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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

| 85. | The definition of ‘damage to protected species and natural habitats’ is closely linked to provisions of the Birds Directive and the Habitats Directive. These directives are collectively referred to in these Guidelines as the ‘Nature Directives’. In particular, the Environmental Liability Directive and the Nature Directives share several common concepts. As the fifth recital of the Environmental Liability Directive indicates, when a concept derives from other relevant Union legislation, the same definition should be used so that common criteria can be used and uniform application promoted. At the same time, account needs to be taken of a number of differences of coverage between the Nature Directives on the one hand and the Environmental Liability Directive on the other.

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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.