S.L. 549.97 ст. 9Prevention and remediation costs.

(1) The operator shall bear the costs for the preventive and remedial actions taken pursuant to these regulations.

(2) Subject to sub-regulations (3) and (4), the competent authority shall recover, via security over property or inter alia, other appropriate guarantees from the operator who has caused the damage or the imminent threat of damage, the costs it has incurred in relation to the preventive or remedial actions taken under these regulations. However, the competent authority may decide not to recover the full costs where the expenditure required to do so would be greater than the recoverable sum or where the operator cannot be identified.

(3) An operator shall not be required to bear the cost of preventive or remedial actions taken pursuant to these regulations when he can prove that the environmental damage or imminent threat of such damage -

(a) was caused by a third party and occurred despite the fact that appropriate safety measures were in place; or

(b) resulted from compliance with a compulsory order or instruction emanating from a public authority other than an order or instruction consequent upon an emission or incident caused by the operator’s own activities.

(4) The operator shall not bear the cost of remedial actions taken pursuant to these regulations where he demonstrates that he was not at fault or negligent and that the environmental damage was caused by:

(a) an emission or event expressly authorised by, and fully in accordance with the conditions of, an authorisation conferred by or given under relevant laws and regulations which implement those legislative measures specified in Schedule III, as applied at the date of the emission or event;

(b) an emission or activity or any manner of using a product in the course of an activity which the operator demonstrates was not considered likely to cause environmental damage according to the state of scientific and technical knowledge at the time when the emission was released or the activity took place.

(5) Measures taken by the competent authority in pursuance of regulations 6(3) and (4) and regulations 7(2) and (3) shall be without prejudice to the liability of the relevant operator under these regulations and without prejudice to Articles 87 and 88 of the Treaty.