doc__table__145 — 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

| 128. | Firstly, the mere existence of an authorisation under one of the afore-mentioned provisions does not result in the blanket exclusion of adverse effects from the scope of damage to protected species and natural habitats. For the adverse effects to be excluded: — They must have been previously identified; — The causal act must have been expressly authorised. If an operator exceeds the conditions set in an authorisation (by, for example, encroaching more on a habitat than an authorisation allows), liability may arise for adverse effects related to the non-compliance (136).

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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.