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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

| 163. | With regard to impairment of natural resource services, account should be taken of such services where it is evident that a damaging occurrence has significantly adversely affected the status of a water body. Where, for example, a damaging occurrence contaminates a protected surface drinking water source in a lake and at the same time significantly adversely affects the ecological or chemical status of the lake, it will come within the scope of water damage under the Environmental Liability Directive. In such a case, provided the damaging occurrence is the same, there need not be an identity between the damage factors causing the impairment of the service and the damage factors significantly affecting the status. If the damaging occurrence consists of a waste-water spillage, for instance, the damage factors relevant for the impairment of the drinking water service may consist in the introduction of micro-organisms into the drinking water source, whereas the damage factors significantly affecting the status may consist in the introduction of nutrients.

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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.