12.—(1) Regulation 10 (meaning of “European site” in the Conservation (Natural Habitats, &c.) Regulations 1994) is amended as follows.
(2) In paragraph (1)—
(a)in sub-paragraph (b), at the end insert “before exit day”,
(b)omit sub-paragraph (c),
(c)in sub-paragraph (d)—
(i)after “classified”, insert “before exit day”, and
(ii)after “Wild Birds Directive”, insert “or classified after exit day under the retained transposing regulations”, and
(d)for sub-paragraph (e), substitute—
“(e)a site which before exit day has been proposed to the European Commission in accordance with Article 4(1) of the Habitats Directive until such time as—
(i)the site is designated as a special area of conservation under regulation 7 or under the equivalent provision in the other retained transposing regulations; or
(ii)the Scottish Ministers give notice of their intention not to designate the site, setting out the reasons for their decision, in accordance with regulation 112(3).”.
(3) Omit paragraph (2).