Projects affecting other StatesU.K.

12.—(1) Where it appears to the Secretary of State that the carrying out of a relevant project would be likely to have a significant effect on the environment of any F1...[F2EEA State] or where any F1... [F2EEA State] which considers that its environment is likely to be significantly affected by that project so requests, the Secretary of State shall forward to the [F2EEA State] in question as soon as possible and no later than the date on which the environmental statement in respect of that project is made available to the public (except in a case where a request is made by the [F2EEA State] after that date)–

(a)a description of the project together with any available information regarding the possible trans-boundary impact of the project; and

(b)a written notification explaining the nature of the decision to be taken as to whether or not to grant consent in respect of the relevant project and informing the [F2EEA State] in question that it may within such reasonable period as may be specified in the notification request to participate in the procedure relating to the taking of the decision pursuant to these Regulations.

(2) Where any F3... [F2EEA State] requests to participate in the procedure under these Regulations in relation to a relevant project, the Secretary of State shall, save to the extent that he has not already done so, send to that [F2EEA State]–

(a)a copy of the application for consent in respect of the relevant project, a copy of any proposals submitted to the Secretary of State for [F4agreement] or, as the case may be, any notice served by the [F5OGA] pursuant to [F6regulation 11(4)] above (notice by [F5OGA] of project proposed to be carried out by undertaker);

(b)the environmental statement relating to that project; and

(c)to the extent that it is not included in the items referred to in sub-paragraph (a) or (b) above and subject to paragraph (4) below, any other available information [F7of a nature referred to in regulations 9(2) and 10(2)] [F8including the address of the public website referred to in regulation 9(2A)(b).]

F9(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Nothing in this regulation shall require the disclosure by the Secretary of State of any material which is subject to an obligation of confidentiality under the law of any part of the United Kingdom.

[F10(5) For the purposes of this regulation as it applies in respect of a relevant project for which a licence is granted under section 18 of the 2008 Act or related consents, any reference to a relevant project is to a relevant project in respect of which such an environmental statement is required to be prepared.]

Textual Amendments