S.L. 549.61 Art. 8Transboundary consultations.

(1) Where the responsible authority considers that the implementation of a plan or programme being prepared in relation to its territory is likely to have significant effects on the environment in another Member State, or where a Member State likely to be significantly affected so requests, the Member State in whose territory the plan or programme is being prepared shall, before its adoption or submission to the legislative procedure, forward a copy of the draft plan or programme and the relevant environmental report to the other Member State at the earliest stage possible.

(2) Where a Member State is sent a copy of a draft plan or programme and an environmental report under sub-regulation (1), it shall indicate to the other Member State whether it wishes to enter into consultations before the adoption of the plan or programme or its submission to the legislative procedure and, if it so indicates, the Member States concerned shall enter into consultations concerning the likely transboundary environmental effects of implementing the plan or programme and the measures envisaged to reduce or eliminate such effects: Provided that where such consultations take place, the Member States concerned shall agree on detailed arrangements to ensure that the authorities referred to in regulation 7(3) and the relevant public in the Member State likely to be significantly affected are informed and given an opportunity to forward their opinion within a reasonable time.

(3) Where Member States are required under this regulation to enter into consultations, they shall agree, at the beginning of such consultations, on a reasonable time for the duration of consultations.

(4) In the case where a Member State consults Malta on potential transboundary effects, the provisions of sub-regulations (1), (2) and (3) shall apply mutatis mutandis.