PART 9PROJECTS WITH SIGNIFICANT TRANSBOUNDARY EFFECTS
Projects in another EEA State likely to have significant transboundary effects31
1
Where the Scottish Ministers receive from an EEA State F1... information which that EEA State has gathered from the applicant of a proposed project in that EEA State which is likely to have significant effects on the environment in Scotland, the Scottish Ministers must F2...—
a
enter into consultations with that EEA State regarding, amongst other things, the potential significant effects of the proposed project on the environment in Scotland and the measures envisaged to reduce or eliminate such effects;
b
determine in agreement with that EEA State a reasonable period, before a regulatory approval is given for the project, during which members of the public in Scotland may submit to the competent authority in that EEA State representations F3...; and
c
so far as they have received such information, notify the consultation bodies and the public concerned of the content of any decision of the competent authority of the relevant EEA State and in particular—
i
any conditions attached to it;
ii
the main reasons and considerations on which the decision was based including, if relevant, information about the participation of the public; and
iii
a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects that have been identified.
2
The Scottish Ministers must also—
a
arrange for the information referred to in paragraph (1) to be made available, within a reasonable period of time, both to the authorities in Scotland which they consider are likely to be concerned by the project by reason of their specific environmental responsibilities, and to the public concerned in Scotland; and
b
ensure that those authorities and the public concerned in Scotland are given an opportunity, before a regulatory approval for the project is granted, to forward to the competent authority in the relevant EEA State, within a reasonable time, their opinion on the information supplied.