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17. Where the Department is aware that an application or a proposal to serve a variation notice mentioned in paragraphs 5(1) or 12(1) relates to a substantial change in the operation of an installation carrying out activities listed in Annex I of the IED in Northern Ireland which is likely to have significant negative effects on the environment of another Member State, or where another Member State likely to be significantly affected so requests, the Department shall forward—
(a)a copy of the application or proposed variation notice and a copy of the advertisement made under paragraphs 6(1) or 14(1); and
(b)where applicable, a copy of the draft determination in respect of that application together with a copy of the advertisement made under paragraph 9,
to the other Member State at the same time as the application, proposed variation notice or draft determination notice is advertised pursuant to paragraphs 6(1), 14(1) or 9 (or as soon as it becomes so aware or receives such a request, if it becomes so aware or receives such a request after the application, proposed variation notice or draft determination is advertised but before the application is determined or the proposed variation notice is served) in order that the application, draft determination or proposed variation notice may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and the other Member State on a reciprocal and equivalent basis, as referred to in Article 26 of the IED.
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