doc__table__102 — COMMISSION NOTICE Guidelines providing a common understanding of the term…

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COMMISSION NOTICE Guidelines providing a common understanding of the term ‘environmental damage’ as defined in Article 2 of Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage · European Union

| 87. | ‘Protected species’ cover, firstly, certain species protected under the Nature Directives, and, secondly, any additional species that a Member State decides to include for liability purposes. The second species’ category is at the discretion of Member States, based on the option in Article 2(3)(c) of the Environmental Liability Directive. More than half of the Member States have availed of this option (105). With regard to the first category of species, there is not a perfect overlap between species covered by the Nature Directives on the one hand and the Environmental Liability Directive on the other.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.