Projects affecting other States12
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 other member State or where any other member 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 member 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 member 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 member 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 other member 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 member 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 approval or, as the case may be, any notice served by the Secretary of State pursuant to paragraph 11(3) above (notice by Secretary of State 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 which is relevant to that project.
3
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 an EEA State other than a member State or any such EEA 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 State in question the environmental statement relating to that project at the same time as it is made available to the public pursuant to these Regulations or where a request is made after the date on which the environmental statement is made available to the public, as soon as reasonably practicable after receipt of the request by the Secretary of State.
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.