doc__table__91 — 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

| 77. | It can also be inferred from the foregoing that the Directive’s application cannot be excluded on the basis of arbitrary, subjective opinions of what is significant or on the basis of any reliance on socio-economic considerations that are external to the Directive in order to assess and determine significance. Use can, however, where appropriate, be made of the range of exclusions, exemptions (96) and defences (97) provided for in the Directive to address socio-economic considerations or of the proportionality assessments inherent in the Directive (98).

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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.