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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

| 224. | The determination of significance does not require that the risk will have manifested itself in actual harm. Actual harm to human health does not need to be shown for the definition of land damage to apply; nor does it need to be shown that, through dispersion, the risk has already manifested itself in contamination of another environmental medium such as water. Thus, if an individual waste-water treatment system poses, by reason of defective design, location or operation, a measurable risk of human pathogens passing through the soil to reach an already contaminated drinking water source, the definition of land damage will apply without the need to prove that the deficient treatment system has caused the actual pollution of the well.

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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.