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3. Measures relating to the conservation of natural habitats and of wild fauna and flora, but not—
(a)measures for the purpose of implementing, or dealing with matters arising out of or related to, Council Regulation (EC) No. 338/97(1) on the protection of species of wild fauna and flora by regulating trade therein; or
(b)measures which, in the interests of conservation, concern the assessment of, and authorisation of, projects or plans likely to have a significant effect on natural habitats and habitats of species, unless a function relating to the authorisation of the project or plan, in the interests of any other matter, is exercisable by the Assembly at the date of the making of this Order.
OJ No. L 61, 3.3.97, p. 1.
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