The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013

Transboundary projects in other member States

20.—(1) This regulation applies where the Secretary of State receives information from another member State concerning the operation (or proposed operation) of a combustion installation in that member State which is likely to have significant negative effects on the transboundary area (“transboundary effects”).

(2) The Secretary of State must—

(a) consult the other member State about the transboundary effects;

(b) promptly make available to the public and such authorities as the Secretary of State thinks fit the information received from the other member State and any additional information derived from the consultation with that State;

(c) give the public and the authorities a reasonable opportunity to provide written comments to the Secretary of State concerning the transboundary effects.

(3) The Secretary of State must provide to the other member State any comments it receives under paragraph (2)(c).

(4) To the extent that the Secretary of State is informed by the other member State of—

(a) that State’s decision concerning the operation of the installation referred to in paragraph (1); and

(b) the reasons for that decision,

the Secretary of State must as soon as possible make that information available to the public and such authorities as the Secretary of State thinks fit.

(5) In this regulation, “transboundary area” means the areas described in—

(a) paragraphs (a), (b) and (c) of the definition of the offshore area; and

(b) paragraph (b) of the definition of the relevant gas area, where that lies beyond the area described in paragraph (a).