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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

| 171. | For ‘water damage’, the Environmental Liability Directive does not provide an equivalent to the criteria of Annex I for assessing and determining the significance of ‘damage to protected species and natural habitats’. Nor does it set out the optional basis found in that annex for treating certain adverse effects as non-significant. However, Annex II.1.3.3. indicates that competent authorities have some margin of discretion when it comes to the extent of the remedial measures that an individual damaging occurrence will require.

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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.