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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

| 144. | As already noted, it is useful to make a basic distinction between damage that affects groundwaters and damage that affects surface waters, since the five reference concepts are aligned with this basic distinction. It is possible that adverse effects will affect both groundwater and surface water and more than one division of surface water, but, if so, the damage will need to be assessed with reference to each relevant water class or division. This is because reference concepts and relevant quality elements vary according to water class or division. For damage affecting surface waters, for instance, the reference concepts of ‘ecological status’ and ‘ecological potential’ make it necessary to refer to the different divisions of surface water mentioned in the last paragraph.

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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.