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Significant effects in other Member States

Where a Member State is aware that a project is likely to have significant effects on the environment in another Member State, the Member State in whose territory [1] [2] [3] [4] [5] [6] [7]

the project is intended to be carried out shall as soon as possible send to the affected Member State a description of the project, together with any available information on its possible transboundary impact, and information on the nature of the decision which may be taken. The same applies if a Member State likely to be significantly affected so requests. If the affected Member State indicates that it intends to participate in the environmental decision-making procedure it is to be provided with certain information, including the request for development consent. The information shall also be made available to the public concerned in the territory of the Member State likely to be significantly affected. The public concerned and the relevant authorities of that Member State shall then be given an opportunity, before development consent for the project is granted, to forward their opinion within a reasonable time to the competent authority in the Member State in whose territory the project is intended to be carried out. 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 these effects. (Art 7.)

  • [1] CaseC-72/12 Gemeinde Altrip ECLI:EU:C:2013:712, para 38.
  • [2] 24 Case C-137/14 Commission v Germany ECLI:EU:C:2015:683, para 54.
  • [3] Ibid, paras 91—92.
  • [4] 26 CaseC-263/08 Djurgarden-Lilla VartansMiljoskyddsforeningECLI:EU:C:2009:631, para 45. Inthis case the Court found a requirement for NGOs to have at least 2,000 members to be incompatiblewith the Directive. Ibid, para 52.
  • [5] Case C-137/14 Commission v Germany (n 24), para 60.
  • [6] Case C-115/09 Bund fUr Umwelt undNaturschutz Deutschland ECLI:EU:C:2011:289, para 41.
  • [7] CaseC-570/13 GruberECLI:EU:C:2015:231, para 40.
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