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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

| 125. | As regards the content of the final paragraph of Annex I: — The first indent refers to negative variations that are smaller than normal natural fluctuations. This relates to the possible non-static nature of the baseline condition mentioned at paragraph 65 above. There is a focus on the size of the negative variations relative to natural variations. — The second indent refers to negative variations due to natural causes or normal site management. The Court considered this indent in detail in Case C-297/19, Naturschutzbund Deutschland — Landesverband Schleswig Holstein e. V. The case concerned regular drainage of a Natura 2000 wetland carried out by a public body in order to serve agriculture. The drainage caused water levels to fall, with adverse effects on a protected bird species, the Black Tern, Chlidonias niger. The Court ruled that the term ‘normal management’ relates to both habitats records and target documents (which concern those management measures directed by competent authorities) as well as previous management by owners or operators (131). It found that ‘in order not to negate the effectiveness of the word ‘normal’ in the context of environmental protection, it should be added that management can be regarded as normal only if it is consistent with good practices such as, inter alia, good agricultural practices.’ (132) The Court also found that the management of a site covered by the Habitats and the Birds Directive can cover agricultural activities, including irrigation, but can be regarded as normal only if it complies with the objectives and obligations laid down in those directives (133). This ruling applies to all sites covered by the Nature Directives, not just Natura 2000 sites (134). So far as Natura 2000 sites are concerned, the importance of appropriate site conservation objectives deserves mention. — The third indent refers to short natural recovery times for habitats or species to a condition equivalent or superior to the baseline condition.

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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.