Public participation
Article 8
1
The public shall be informed, by public notices or other appropriate means, such as electronic media where available, of the following matters early in the procedure for granting a permit or, at the latest, as soon as the information can reasonably be provided:
a
the application for a permit;
b
where applicable, the fact that a decision concerning an application for a permit is subject to consultation between the Member States in accordance with Article 16;
c
details of the competent authorities responsible for taking the decision, those from which relevant information can be obtained, those to which comments or questions can be submitted, and details of the time schedule for transmitting comments or questions;
d
the nature of possible decisions;
e
where applicable, the details relating to a proposal for the updating of a permit or of permit conditions;
f
an indication of the times and places where, or the means by which, the relevant information will be made available;
g
details of the arrangements for public participation made pursuant to paragraph 7.
2
Member States shall ensure that, within appropriate time frames, the following are made available to the public concerned:
a
in accordance with national legislation, the main reports and advice transmitted to the competent authority at the time when the public were informed in accordance with paragraph 1;
b
in accordance with the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information , any information in addition to that referred to in paragraph 1 of this Article which is relevant for the decision in accordance with Article 7 of this Directive and which only becomes available after the time the public have been informed in accordance with paragraph 1 of this Article.
3
Member States shall take appropriate measures to ensure that the public are informed, in accordance with paragraph 1 of this Article, of an update of permit conditions in accordance with Article 7(4).
4
The public concerned shall be entitled to express comments and opinions to the competent authority before a decision is taken.
5
The results of the consultations held pursuant to this Article shall be duly taken into account in the taking of a decision.
6
When a decision has been taken the competent authority shall, in accordance with the appropriate procedures, inform the public concerned and shall make the following information available to the public concerned:
a
the content of the decision, including a copy of the permit;
b
the reasons and considerations on which the decision is based.
7
The detailed arrangements for public participation under this Article shall be determined by the Member States so as to enable the public concerned to prepare and participate effectively.
OJ L 41, 14.2.2003, p. 26.