ntr39-C_2021118EN.01000101-E0039

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

(39) There is also an incentive for operators to take precautionary measures – that is, measures aimed at avoiding the possibility of environmental damage. Such measures can involve carrying out risk assessments or establishing risk management systems and/or applying risk abatement/mitigating technologies. Although the Environmental Liability Directive does not directly require them, such measures can help to avoid damaging occurrences and may also make it easier for operators to obtain financial security. These measures need to be distinguished from ‘preventive measures’ proper, as prescribed by the Directive in its Article 5.

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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.