The Roads (Northern Ireland) Order 1993

Other Member States N.I.

67B.—(1) This Article applies if—

(a) it appears to the Department that a project to which Article 67(4) applies is likely to have a significant effect on the environment in another Member State; or

(b) a Member State the environment of which is likely to be significantly affected by such a project asks the Department for information about the project.

(2) The Department must give the Member State—

(a) a description of the project, together with any information available to the Department which suggests that the project may have a significant effect on the environment in the Member State;

(b) any information which the Department has as to the nature of the decision which may be taken on the project;

(c) information about the environmental impact assessment procedure (if the Department considers it appropriate); and

(d) a reasonable period within which to indicate whether the Member State wishes to participate in that procedure.

(3) Paragraph (2)(a) and (b) must be complied with no later than the date of publication referred to in Article 67A(1).

(4) If the Member State indicates that it wishes to participate in the environmental impact assessment procedure, the Department must give to the Member State—

(a) a copy of the environmental statement for the project (if it has not already done so); and

(b) any information about the environmental impact assessment procedure which it considers appropriate to give and which it has not already given to the Member State.

(5) The Department must—

(a) arrange for the information which it has given to the Member State to be made available, within a reasonable time, to—

(i) the authorities referred to in Article 6(1) of the Directive; and

(ii) members of the public in the Member State who are likely to be concerned; and

(b) ensure that those authorities and members of the public who are likely to be concerned are given a reasonable opportunity to give the Department their views before it decides whether to proceed with the project to which the environmental impact assessment relates.

(6) The Department must, in accordance with Article 7(4) of the Directive -

(a) enter into consultations with the Member State concerned regarding, among other matters, the potential significant effects of the project on the environment of that Member State and the measures envisaged to reduce or eliminate those effects; and

(b) agree with that Member State a reasonable period for those consultations.

(7) Where a Member State has been consulted in accordance with paragraph (6) and the Department has decided whether to proceed with the construction or improvement for which an environmental impact assessment has been made it must inform the Member State of the decision and must give it documents containing the matters referred to in Article 67A(8).