{
  "url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2010/schedule-5/paragraph-10",
  "json_url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2010/schedule-5/paragraph-10.json",
  "legislation": "ukdsi/2010/9780111491423",
  "legislation_title": "The Environmental Permitting (England and Wales) Regulations 2010",
  "legislation_url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2010",
  "path": "schedule/5/paragraph/10",
  "kind": "paragraph",
  "number": "10",
  "heading": "Consultation with other member States",
  "text": "(1) This paragraph applies if—\n(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\n(b) another member State requests information about a relevant application or about a proposal for a regulator-initiated variation.\n(2) As soon as is reasonably practicable the appropriate authority must—\n(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;\n(b) inform that member State of the relevant information; and\n(c) notify the operator and the regulator that it has complied with paragraphs (b) and (c).\n(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—\n(a) notified it that the bilateral consultations have been completed; and\n(b) sent it any representations made by the member State.\n(4) In this paragraph—\n“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;\n“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;\n“relevant Article” means—\n(a) in the case of an application in relation to an installation described in sub-paragraph (5), Article 18 of the IPPC Directive,\n(b) in the case of an application in relation to a Category A mining waste facility, Article 16 of the Mining Waste Directive; and\n“relevant information” means—\n(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,\n(b) where it relates to a Category A mining waste facility, the information required under Article 16 of the Mining Waste Directive.\n(5) The description in this sub-paragraph is an installation where an activity listed in Annex 1 to the IPPC Directive is carried on.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2010/9780111491423/schedule/5/paragraph/10",
    "retrieved_at": "2026-10-30T14:55:48.989463+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}