The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007

Procedure where a significant project in another EEA State may affect Wales

14.—(1) If the Welsh Ministers receive information from another EEA State made available under Article 7(1) and 7(2) of the EIA Directive (which concern information relating to a project in one EEA State which is likely to have significant effects on the environment of another EEA State) in relation to a significant project in that EEA state, the Welsh Ministers must—

(a) arrange for that information to be made available, in a reasonable time, to the consultation bodies and such members of the public which, in their opinion, are likely to be concerned by the project;

(b) ensure that the consultation bodies and the members of the public referred to in paragraph (a) are given an opportunity to forward their opinion on the information provided to the competent authority in the EEA State during any period agreed under paragraph (2)(b).

(2) In accordance with Article 7(4) of the EIA Directive, the Welsh Ministers must also—

(a) enter into consultations with the EEA State concerned about, amongst other things, the potential significant effects of the project on the environment in Wales and the measures envisaged to reduce or eliminate those effects; and

(b) seek to agree with the EEA State a reasonable period, before consent for the project is granted, during which any opinions received under paragraph 1(b) can be forwarded to that EEA State.

(3) If another EEA State has taken a decision to grant or refuse consent and has informed the Welsh Ministers of that decision in accordance with Article 9(2) of the EIA Directive, the Welsh Ministers must take such steps as they consider appropriate to bring to the attention of the public any information received from that EEA State in relation to that decision.