Heading III.

Article 15.5.5.

The operator does not need to bear the costs of remediation measures taken on the grounds of this title, if he demonstrates that:

  1. he was not at fault or negligent;
  2. the environmental damage was caused by an emission or incident that is expressly permitted on the grounds of, and entirely consistent with the conditions of, a licence granted under or by virtue of prevailing federal and regional provisions and implementing orders that implement the Community legislative measures stated in appendix IV, as applied on the date of the emission or incident.