doc__table__40 — COMMISSION NOTICE Guidelines providing a common understanding of the term…

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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

| 30. | Competent authorities must determine the remedial measures to be taken by the operator under Annex II of the Directive (63) on the basis of the identification of the potential remedial measures by the operator and with the cooperation of the relevant operator, as required. In Case C-379/08, Raffinerie Mediterranee (ERG) SpA and others, the Court affirmed the scope for competent authorities to alter the remedial measures, while also pointing to the need to give the operator an opportunity to be heard (64).

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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.