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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

| 117. | With regard to the situation after the damaging occurrence, the first sentence of the first paragraph of Annex I helps to put the baseline condition in context, referring to conservation status, services provided by amenities, and capacity for natural regeneration. These represent general contextual criteria, i.e. what is generally known about the protected species or natural habitats exposed to adverse effects from the damaging occurrence (the above-mentioned Excel table entitled Biodiversity baseline condition is intended to help). The references in the definition of ‘conservation status’ to the European territory of the Member States to which the Treaty applies, the territory of a Member State and natural range allow for this context to be established at different levels. A rare endemic and geographically confined habitat, for instance, will present a different picture to a habitat that is widely distributed both within and across Member States.

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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.