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EU Regulations governing Soil Pollution

Regulations governing liability for soil pollution (including the allocation, transfer and limitation of liability):

Soil pollution is not comprehensively regulated at EU level. The protection and sustainable use of soil is regulated in measures, resulting in mainly indirect protection of soil – for example, through environmental policies on waste, water, chemicals, industrial pollution prevention, nature protection and biodiversity, nitrates and pesticides, sewage sludge, forestry strategy, climate change adaptation and mitigation, and biofuels.

EU legislation partly tackling soil protection includes:

The European Commission had proposed a Soil Framework Directive (COM/2006/0232 final) in September 2006 that aimed at filling this gap and providing a common strategy for the protection and sustainable use of soil. However, the commission withdrew the proposal in April 2014 as it had failed to be enacted after nearly eight years. The commission hopes to propose legislation on soil  again in the future.

Source – Lexology White & Case LLP

Verde Environmental Consultants are leading experts in soil waste classification.  We have a team of scientists and chemists with extensive experience in the classification process, helping our clients assess the composition of the material and determine the concentrations of the hazardous substances in the material, if present.

The assessment of contaminated soil (excavated soil) to determine whether it is hazardous waste is dependent on the presence of “hazardous substances” exceeding particular thresholds.  Our specialists are trained in the use of the appropriate classification tools and have an in-depth knowledge of the relevant legislation and guidance, which allows them to guide clients in establishing cost effective and sustainable soil management solutions.

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