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The Conservation of Habitats and Species Regulations 2010

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European sites and European marine sites

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8.—(1) Subject to paragraph (2), in these Regulations a “European site” means—

(a)a special area of conservation;

(b)a site of Community importance which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive;

(c)a site hosting a priority natural habitat type or priority species protected in accordance with Article 5(4) of the Habitats Directive (a site in respect of which consultation has been initiated under Article 5(1) of that Directive, during the consultation period or pending a decision of the Council under Article 5(3));

(d)an area classified pursuant to Article 4(1) or (2) of the old Wild Birds Directive or the new Wild Birds Directive; or

(e)a site which has been proposed to the European Commission under regulation 10 (selection of sites eligible for identification as of Community importance), until such time as—

(i)the site is placed on the list of sites of Community importance referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, or

(ii)agreement is reached or a decision is taken pursuant to Article 4(2) of that Directive not to place the site on that list.

(2) In these Regulations, a reference to a European site—

(a)in Part 6 (assessment of plans and projects), is a reference to a European site in Great Britain; and

(b)in any other provision of these Regulations, except where otherwise indicated, is a reference to a European site in England or Wales.

(3) In any enactment other than these Regulations, a reference to a European site within the meaning of these Regulations is a reference to a European site as defined in paragraph (1).

(4) In these Regulations a “European marine site” means a European site so far as consisting of marine areas.

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