doc__table__88 — 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

| 74. | The circumstances giving rise to possible liability under the Directive may also require assessment to address a regulatory failure in respect of another environmental instrument, such as the Environmental Impact Assessment Directive or the Habitats Directive (94). Assessment of significance under the Environmental Liability Directive should not, however, be conflated with – or made subject to – forms of assessment required to address a regulatory failure. Any joint procedure (such as an ex post environmental impact assessment) to correct both a regulatory failure (such as the failure to carry out a required prior environmental impact assessment) and an assessment of significance of changes to a natural resource under the Environmental Liability Directive must be consistent with the requirements of the latter.

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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.