Member States may allow the operator not to bear the cost of remedial actions as required by the proposed Directive, if he demonstrates that he was not at fault or negligent. However, this possibility will only apply if he is able to demonstrate tha
t the environmental damage was caused by an emission or activity expressly authorised by the competent national authority and that the emission, act
ivity, or manner of using a certain product in the course of an activity, was not considered likely to cause environmental damage, in the light
...[+++] of the state of scientific and technical knowledge at the time of the event.