Article 9 — Measurements and methodologies

1. Member States shall determine the number and location of sampling points by applying the methodology set out in Annex II, Part A. For the purpose of the first subparagraph, the Commission shall provide Member States with relevant maps of soil descriptors, the initial sampling points and the relevant data linked to sampling points collected under previous LUCAS soil surveys. 2. After determining the number and location of the sampling points and prior to performing the sampling survey, Member States shall notify the Commission of any potential need for support in terms of field sampling and soil analysis as well as any other needs related to the sampling survey. The Commission shall assess the needs for, and set the appropriate level of, support in coordination with the Member States concerned. In the event that the Commission provides support under this paragraph, the Member State concerned shall adapt the sampling survey accordingly. The Member State concerned and the Commission shall set out in a written agreement the practical arrangements for such support. In the event that the Commission provides support for field sampling, the Member State concerned shall ensure that the Commission is able to carry out in situ soil sampling. 3. Member States and, in the event that the Commission provides support under paragraph 2 in accordance with the written agreement referred to in the third subparagraph of that paragraph, the Commission shall carry out soil measurements by taking soil samples at the sampling points referred to in paragraph 1 and collect, process and analyse data as relevant in order to determine the following: (a) the values of the soil descriptors listed in Annex I; (b) where relevant, the values of the additional soil descriptors referred to in Article 7(7). Member States shall be exempt from taking soil samples from sealed soil and areas that underwent soil removal. Member States may exclude the areas not at risk of salinisation from the measurement of electrical conductivity referred to in Annex I, Part A, and shall inform the Commission thereof, providing an explanation. The in situ soil sampling shall be carried out in accordance with the minimum criteria for the methodology for field sampling surveys set out in Annex II, Part A, point 2. For the soil contamination descriptors listed in Annex I, Part C, Member States may limit the sampling points to a relevant subset of the total number of sampling points determined in accordance with paragraph 1, first subparagraph, of this Article. For the descriptor on loss of soil biodiversity listed in Annex I, Part C, Member States shall carry out measurements on at least 5 % of the total number of sampling points determined in accordance with paragraph 1, first subparagraph, of this Article. 4. Provided that the data were collected in the same monitoring cycle during which the sampling survey was performed and according to the methodologies referred to in Annex II, Part A, point 2, and Part B, the soil measurements to be carried out by Member States pursuant to paragraph 3 of this Article may consist of, where relevant, the measurements made by: (a) Member States in accordance with existing national or subnational soil monitoring networks and soil surveys; (b) Member States in accordance with Union and international law; (c) private actors, research organisations and other parties, where available. For the performance of the first soil measurements as referred to in paragraph 8, the cycle for the collection of the data referred to in the first subparagraph of this paragraph shall, to the extent that those data are available, start on 16 December 2024. 5. Member States shall collect, process and analyse data in order to determine the values of the soil sealing and soil removal indicators listed in Annex I, Part D. 6. Member States shall apply the following: (a) the methodologies for determining or estimating the values of the soil descriptors set out in Annex II, Part B; (b) the minimum methodological criteria for determining the values of the soil sealing and soil removal indicators set out in Annex II, Part C; (c) any requirements laid down by the Commission in accordance with paragraph 13 of this Article. Member States may apply methodologies other than those listed in the first subparagraph, points (a) and (b), of this paragraph, provided that validated transfer functions are available, as required in Annex II, part B, fourth column. 7. Member States shall ensure that laboratories, or parties contracted by laboratories, performing the soil measurements to be carried out by Member States pursuant to paragraph 3 apply quality management system practices in accordance with EN ISO/IEC-17025 or with other equivalent standards accepted at Union or international level, and have access to suitably qualified staff with adequate training and to the infrastructure, equipment and products necessary for carrying out soil measurements. When assessing compliance with quality management system practices, Member States may deem it sufficient to have one accreditation for any of the methodologies for determining the values of soil descriptors set out in Annex II, Part B. Member States shall ensure that laboratories, or parties contracted by laboratories, performing the soil measurements to be carried out by Member States pursuant to paragraph 3 demonstrate their competences in relation to analysis of relevant measurands by: (a) participating in proficiency testing programmes covering the methods of analysis at levels of concentration that are representative of soil monitoring programmes, if available; (b) analysing reference materials that are representative of collected soil samples that contain appropriate levels of concentration, if available. Where the Commission carries out soil measurements in accordance with paragraphs 3 and 4, this paragraph shall apply to the Commission. 8. Member States and, in the event that the Commission provides support under paragraph 2, the Commission shall ensure that the first soil measurements are performed by 17 December 2030. 9. Member States shall ensure that new soil measurements are performed every six years within one sampling campaign or as part of a continuous sampling scheme during the relevant six-year period. 10. By way of derogation from paragraph 9 of this Article, Member States may decide, before the second and subsequent sampling campaigns, not to carry out new soil measurements for a soil descriptor in part or in all of their territory if it is reasonable and justified to expect, based on data previously collected pursuant to this Article and Articles 6, 7 and 8, and on the use of scientific evidence, including predictive soil models, supported by a statistically significant amount of field data in terms of geographical and temporal coverage, that the value of such soil descriptor has not evolved significantly with respect to the uncertainty of the measurement since the last monitoring cycle. Member States shall notify the Commission of any such decision without undue delay. The derogation laid down in the first subparagraph shall not apply as regards the carrying out of soil measurements for the same descriptor over two consecutive sampling campaigns. 11. For each monitoring cycle, Member States shall store for at least two monitoring cycles a representative subset of soil samples, in dedicated soil archives. Member States may decide not to store soil samples from their outermost regions. Where Member States store soil samples in their dedicated soil archives, they shall determine the conditions for access to and use of such soil samples. Where Member States decide to transfer a representative subset of their soil samples to the Commission’s dedicated soil archive, the Commission shall provide for that transfer. The Member States and the Commission shall establish the practical arrangements regarding the shipment of those soil samples and the conditions for their access and use. The Commission shall transmit to the Member States any results coming from further checks of relevant parameters or future analysis of new emerging parameters. The Commission shall store the soil samples in accordance with its archiving protocol. 12. Member States shall ensure that the values of the soil sealing and soil removal indicators are updated at least every three years, based on available information. 13. The Commission is empowered to adopt delegated acts in accordance with Article 21 to amend Annex II, Part B, in order to adapt to scientific and technical progress the reference methodologies referred to therein, in particular where values of soil descriptors can be determined by soil remote-sensing products referred to in Article 6(4).