# The Environmental Permitting (England and Wales) Regulations 2010, Paragraph 10: Consultation with other member States


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

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Source: https://www.legislation.gov.uk/ukdsi/2010/9780111491423/schedule/5/paragraph/10 (the official version)
Page: https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2010/schedule-5/paragraph-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.