The Conservation of Habitats and Species Regulations 2017

Consultation as to inclusion of site omitted from the list

14.—(1) Paragraph (2) applies where consultation is initiated by the European Commission in accordance with Article 5(1) of the Habitats Directive (procedure following omission of site hosting a priority natural habitat type or priority species) with respect to a site in England or Wales hosting a priority natural habitat type or priority species, and—

(a) the appropriate authority and the European Commission agree, within the period of six months mentioned in Article 5(2) of the Habitats Directive, that the site should be selected as a site of Community importance; or

(b) the European Council, acting on a proposal from the European Commission in pursuance of Article 5(2) of the Habitats Directive, decides that the site should be so selected in accordance with Article 5(3) of that Directive.

(2) Where this paragraph applies, for the purposes of these Regulations the site is to be treated as having been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive as from the date of the agreement referred to in paragraph (a) or the decision referred to in paragraph (b).