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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

| 31. | The duties to establish the liable operator, to assess the significance of environmental damage and to determine the remedial measures require the competent authorities to have and to apply relevant information about the damaging occurrence, the occupational activity, the environmental damage and the causal link between them, as well as the operator carrying out the activity. Paragraphs 32 to 37 below describe several potential kinds and sources of relevant information. It should be borne in mind, however, that complete information may not always be readily available and that the competent authorities may need to act swiftly. In such circumstances, the precautionary principle will justify competent authorities intervening on the basis of a reasonable belief that environmental damage has occurred or will imminently occur.

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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.