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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

| 43. | With regard to adverse effects, the definition of ‘damage’ relates, firstly, to an ‘adverse change’ to a natural resource and, secondly, to ‘impairment’ of a natural resource service. More precision is found in the definition of ‘environmental damage’, but it is useful to keep in mind three general considerations: — Both ‘adverse change’ and ‘impairment’ imply adverse effects; — These adverse effects concern both the state of a natural resource and the beneficial functions performed by the natural resource for both other natural resources and people. Adverse effects therefore include not only adverse effects on the properties of a natural resource but also adverse effects on the interdependencies and dynamic relationships within and between natural resources and services, i.e. the functions that natural resources provide to each other as well as the public; — The notions of change and impairment imply a difference between the situation ‘before’ and the situation ‘after’ a damaging occurrence.

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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.