As part of its 2016-2020 Strategic Work Programme , the IMPEL Network set up the Criteria for the Assessment of the Environmental Damage project (CAED) in the environmental damage thematic area, concerning the criteria for the determination of the environmental damage and imminent threat of damage. This project takes guidance on key terms and definitions of Environmental Damage as a springboard and focusses on the technical/administrative procedures necessary to make determination of Environmental Damage.
The CAED project has been included in the ELD Multi-Annual Rolling Work Programme (MARWP) 2021-2024 of the EU Commission (as activity 1.3) as one of the activities for capacity building and it has strong links with the Commission Notice C(2021) 1860 final titled “Guidelines providing a common understanding of the term “environmental damage” as defined in Article 2 of Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage” published on 25 March 2021 (hereafter called “EU COM Notice”) .
Moreover, this guide is based on the outcomes of the first year of the CAED project (2019) and it is linked to the EU COM Notice.
Finally, as Directive 2004/35/CE (ELD) concerns protected species and natural habitats, water and land, other connected directives are considered:
• Directive 79/409/EEC on the conservation of wild birds (Birds Directive).
• Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (Habitat Directive).
• Directive 2000/60/EC establishing a framework for Community action in the field of water policy (Water Framework Directive).
• Directive 2008/56/EC establishing a framework for community action in the field of marine environmental policy.
• Directive 2006/118/EC on the protection of groundwater against pollution and deterioration.