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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

| 197. | The scale of both the assessment and determination of significant adverse effects on marine waters under the Environmental Liability Directive needs to be distinguished from that of a MFSD assessment. The Environmental Liability Directive draws on the content of the Marine Strategy Framework Directive, and both directives use certain common terms and concepts and pursue comparable objectives. For example, Article 1(2)(a) of the Marine Strategy Framework Directive provides that marine strategies shall be developed and implemented in order to protect and preserve the marine environment, prevent its deterioration or, where practicable, restore marine ecosystems in areas where they have been adversely affected. But the scale at which intervention is envisaged under each directive is not the same. In particular, the scale of the assessment and determination under the Environmental Liability Directive needs to be reduced in order to measure meaningfully the significant effects of a damaging occurrence with regard to the baseline condition, and in this way serve the objectives of the Environmental Liability Directive.

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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.