Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

Projects likely to have significant effects on the environment in another EEA State

12.—(1) Where—

(a) it comes to the attention of the Secretary of State that a project proposed to be carried out in Great Britain is the subject of an application under regulation 4 and is likely to have significant effects on the environment in another EEA State; or

(b) another EEA State likely to be significantly affected by such project so requests,

the Secretary of State shall—

(i) send to the EEA State as soon as possible and no later than their date of publication in the London Gazette, or the Edinburgh Gazette as the case may be, referred to in sub-paragraph (ii) below, the particulars mentioned in paragraph (2) and, if he thinks fit, the information referred to in paragraph (3); and

(ii) publish the particulars in sub-paragraph (i) above in a notice placed in the London Gazette or, where the project is in Scotland, the Edinburgh Gazette, with an indication of where further information is available; and

(iii) give the EEA State a reasonable time in which to indicate whether it wishes to be further consulted in accordance with the provisions of this regulation.

(2) The particulars referred to in paragraph (1)(i) are—

(a) a description of the project, together with any available information on its possible significant effect on the environment in another EEA State; and

(b) information on the nature of the decision which may be taken.

(3) Where an EEA State indicates, in accordance with paragraph (1)(iii), that it wishes to participate in the procedure for which these Regulations provide, the Secretary of State shall as soon as possible send to that EEA State the following information—

(a) a copy of the application for consent to carry out the project concerned;

(b) a copy of the environmental statement in respect of the project to which that application relates including any further information relating to the project provided pursuant to regulation 10(1); and

(c) relevant information regarding the procedure under these Regulations,

but only to the extent that such information has not been provided to the EEA State earlier in accordance with paragraph (1)(i).

(4) The Secretary of State in so far as he is concerned shall also—

(a) arrange for the particulars and information referred to in paragraphs (2) and (3) to be made available, within a reasonable time, to the authorities referred to in Article 6(1) of the Directive and the public concerned in the territory of the EEA State likely to be significantly affected; and

(b) ensure that those authorities and the public concerned are given an opportunity, before consent to the application is granted, to forward to the Secretary of State, within a reasonable time, their opinion on the information supplied.

(5) The Secretary of State shall, in accordance with Article 7.4 of the Directive—

(a) enter into consultation with the EEA State concerned regarding, inter alia, the potential significant effects of the project on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and

(b) determine in agreement with the other EEA State a reasonable period of time for the duration of the consultation period.

(6) Where an EEA State has been consulted in accordance with paragraph (3), on the determination of the application concerned the Secretary of State shall—

(a) send to the Executive within 21 days of receipt any responses made by another EEA State pursuant to consultation under this regulation;

(b) inform the EEA State of the decision; and

(c) forward to it a statement of—

(i) the content of the decision and any conditions attached thereto;

(ii) the main reasons and considerations on which the decision is based; and

(iii) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.