doc__table__72 — 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

| 58. | It must be borne in mind, however, that operators bear the responsibility to prevent damaging occurrences without delay and to immediately manage damage factors. These responsibilities imply a need for operators to independently recognise damage factors linked to their occupational activities and to proactively respond to them. Furthermore, relevant provisions of the Directive indicate that the assessment of significance should take place against the backdrop of a dynamic relationship between the operator and the competent authority, with the former required to actively provide information and respect instructions given by the competent authority (84). These can include an instruction to the operator to carry out his own assessment and to supply any information and data necessary (85). This dynamic relationship is especially important where adverse effects have already occurred and it is necessary to take remedial measures.

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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.