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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

| 166. | When estimating and measuring the baseline condition and any changes and impairments, it may be necessary to take account of damage factors that have been causing effects over a very long period. For example, the present-day operator of an occupational activity discharging pollutants into a water body may have been continuously doing so over a period that includes a period pre-dating the 30 April 2007 (see paragraph 24 above). As a result, some damage (in the form of polluted sediments in a river, for instance) may pre-date the implementation date of the Environmental Liability Directive. Subsequent damage will, however, potentially be covered; the operator may be in contravention of an authorisation requirement applicable after 30 April 2007, for instance. In such circumstances, it will be necessary to distinguish the subsequent damage and the earlier damage for purpose of estimating the baseline condition and measuring adverse changes and impairments.

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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.