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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

| 7. | The Environmental Liability Directive is a general, cross-cutting environmental instrument, applying not to one environmental subject-area but to several. As such, it complements other Union instruments that aim to protect the environment. The definition of ‘environmental damage’ expressly refers to four of these: Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (13) [now Directive 2009/147/EC on the conservation of wild birds (14)] (‘the Birds Directive’); Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (15) (‘the Habitats Directive’); Directive 2000/60/EC of the European Parliament and the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (16) (‘the Water Framework Directive’); and Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy (17) (‘the Marine Strategy Framework Directive’). Cross-references to, and an understanding of, legal provisions of these other instruments are necessary to an understanding of ‘environmental damage’.

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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.