lexiara

doc__table__235

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

| 210. | Annex II.2 makes reference to ‘contaminants’. This, the use of the term ‘contamination’ itself, and the link to human health, indicates that, for land damage to arise, there must not only be a presence of ‘substances, preparations, organisms and micro-organisms’ which have intrinsic properties that may be directly or indirectly hazardous, but there must also be a significant risk for human health. The significance of the risk is assessed based on the known hazards and the level of human exposure to certain contaminants. Taking into account the list of occupational activities in Annex III of the Directive, the following may all be potentially relevant: — Substances naturally present in nature, such as heavy metals and nutrients; — Substances naturally present in nature, but which may have undergone some form of processing, as will be the case with petroleum products; — Purely man-made substances and preparations, such as manufactured chemicals; — Organisms or micro-organisms naturally present in nature, including human pathogens such as Salmonella or E-coli; — Genetically modified organisms.

· All articles ·

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.