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Article 26 - Transboundary effects

Comparing 06/01/2011 → 04/08/2024: 0 added, 1 removed, 2 changed Close comparison

Such information shall serve as a basis for any consultations necessary in the framework of the bilateral relations between the two Member States on a reciprocal and equivalent basis.

1.Where a Member State is aware that the operation of an installation is likely tocould have significant negative effects on the environment of another Member State, or where a Member State whichthat is likely tocould be significantly affected so requests, the Member State in whose territory the application for a permit pursuant to Article 4 or Article 20(2) was submitted shall forward to the other Member State any information required to be given or made available pursuant to Annex IV at the same time as it makes it available to the public. On the basis of that information, consultations shall be carried out between the two Member States, while ensuring that the comments from the Member State that could be significantly affected are provided before the competent authority of the Member State in whose territory the application for a permit was submitted reaches its decision. Should no comments be provided by the Member State that could be significantly affected within the period for consultation of the public concerned, the competent authority shall proceed with the permitting procedure.

2.Within the framework of their bilateral relations, Member States shall ensure thatthat, in the cases referred to in paragraph 1, the applicationsapplication arefor a permit is also made available for an appropriate period of timecomments to the public of the Member State likelythat tocould be significantly affected soand that it willremains haveavailable for the rightsame toperiod commentof ontime themit beforewas available in the competentMember authorityState reacheswhere itsthe decision.application was made.

3.The results of any consultations pursuant to paragraphs 1 and 2 shall be taken into consideration when the competent authority reaches a decision on the application.

4.The competent authority shall inform any Member State which has been consulted pursuant to paragraph 1 of the decision reached on the application and shall forward to it the information referred to in Article 24(2). That Member State shall take the measures necessary to ensure that that information is made available in an appropriate manner to the public concerned in its own territory.

Official text · consolidated version 04/08/2024 (in force) Open full page ↗
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