Environmental Engineering Reference
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and shall give the other Member State a reasonable time in which to
indicate whether it wishes to participate in the Environmental Impact
Assessment procedure, and may include the information referred to in
paragraph 2.
2.
If a Member State which receives information pursuant to paragraph 1 indicates that it
intends to participate in the Environmental Impact Assessment procedure, the Member
State in whose territory the project is intended to be carried out shall, if it has not
already done so, send to the affected Member State the information gathered pursuant
to Article 5 and relevant information regarding the said procedure, including the
request for development consent.
3.
The Member States concerned, each insofar as it is concerned, shall also:
(a) arrange for the information referred to in paragraphs 1 and 2 to be made
available, within a reasonable time, to the authorities referred to in Article 6(1)
and the public concerned in the territory of the Member State likely to be
significantly affected; and
(b)
ensure that those authorities and the public concerned are given an opportunity,
before development consent for the project is granted, to forward their opinion
within a reasonable time on the information supplied to the competent authority in
the Member State in whose territory the project is intended to be carried out.
4.
The Member States concerned shall enter into consultations regarding, inter alia, the
potential transboundary effects of the project and the measures envisaged to reduce or
eliminate such effects and shall agree on a reasonable time frame for the duration of
the consultation period.
5.
The detailed arrangements for implementing the provisions of this Article may be
determined by the Member States concerned.
Article 8
The results of consultations and the information gathered pursuant to Articles 5, 6 and 7
must be taken into consideration in the development consent procedure.
Article 9
1.
When a decision to grant or refuse development consent has been taken, the competent
authority or authorities shall inform the public thereof in accordance with the
appropriate procedures and shall make available to the public the following
information:
—
the content of the decision and any conditions attached thereto,
—
the main reasons and considerations on which the decision is based,
—
a description, where necessary, of the main measures to avoid, reduce and, if
possible, offset the major adverse effects.
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