Article 3 › 6

Member States shall ensure that, in assessing whether the damage or likely damage is substantial, as regards conduct listed in paragraph 2, points (a) to (e), point (f)(ii), points (j) to (m), and point (r), one or more of the following elements is taken into account, where relevant: (a) the baseline condition of the affected environment; (b) whether the damage is long-lasting, medium-term or short-term; (c) the extent of the damage; (d) the reversibility of the damage.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04