lexiara

doc__table__27

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

| 17. | The Directive does not define which occurrences will give rise to a causal link between the occupational activity and the environmental damage or imminent threat. At a number of places in the text of the Directive, there are references to ‘an emission, event or incident’. (32) However, with the exception of ‘emission’ (33), these terms are not defined, and, as Case C-529/15, Folk (34) and Case C-297/19, Naturschutzbund Deutschland — Landesverband Schleswig-Holstein eV show, the Directive covers the consequences of the normal operation of an Annex III occupational activity. In Case C-529/15, the normal operation involved a hydro-electric power-station; in case C-297/19, maintenance of drainage in a wetland. Liability should therefore not be assumed to only arise in respect of one-off accidents or incidents; it may also arise in respect of normal operations and relate to the sorts of circumstances described in paragraphs 18 and 19 below. For ease of reference, the present Guidelines will refer to the range of possible occurrences as ‘damaging occurrences’.

· All articles ·

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