85.—(1) Where—

(a) an activity in respect of which an application for a licence or the review of a licence or a revised licence has been made to the Agency, or

(b) an activity the subject of a licence or revised licence a review of which under section 90 the Agency proposes to conduct,

is likely to have a significant adverse effect on the environment in another Member State of the European Communities, the Minister shall inform that other state of the application or the review.

(2) Where another Member State of the European Communities requests the State to provide to it information in relation to an activity licensable under this Part which, in the opinion of the first-mentioned state, is likely to have a significant adverse effect on that state's environment, the Minister shall request the Agency to provide that state with information in relation to the activity.

(3) Where it comes to the notice of the Agency that an activity or a proposed activity in another Member State of the European Communities is likely to have a significant adverse effect on the environment in the State, the Agency shall inform the Minister of the matter and, when requested to do so by him, assess the matter and advise the Minister of the effect on the environment in the State of that activity.

(4) The Minister may by regulations—

(a) provide for specified procedures to be followed, additional to those specified by or under any other provision of this Act, with respect to—

(i) the determination of an application for a licence or for the review of a licence or a revised licence, and

(ii) the review by the Agency, of its own volition, of a licence or a revised licence,

where such licence relates to an activity emissions from which are likely to have a significant adverse effect on the environment in another Member State of the European Communities,

(b) provide for specified procedures to be followed by persons in the State in circumstances where it comes to the notice of such persons that emissions from an activity in another Member State of the European Communities, being an activity the operation of which requires a permit under the F125[Industrial Emissions Directive], are likely to have a significant adverse effect on the environment in the State.

(5) Without prejudice to the generality of subsection (4), regulations under that subsection may make provision for the following—

(a) in respect of an activity to which subsection (1) or (2) applies—

(i) requiring the Agency to notify the Minister that the activity is being carried on or is proposed to be carried on;

(ii) requiring the Agency to submit information to the Minister regarding the activity;

(iii) requiring the Agency to provide information to the other state concerned, its competent authority for the purposes of the F126[Industrial Emissions Directive] (in this paragraph referred to as the "competent authority of that state") or other persons in that state;

(iv) requiring the Agency to consult with the competent authority of that state;

(v) requiring the Agency to take into consideration any comments from the state concerned, the competent authority of that state or any person in that state;

(vi) enabling the attachment of conditions to a licence or revised licence in order to reduce or eliminate the possible adverse effects on the environment of another Member State of the European Communities;

(vii) extending the period in which a decision is to be made under this Act or any other step is to be taken;

(viii) requiring the Agency to inform the other state concerned of the decision under this Act and to provide to it information in relation to the decision;

(b) in respect of an activity to which subsection (3) applies—

(i) requiring the Agency to request the competent authority, for the purposes of the F127[Industrial Emissions Directive], of the other state concerned (in this paragraph referred to as the "competent authority of the other state concerned") to provide to it information regarding the activity or proposed activity;

(ii) requiring the Agency to consult with the competent authority of the other state concerned;

(iii) requiring the Agency to publish notices in relation to information provided to it pursuant to a request referred to in subparagraph (i);

(iv) requiring the Agency to invite comments in relation to information as aforesaid and to forward such comments to the competent authority of the other state concerned in relation to the activity or proposed activity;

(v) enabling the Agency to make submissions or observations to the competent authority of the other state concerned in relation to the activity or proposed activity.

(6) The Minister may by regulations provide that this section shall apply to a Member State of the EEA as it applies to a Member State of the European Communities.

(7) In subsection (6) "Member State of the EEA" means a state that is a contracting party to the Agreement on the European Economic Area signed at Oporto on the 2nd day of May, 1992, as amended for the time being.]