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Paragraph 10 Consultation with other member States

Original text. Later amendments are not shown.

(1)

This paragraph applies if—

(a)

an appropriate authority is aware that the grant of a relevant application or regulator-initiated variation is likely to have significant negative effects on the environment of another member State; or

(b)

another member State requests information about a relevant application or about a proposal for a regulator-initiated variation.

(2)

As soon as is reasonably practicable the appropriate authority must—

(a)

send the particulars of the relevant application or regulator-initiated variation to that member State to serve as the basis for bilateral consultations of the type referred to in the relevant Article;

(b)

inform that member State of the relevant information; and

(c)

notify the operator and the regulator that it has complied with paragraphs (b) and (c).

(3)

If a regulator receives notification under sub-paragraph (2)(c), it must not determine the application or make the regulator-initiated variation until the appropriate authority has—

(a)

notified it that the bilateral consultations have been completed; and

(b)

sent it any representations made by the member State.

(4)

In this paragraph—

  • “member State” includes Iceland, Liechtenstein and Norway but only to the extent that there is a relevant application or regulator-initiated variation which relates to the carrying on at an installation of an activity listed in the IPPC Directive;

  • “relevant application” means an application for the grant or variation of an environmental permit in relation to an installation described in sub-paragraph (5) or a Category A mining waste facility;

  • “relevant Article” means—

    1. (a)

      in the case of an application in relation to an installation described in sub-paragraph (5), Article 18 of the IPPC Directive,

    2. (b)

      in the case of an application in relation to a Category A mining waste facility, Article 16 of the Mining Waste Directive; and

  • “relevant information” means—

    1. (a)

      where the relevant application or regulator-initiated variation relates to an installation described in sub-paragraph (5), a matter in paragraph 1 of Annex V to the IPPC Directive,

    2. (b)

      where it relates to a Category A mining waste facility, the information required under Article 16 of the Mining Waste Directive.

(5)

The description in this sub-paragraph is an installation where an activity listed in Annex 1 to the IPPC Directive is carried on.