doc__table__69 — 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

| 56. | The purpose of identifying a need for remedial measures is closely related to the Directive’s specific requirements on remedial measures, which are described in detail in Annex II. In the case of damage to protected species and natural habitats, and water damage, remedial measures are aimed at restoring the environment to its baseline condition (see Box 4 below) by way of primary, complementary and compensatory remediation, all of which terms are defined. As can be seen, these requirements focus on the environment that has been adversely affected, rather than on the damage factors – although further management of damage factors cannot be excluded, as the Folk case indicates (83). In the case of land damage, remedial measures are aimed at further management of damage factors, if such factors remain a significant risk to human health even after fulfilment of the second purpose mentioned above. Box 4: Definition of ‘baseline condition’

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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.