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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

| 172. | The definition of ‘water damage’ excludes form its scope adverse effects where Article 4(7) of the Water Framework Directive applies. Although the Water Framework Directive aims for all water bodies to achieve good status by 2015 (or 2027 in case time-limited exemptions are applied), and in addition prohibits all further deterioration of water bodies, Art 4(7) allows for new modifications/projects to deteriorate the status of the affected water body, subject to the observance of strict criteria set out therein. As deterioration is in such circumstances acceptable under the Water Framework Directive, the water damage resulting from it would not be covered by the Environmental Liability Directive. However, it can be inferred from Case C-297/19, Naturschutzbund Deutschland — Landesverband Schleswig-Holstein, that this exclusion must be interpreted strictly (161).

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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.