doc__table__22 — COMMISSION NOTICE Guidelines providing a common understanding of the term…

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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

| 12. | The main relevant occupational activities (25) are those described in Annex III of the Directive. Operators of these may be liable for all three categories of environmental damage under the Directive. Moreover, the liability of operators covered by Annex III is strict, i.e. it is not dependent on their having acted or omitted action on the basis of fault (intent or negligence). For strict liability to apply, it is sufficient that a causal link is established between the environmental damage and the occupational activity. The eighth recital of the Directive sets out the rationale for bringing the occupational activities described in Annex III within its scope. It states that the Directive should apply to occupational activities which present a risk to human health orthe environment, adding: ‘Those activities should be identified, in principle, by reference to the relevant [Union] legislation which provides for regulatory requirements in relation to certain activities or practices considered as posing a potential or actual risk for human health or the environment’.

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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.