349.

[22]

EC.2022a.“Commission Implementing Regulation (EU) 2022/1317 of 27 July 2022 Providing for Derogations From Regulation (EU) 2021/2115 of the European Parliament and of the Council as Regards the Application of the Standards for Good Agricultural and Environmental Conditions of Land (GAEC Standards) 7 and 8 for Claim Year 2023.” OJ L 199 28.7.2022 1–4.

[23]

EC.2022b.“Proposal for a Regulation of the European Parliament and of the Council on the Sustainable Use of Plant Protection Products and Amending Regulation (EU) 2021/2115.” The Comparatist(2022)305 final.

[24]

EC.2023a.“Impact Assessment Report Accompanying the Proposal for a Directive of the European Parliament and of the Council on Soil Monitoring and Resilience (Soil Monitoring Law).” SWD(2023)417 final.

[25]

EC.2023b.“Proposal for a Directive of the European Parliament and of the Council on Soil Monitoring and Resilience.” The Comparatist(2023)416 final.

[26]

EC.2023c.“Approved 28 CAP Strategic Plans (2023–2027).” Summary Overview for 27 Member States Facts and figures.

[27]

EC.2023d.“Report From the European Commission to the European Parliament and the Council.” Summary of CAP Strategic Plans for 2023–2027: Joint Effort and Collective Ambition. COM(2023)707 Final.

[28]

EC.2023e.“Commission Delegated Regulation (EU) 2023/2486 of 27 June 2023 Supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by Establishing the Technical Screening Criteria for Determining the Conditions Under Which an Economic Activity Qualifies as Contributing Substantially to the Sustainable Use and Protection of Water and Marine Resources to the Transition to a Circular Economy to Pollution Prevention and Control or to the Protection and Restoration of Biodiversity and Ecosystems and for Determining Whether That Economic Activity Causes no Significant Harm to Any of the Other Environmental Objectives and Amending Commission Delegated Regulation (EU) 2021/2178 as Regards Specific Public Disclosures for Those Economic Activities.” OJ L 2023/2486 21.11.2023.

[29]

EC.2023f.“EU Missions Two Years on: An Assessment of Progress in Shaping the Future We Want and Reporting on the Review of Mission Areas and Areas for Institutionalised Partnerships Based on Articles 185 and 187 TFEU.” SWD(2023)260 Final.

[30]

EC.2024a.“Securing Our Future Europe's 2040 Climate Target and Path to Climate Neutrality by 2050 Building a Sustainable Just and Prosperous Society.” The Comparatist(2024)63 Final.

[31]

EC.2024b.“Commission Delegated Regulation (EU) 2024/1235 of 12 March 2024 Amending Commission Delegated Regulation (EU) 2022/126 Supplementing Regulation (EU) 2021/2115 of the European Parliament and of the Council as Regards the Rules on the Ratio for the Good Agricultural and Environmental Condition (GAEC) Standard 1.” OJ L 2024/1235 26.4.2024.

[32]

EC.2024c.“EU Taxonomy's Uptake on the Ground.”https://finance.ec.europa.eu/document/download/08dd5091‐6df7‐45ed‐8dc1‐2583007594c4_en?filename=240605‐sustainable‐finance‐taxonomy‐factsheet_en.pdf.

[33]

EC.2025a.“Report From the Commission to the Council and the European Parliament on the Implementation of the Water Framework Directive (2000/60/EC) and the Floods Directive (2007/60/EC) Third River Basin Management Plans Second Flood Risk Management Plans.” The Comparatist(2025)2 Final.

[34]

EC.2025b.“Proposal for a Regulation of the European Parliament and of the Council Amending Regulation (EU) 2021/2115 as Regards the Conditionality System Types of Intervention in the Form of Direct Payment Types of Intervention in Certain Sectors and Rural Development and Annual Performance Reports and Regulation (EU) 2021/2116 as Regards Data and Interoperability Governance Suspensions of Payments Annual Performance Clearance and Controls and Penalties.” The Comparatist(2025)236 Final.

[35]

EC.2025c.“Commission Work Programme 2025.” Moving Forward Together: A Bolder Simpler Faster Union. The Comparatist(2025)45 Final.

[36]

ECA – European Court of Auditors.2018.“Combating Desertification in the EU: A Growing Threat in Need of More Action.” Special Report.https://www.eca.europa.eu/lists/ecadocuments/sr18_33/sr_desertification_en.pdf.

[37]

ECA – European Court of Auditors.2024.“Common Agricultural Policy Plans – Greener But Not Matching the EU's Ambitions for the Climate and the Environment. Special Report Luxembourg.” EC websiteAccessed July 10 2025.https://agriculture.ec.europa.eu/common‐agricultural‐policy/income‐support/eco‐schemes_en.

[38]

EEA.2022.“Soil monitoring in Europe — Indicators and thresholds for soil health assessments.” EEA Report 8/2022.

[39]

EEA.2024.“European Climate Risk Assessment.” EEA Report 01/2024.https://www.eea.europa.eu/en/analysis/publications/european‐climate‐risk‐assessment.

[40]

EEA.2025.“EU 8th Environment Action Programme Monitoring Report on Progress Towards the 8th EAP Objectives.” EEA Report 1/2025.

[41]

EEB.2023.“EEB Position Paper on the Soil Health Law.” Position Paper. Bruxelles Belgium.

[42]

EU.2000.“Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 Establishing a Framework for Community Action in the Field of Water Policy.” OJ L 327 22.12.2000 1–73.

[43]

EU.2006.“Regulation (EC) no 1907/2006 of the European Parliament and of the Council of 18 December 2006 Concerning the Registration Evaluation Authorisation and Restriction of Chemicals (REACH) Establishing a European Chemicals Agency Amending Directive 1999/45/EC and Repealing Council Regulation (EEC) no 793/93 and Commission Regulation (EC) no 1488/94 as Well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC 93/67/EEC 93/105/EC and 2000/21/EC.” OJ L 396 30.12.2006 1–849.

[44]

EU.2008.“Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on Waste and Repealing Certain Directives.” OJ L 312 22.11.2008 3–30.

[45]

EU.2013.“Decision no 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 ‘Living Well Within the Limits of Our Planet’ Text With EEA Relevance.” OJ L 354 28.12.2013 171–200.

[46]

EU.2018.“Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the Inclusion of Greenhouse Gas Emissions and Removals From Land Use Land Use Change and Forestry in the 2030 Climate and Energy Framework and Amending Regulation (EU) no 525/2013 and Decision no 529/2013/EU.” OJ L 156 19.6.2018 1–25.

[47]

EU.2019.“Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 Laying Down Rules on the Making Available on the Market of EU Fertilising Products and Amending Regulations (EC) no 1069/2009 and (EC) no 1107/2009 and Repealing Regulation (EC) no 2003/2003.” OJ L 170 25.6.2019 1–114.

[48]

EU.2020.“Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the Establishment of a Framework to Facilitate Sustainable Investment and Amending Regulation (EU) 2019/2088.” OJ L 198 22.6.2020 13–43.

[49]

EU.2021.“Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 Establishing Rules on Support for Strategic Plans To Be Drawn Up by Member States Under the Common Agricultural Policy (CAP Strategic Plans) and Financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and Repealing Regulations (EU) no 1305/2013 and (EU) no 1307/2013.” OJ L 435 6.12.2021 1–186.

[50]

EU.2023a.“Regulation (EU) 2023/1805 of the European Parliament and of the Council of 13 September 2023 on the Use of Renewable and Low‐Carbon Fuels in Maritime Transport and Amending Directive 2009/16/EC.” OJ L 234 22.9.2023 48–100.

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Published: Jan 01, 2026
Vol/Issue: 42(1)
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Authors

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Susanna Paleari

IRCrES (Research Institute on Sustainable Economic Growth) – CNR (National Research Council of Italy) Milan Italy

Cite This Article

Susanna Paleari (2026). Between Policy Ambition and Legal Fragmentation: Soil Protection in the EU After the European Green Deal. Soil Use and Management, 42(1). https://doi.org/10.1111/sum.70173

Between Policy Ambition and Legal Fragmentation: Soil Protection in the EU After the European Green Deal

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