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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

| 82. | With regard to the purpose of identifying a need for remedial measures, the provisions of Annex II on damage to protected species and natural habitats, and water damage indicate how a determination of significance and findings on impairment of services should be made in respect of these natural resources. The following all need to be considered in the light of the relevant reference concepts and the notion of impairment of services: measurable permanent loss of an area, part of an area, population or part of a population (101); measurable deterioration of an area, part of an area, or life conditions of a population or part of a population, which is, however, capable of being restored (102); measurable loss of services provided by the areas or populations affected (103); and the measurable time-gap that would arise before the baseline condition could be restored if restoration is possible (104). The adverse effects on the resource will be significant if there is a measurable loss or deterioration in respect of an area or population. As for associated services, there needs to be a measurable loss of the services that these natural resources provide.

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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.