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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

| 21. | The Directive provides for three main categories of obligation on operators: — Where environmental damage has not yet occurred but there is an imminent threat of such damage occurring, operators are required to take the necessary preventive measures (39) without delay (40); — Where environmental damage has occurred, operators are required to take ‘all practicable steps to immediately control, contain, remove or otherwise manage the relevant contaminants and/or any other damage factors in order to limit or prevent further environmental damage and adverse effects on human health or further impairment of services’ (41). For ease of reference, the present Guidelines will refer to these steps as ‘immediate management of damage factors’; — Where environmental damage has occurred, operators are required to take remedial measures (42). They are to identify the appropriate remedial measures in accordance with Annex II of the Directive, and submit them for approval to the competent authority (43).

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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.