The Pipe-line Works (Environmental Impact Assessment) Regulations 2000

Projects affecting other EEA States

10.—(1) Where an environmental statement is submitted to the Secretary of State in connection with an EIA application, he receives an application pursuant to regulation 4(1)(a) above or gives an opinion pursuant to regulation 5(2) above and—

(a) it appears to him that the relevant pipe-line works in question are likely to have significant effects on the environment of another EEA State; or

(b) another EEA State which considers its environment is likely to be significantly affected by such works so requests,

he shall send the EEA State in question as soon as possible and no later than the date on which the environmental statement in respect of the relevant pipe-line works is made available to the public (except in a case where a request is made by an EEA State after that date)—

(i) a description of the relevant pipe-line works, together with any available information on the possible significant effects of the relevant pipe-line works on the environment of the other EEA State; and

(ii) a notice explaining the nature of the decision to be taken as to whether or not to grant consent for the carrying out of the relevant pipe-line works and informing the EEA State in question that it may within such reasonable period as may be specified in the notice request to participate in the procedure relating to the taking of the decision pursuant to these Regulations.

(2) Where another EEA State requests to participate in the procedure under these Regulations in relation to particular relevant pipe-line works, the Secretary of State shall—

(a) save to the extent that he has not already done so, send that EEA State—

(i) a copy of the EIA application (excluding any material which the applicant is not entitled to make available for public inspection or which the Secretary of State has agreed should not be made available for public inspection) and any plan submitted with it;

(ii) the environmental statement in respect of the relevant pipe-line works; and

(iii) to the extent that it is not included in the items referred to in sub-sub-paragraph (i) or (ii) above and subject to paragraph (3) below, any other available information which is relevant to the procedure under these Regulations; and

(b) enter into consultations with the EEA State concerned, for such reasonable period as may have been agreed with that EEA State, regarding, inter alia, the possible significant effects of the relevant pipe-line works on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects.

(3) 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 Great Britain.