EU’s first soil law

On December 16, 2025, the European Union’s first law on soil monitoring and resilience entered into force. The adoption of Directive (EU) 2025/2360 of the European Parliament and of the Council of November 12, 2025, on soil monitoring and resilience (the Soil Monitoring Law) is an important step toward restoring soil health in the European Union, as announced by the European Commission.

The importance of soil health

Soil is a key, non-renewable and irreplaceable resource. Its health is essential for the development of the economy and the safety of society and the environment. The soil’s ability to retain water helps both prevent and respond to natural disaster risks.

As the European Commission points out, healthy soils are essential for efficient agricultural production, pest resistance and the production of food of sufficient quality and quantity, which is critical to the long-term viability of the European Union’s agricultural sector, among others.

Soils also provide other services: for example, they serve as a physical platform for infrastructure and for human activities, are a source of raw materials, and are an archive of geological, geomorphological and archaeological heritage.

The state of the soil in the European Union

According to information published by the European Commission in its proposal SWD(2023) 418 final, in each European Union (EU) country, approx. 60-70 percent. The soil is in an unhealthy state.

In light of the published information, approx. 36 percent. Arable land in Poland is in poor condition due to erosion caused by water, wind and cultivation, especially plowing. In addition, it is estimated that approx. 58 percent. Arable land and permanent grassland are in poor condition due to low organic carbon content, and approx. 87 percent. Poland’s peatlands have been destroyed either by draining them or converting them to agricultural land.

Soil degradation harms human health. Particulate matter, produced by wind erosion and lingering in the air, causes or exacerbates respiratory and cardiovascular diseases.

Sealed soils extend the duration of heat waves and have less capacity to absorb pollutants. In addition, some soils in the humus level contain concentrations of cadmium that exceed the limit for groundwater – thus, they can cause water pollution.

Soil protection a priority for European Commission action

On July 5, 2023. The European Commission has published a proposal by the European Parliament and the Council on soil monitoring and resilience (Soil Monitoring Law) – SWD(2023) 418 final.

In the proposal, she pointed out that healthy soils have the inherent ability to absorb, collect and filter water. And combating pollution and erosion, as well as improving retention, are expected to contribute to the goals of the Water Framework Directive 2000/60/EC, the Groundwater Directive, the so-called Nitrates Directive 91/676/EEC, the Environmental Quality Standards Directive, the Floods Directive 2007/60/EC or the EU’s goals of adapting to climate change and increasing the Union’s resilience to crises.

First EU soil law

As a consequence of the processing of proposal SWD(2023) 418 final, the Soil Monitoring Directive entered into force on December 16, 2025. Its overarching goal is to ensure the health of soils across Europe by 2050. The directive covers all aspects of degradation, from erosion and compaction to contamination and sealing.

This directive establishes a framework and measures for:

1. Monitoring and evaluation of soil health,
2. soil resistance,
3. management of contaminated sites.

Applies to all soils, including forests, agricultural land and urban areas.

Implementation of the directive’s requirements is expected to help improve soil health and resilience. The rules introduced to limit land-taking activities are intended to help protect the soil, especially agricultural land, and its many services, including food security.

The directive is intended to address the long-standing problem of land contamination in the EU. It recommends appropriate risk reduction measures for unacceptable risks to human health or the environment.

In addition, the new directive is expected to expand public knowledge of soil health and resilience, contributing to the EU’s climate and biodiversity goals, as well as to competitiveness and food security.

The role of member states and the EC in implementing the new soil law

As the EC points out, the new law does not establish binding targets, prohibit activities or require new permitting procedures. Moreover, it does not infringe on national spatial planning powers.

Under the new legislation, member states have been required to monitor and assess the state of the soil, adapting requirements and solutions to local conditions. Every six years, member states are to electronically submit data and information to the EC and the European Environment Agency on:

• Monitoring and evaluation of soil health;
• Soil health trend analyses for soil indicators;
• progress with support for soil health and resilience, and the identification and investigation and registration of potentially contaminated sites, as well as the management of contaminated sites.

In addition, by December 17, 2028, Member States are required to bring into force the laws, regulations and administrative provisions necessary to implement this Directive.

During the implementation of the new regulations, member countries will be able to benefit from EC support, including capacity building and a new soil health data portal.

As announced, the EC has already made available a guide to funding opportunities for requirements under the new legislation. In addition, it is to assess emerging gaps and needs on an ongoing basis, and will conduct an evaluation of the directive’s implementation by June 17, 2033.

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In the article, I used:

https://environment.ec.europa.eu/news/first-eu-law-soil-set-enter-force-2025-12-05_en
https://sip.lex.pl/akty-prawne/dzienniki-UE/dyrektywa-2025-2360-w-sprawie-monitorowania-i-odpornosci-gleby-prawo-o-72532961