Directive 2008/99/EC of the European Parliament and of the CouncilShow full title

Article 2 Definitions

For the purpose of this Directive:

(a)

‘unlawful’ means infringing:

(i)

the legislation adopted pursuant to the EC Treaty and listed in Annex A; or

(ii)

with regard to activities covered by the Euratom Treaty, the legislation adopted pursuant to the Euratom Treaty and listed in Annex B; or

(iii)

a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Community legislation referred to in (i) or (ii);

(b)

‘protected wild fauna and flora species’ are:

(i)

for the purposes of Article 3(f), those listed in:

• Annex IV to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1),

• Annex I to, and referred to in Article 4(2) of, Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(2);

(ii)

for the purposes of Article 3(g), those listed in Annex A or B to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein(3);

(c)

‘habitat within a protected site’ means any habitat of species for which an area is classified as a special protection area pursuant to Article 4(1) or (2) of Directive 79/409/EEC, or any natural habitat or a habitat of species for which a site is designated as a special area of conservation pursuant to Article 4(4) of Directive 92/43/EEC;

(d)

‘legal person’ means any legal entity having such status under the applicable national law, except for States or public bodies exercising State authority and for public international organisations.

(1)

OJ L 206, 22.7.1992, p. 7.

(2)

OJ L 103, 25.4.1979, p. 1.

(3)

OJ L 61, 3.3.1997, p. 1.