reg 20 New regulation 20A
After regulation 20, insert— Projects in another EEA State likely to have significant transboundary effects (20A) (1) Where an appropriate authority receives from an EEA State, pursuant to Article 7(1) or 7(2) of the EIA Directive, information which that EEA State has gathered in respect of a proposed project in that EEA State which is likely to have significant effects on the environment in the relevant UK area, the appropriate authority must, in accordance with Article 7(4) of the EIA Directive— (a) enter into consultations with that EEA State regarding the potential transboundary effects of the proposed project on the environment and the measures envisaged to reduce or eliminate such effects; and (b) determine in agreement with that EEA State a reasonable period, before EIA consent for the project is granted, during which members of the public may submit to the competent authority in that EEA State representations pursuant to Article 7(3)(b) of the EIA Directive. (2) The appropriate authority must also— (a) arrange for the information referred to in paragraph (1) to be made available within a reasonable time, and for a period of no fewer than 30 days, to the authorities which are likely to be concerned by the project by reason of their specific environmental responsibilities and to the public concerned; (b) ensure that those authorities and the public concerned are given an opportunity, before EIA consent 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; and (c) make available to the public concerned any information received from the competent authority of the relevant EEA State, in order to comply with Article 9(2) of the EIA Directive. (3) In paragraph (1), the “relevant UK area” means the United Kingdom and the UK marine area but does not include the Scottish inshore region, except in respect of activities and operations in that region for which a licence is required under Part 2 of the 1985 Act.