The Pollution Prevention and Control (Scotland) Regulations 2012

13.—(1) This paragraph applies where—

(a) the Scottish Ministers are aware that an application or a proposed variation notice relates to a substantial change in the operation of an installation carrying out activities listed in Annex I to the Industrial Emissions Directive which are likely to have significant negative effects on the environment of another Member State, or

(b) such a Member State requests information relating to such an application or notice.

(2) Where this paragraph applies the Scottish Ministers must give to the Secretary of State for onward transmission to the other Member State for the purposes of Article 26 of the Industrial Emissions Directive—

(a) a copy of the application or proposed variation notice,

(b) a copy of the advertisement made under paragraph 4(8),

(c) where applicable, a copy of the draft determination in respect of such an application together with a copy of the advertisement under paragraph 9, and

(d) any additional information which they consider relevant to the determination of the application or proposed variation notice, having regard for that purpose to Article 26.

(3) The Scottish Minsters must comply with sub-paragraph (2)—

(a) at the same time as the application, proposed variation or draft determination are advertised under paragraphs 4(8) and 9, or

(b) if this paragraph applies after the date of such advertisement, and the application or proposed variation has not been determined, as soon as possible thereafter.