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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

| 46. | The definition of ‘environmental damage’ incorporates and refines the definition of ‘damage’. First of all, with regard to material and geographical scope, it disaggregates and compartmentalises the three categories of ‘natural resource’ that feature in the definition of ‘damage’, i.e. protected species and natural habitats; water; and land. Furthermore, for the first two natural resource categories, it includes certain details that help to determine the geographical scope of obligations under the Directive. Secondly, within each of the natural resource categories, relevant adverse effects are described in more detail by reference to certain concepts (which these Guidelines call ‘reference concepts’). Thirdly, a notion of significance is included to further define the scope of the adverse effects that need to be addressed. A fourth point to note is that the definition of environmental damage does not preclude the possibility that all three sub-categories of natural resource damage will be relevant at the same time. Box 3: Definition of ‘environmental damage’

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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.