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| 45. | Finally, the definition of ‘damage’ allows for the possibility that adverse changes or impairments may occur both directly and indirectly. ‘Directly or indirectly’ concerns the causal link between a damaging occurrence, on the one hand, and specific adverse effects, on the other. Sometimes the causal link will be direct, as where an operator’s act of deforestation destroys a protected natural woodland habitat. Sometimes it will be indirect, as where nutrient discharges to a water body lead to the deterioration of a distant protected aquatic habitat. For the chain of cause and effect, it is useful to refer to a source-pathway-receptor model. Damage factors associated with an occupational activity (i.e. source), may pass through air, water or land (i.e. pathway) before affecting a specific natural resource (i.e. receptor). In Case C-129/16, Túrkevei Tejtermelő Kft., the Court noted that, while air pollution as such does not constitute environmental damage, damage to natural resources may arise as a result of air pollution (78). A damaging occurrence may be separated from the adverse effects it causes in terms of time (e.g. the natural resource suffers a delayed reaction) or space (e.g. the natural resource suffers adverse effects at a location which is distant from where the damaging occurrence arose) or in terms of the natural resources involved (e.g. an act consisting of applying a toxic substance to land causes the death of a protected species). The notion that adverse effects can occur indirectly is also related to the functions that natural resources provide for each other.

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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.