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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

| 122. | Subject to the criteria on non-significance mentioned at paragraphs 124 and 125 below, for purposes of remedial measures in respect of a protected species, adverse changes will be significant and impairments will arise if, in respect of the population affected, they result in one or more of the following: — A measurable permanent or interim population loss (including the loss of a specimen or specimens) or deterioration in the health of a population which affects population dynamics in the area where the adverse effects occur. Population loss may arise through mortalities causally linked to the damaging occurrence. A deterioration in the health of a population might involve, for example, forms of harm such as the bioaccumulation of toxins or deleterious genetic modifications following cross-fertilisation with genetically modified individuals that are deliberately released into the environment (128); — A measurable permanent or interim reduction in the range of the species concerned; — A measurable permanent or interim reduction in habitats available to the species concerned for its long-term maintenance; — A measurable permanent or interim impairment of natural services linked to the population loss, range reduction or reduction in available habitats; — A measurable gap between the time when the adverse effects occur and the time when, for the population, extent of range, and availability of habitats, the baseline condition is restored.

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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.