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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

| 83. | So far as land damage is concerned, the provisions of Annex II indicate that the following should at least be considered: the presence, type and concentration of relevant contaminants, their risks and the possibility of their dispersion; the characteristics and function of the soil; and the current and approved future use of the contaminated land. The risk to human health will be significant if, in the specific local environment, there is a measurable change in the level of direct or indirect harmful exposure of human beings to contaminants that can be causally linked to an Annex III occupational activity. Indirect exposure may arise if the contaminated land provides services to other natural resources, for example if it filters pollutants that may reach water, or if there is dispersion of contaminants via the soil, air or water.

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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.