doc__table__146 — COMMISSION NOTICE Guidelines providing a common understanding of the term…

doctable146

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

| 129. | Secondly, the wording of the exclusions indicate that liability under the Environmental Liability Directive may arise in respect of situations where there is no authorisation whatsoever, but the requirements of Articles 6(3) and 4 and 16 of the Habitats Directive and Article 9 of the Birds Directive are applicable. This will be the case, for example, where an operator ought to have obtained a derogation under Article 16 of the Habitats Directive in order to lawfully carry out an occupational activity but did not obtain one (137).

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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.