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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

| 132. | As can be seen from the definitions set out in Box 9, the geographical scope of surface water extends to coastal waters, and, with regard to chemical status, to territorial waters. Territorial waters extend up to twelve nautical miles into the sea from the baseline. Two additional points may be noted. Firstly, so far as surface water is concerned, there is some overlap with marine waters – as can be seen from Box 12 below. Where there is overlap, the Water Framework Directive takes precedence for purposes of the Environmental Liability Directive (see Box 12 and paragraph 175 below). Secondly, the Water Framework Directive includes further relevant sub-divisions of waters, as Box 10 below shows. Thirdly, when it comes to assessing the significance of adverse effects on the waters concerned under the Water Framework Directive, account needs to be taken of geographical limitations linked to the reference concepts for adverse effects. These are considered below. Box 10: Further relevant definitions of sub-divisions of ‘waters’ in the Water Framework Directive.

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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.