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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

| 180. | The following activities under Annex III of the Environmental Liability Directive (165) are the ones most likely to be relevant for damage to marine waters: — Industrial activities under Annex III.1, i.e. operation of installations subject to permit in pursuance of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (166). For example, refining of mineral oil and gas in port areas may result in pollution of coastal waters; — Waste management activities under Annex III.2, i.e. collection, transport, recovery and disposal of waste and hazardous waste subject to permit or registration in pursuance of Council Directive 75/442/EEC on waste and Council Directive 91/689/EEC on hazardous waste (167). For example, damage may result from intentional dumping of waste into the sea, or poor management of landfills along the shore (168); — Manufacture, processing, filling, release into the environment under Annex III.7(a) of dangerous substances as defined in Article 2(2) of Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous substances (169). For example, in marine waters under the jurisdiction of a Member State, there may be accidents and spillages into the sea caused by offshore oil and gas operations (i.e. exploration and exploitation activities). It is to be noted that Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on the safety of offshore oil and gas operations and amending Directive 2004/35/EC (170) (‘the Offshore Safety Directive’) includes in addition some specific provisions and definitions, in particular in its Article 2 n. 5, n. 11, n. 15, n. 16 and Article 7. Thus, it is not the ‘operator’ but the ‘licensee’ of an offshore exploration or production activity causing environmental damage who is liable under the Environmental Liability Directive; — Shipping activities under Annex III.8, i.e. transport by sea concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods, as defined in Council Directive 93/75/EEC. (171) Transport by sea may involve large quantities of goods being shipped in containers, and container loss at sea may constitute damaging occurrences; — Transboundary shipment of waste within, into or out of the European Union under Annex III.12 (requiring an authorisation or prohibited within the meaning of Council Regulation (EEC) No 259/93 (172)). For example, waste may be lost at sea during the course of a waste shipment.

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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.