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23Strategy for Soil Protection - COM(2006)231 finalThe thematic strategy for soil protection consists of acommunication from the Commission to the otherEuropean institutions, a proposal for a frameworkdirective (a European law), and an impact assessment.The communication sets the frame, explaining whyfurther action is needed to ensure a high level of soilprotection, setting the overall objective of the strategy,and outlining the kind of measures that need to betaken. It establishes a ten-year work programme for theEuropean Commission.The proposal for a framework directive (COM(2006)232) sets out common principles for protecting soilacross the EU. Within this common framework, the EUMember States will be in a position to decide how best toprotect soil and how to use it in a sustainable way withintheir own territory.The Impact Assessment (SEC (2006) 1165 andSEC(2006) 620) contains an analysis of the economic,social, and environmental impacts of the differentoptions that were considered in the preparatory phase ofthe strategy and of the measures finally adopted by theCommission.From the beginning, UEPC has been closely involved inthe preparatory work for this strategy through itsparticipation in the working groups and its response tothe online consultation in 2006.On 12 June 2007, UEPC voiced concerns on theproposal for a directive establishing a framework for theprotection of soil (COM(2006) 232 final). In this note,UEPC explains that it is not opposed to the precautionaryprinciple if it is interpreted correctly, but that itstrongly opposes an interpretation of the precautionaryprinciple stipulating that all development should beprevented unless it can be proved to have no negativeimpact.According to UEPC, the directive should explicitly forbidMember States from implementing administrativemeasures that impose-remediation obligations on the owner merely byvirtue of his ownership status, or-a reversal of the burden of proof to thedetriment of the owner of the contaminated site.In spite of various attempts made by the EuropeanPresidency, it was not possible to reach an agreement ona draft directive in 2007.In December 2007, a UEPC representative met with theEuropean Parliament rapporteur and was able tohighlight once more the UEPC position in this area.Construction and Demolition Waste ManagementPractices and Their Economic ImpactsIn June 2006 the Council published its conclusions onthe thematic strategy on the prevention and recycling ofwaste.Regulation (EC) No 1013/2006 onShipments of WasteUEPC drew the attention of its members to thisregulation, as it also affects construction and demolitionwaste.Member States are invited to apply the same Europeanrecommendations to shipments within and throughtheir own territories.Waste – Excavated Soil Directive 2004/35/EC -European Judgment of 7 September 2004(‘Van de Walle’ Judgment)UEPC prepared the draft of a written question for theEuropean Parliament.UEPC fully supports the principle that prospectivebuyers should be aware of soil status and that everyconveyance of land should be accompanied by a soilstatus report.