The Environmental Permitting (England and Wales) Regulations 2010

Consultation with other member States

10.—(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.