Cap. 522 Art. 2Interpretation.

In this Act, unless the context otherwise requires: "Directive 2008/99/EC" means Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law;

"the Euratom Treaty" means the Treaty establishing the European Atomic Energy Community done at Rome on the 25th March, 1957;

"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 Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, 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 Council Directive 92/ 43/ EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora; "protected wild fauna and flora species" means:

(a) for the purposes of article 3(1)(f) those listed in:

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

(ii) 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,

(b) for the purposes of article 3(1)(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;

"the Treaty" means the Treaty establishing the European Community done at Rome on the 25th March, 1957;

"unlawful" means infringing:

(a) the legislation adopted pursuant to the EC Treaty and listed in Annex A to the Directive 2008/99/EC; or

(b) with regard to activities covered by the Euratom Treaty, the legislation adopted pursuant to the Euratom Treaty and listed in Annex B to the Directive 2008/99/

*See article 1(2) as originally promulgated, and Legal Notice 230 of 2012. EC; or

(c) 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 paragraphs (a) or (b).