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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

| 138. | The definition of ‘good ecological potential’ also contains a reference to Annex V and refers to artificial or heavily modified water bodies. More specifically, Annex V, 1.2.5 defines the maximum, good and moderate ecological potential of artificial and heavily modified water bodies and does so by referring to the same quality elements that are used for ecological status for the closest other comparable surface waters figuring in Annex V, i.e. rivers, lakes, transitional waters and coastal waters. It reflects the values of these quality elements as far as possible, whilst also taking into account the unavoidable impact of the physical conditions which result from the artificial or heavily modified characteristics of the water body concerned – for example, a canal or port. All of this means that, as a reference concept, ‘ecological potential’ is very closely linked to ‘ecological status’.

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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.