Protection of individual species has historically been the goal of conservation bodies and it has been relatively easy to define which species are under threat. For example the CITES Convention (Convention on International Trade in Endangered Species Flora) clearly defines which species should be protected.  Recently, the focus has shifted away from individual species to conservation of habitats through the use of “keystone” species which act as indicator organisms within a particular environment or ecosystem. However, in cases where the habitat contains species which are unknown, unidentified or difficult to study a different approach needs to be adopted. In soil systems it is unlikely that we may ever know the true number and identify all the species. It is virtually impossible to concentrate on a particular species because the same species may be found elsewhere (in an area not under threat) and they may interact more closely than in above-ground habitats. In these cases, the strategy has been to focus on protecting the function of the ecosystem  - so called “ecosystem services”. That allows a multitiered approach to looking at soil which will embrace the different interaction levels occurring in soil. The complexity in soil, lack of knowledge and technical difficulties present a unique challenge to conserving soil habitats.

In 2006 the European Commission adopted the Thematic Strategy for Soil Protection of European soils. The proposed Directive "lays down a framework for the protection and sustainable use of soil based on the principles of integration of soil issues into other policies, preservation of soil functions within the context of sustainable use, prevention of threats to soil and mitigation of their effects, as well as restoration of degraded soils to a level of functionality consistent at least with the current and approved future use of the land."

The key elements of the Directive as proposed by the Commission are:

1. A requirement for central and local Government to consider the impacts that new policies will have on soils whilst they are being developed (Article 3);
2. A duty on all land-users to prevent or minimise harm to soils (Article 4);
3. A requirement to limit or mitigate the effects of soil sealing (the covering of the soil surface with an impermeable material such as concrete) (Article 5);
4. A requirement to reduce the risks relating to soil erosion, organic matter decline, compaction, salinisation, and landslides, by identifying risk areas, and deciding on a programme of measures to address these risks (Articles 6-8);
5. A requirement to prevent soil contamination, compile an inventory of contaminated sites and remediate those sites listed on the inventory (Articles 9-14); and
6. A requirement to raise awareness of soils issues, report to the Commission, and exchange information (Articles 15-17). (See www.scotland.gov.uk/Publications/2007/07/30113343/5)

Action is required at EU level because:

• Soil is a non renewable natural resource of common interest to Europe because of the crucial functions it performs for society and the ecosystems.
• European environmental legislation is incomplete without soil policy, hampering the objective to reach a high level of environmental protection in Europe.
• Differences among Member States in dealing with soil problems may distort competition within the single market.
• Most of the costs of soil degradation are not borne by the land users, who are responsible for the degradation, but by the tax payers.
• Soil degradation has transboundary consequences.
• As soil contamination may affect the quality of food and feed products.
• The health of the European population can be impaired as a result of soil degradation