{
  "url": "https://openlegislation.uk/eu-directive-2008-99/article-2",
  "json_url": "https://openlegislation.uk/eu-directive-2008-99/article-2.json",
  "legislation": "eudr/2008/99",
  "legislation_title": "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 (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-directive-2008-99",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Definitions",
  "text": "For the purpose of this Directive:\n(a) ‘unlawful’ means infringing:\n(i) the legislation adopted pursuant to the EC Treaty and listed in Annex A; or\n(ii) with regard to activities covered by the Euratom Treaty, the legislation adopted pursuant to the Euratom Treaty and listed in Annex B; or\n(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);\n(b) ‘protected wild fauna and flora species’ are:\n(i) for the purposes of Article 3(f), those listed in:\nAnnex IV to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,\nAnnex 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;\n(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;\n(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;\n(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.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 206, 22.7.1992, p. 7."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 103, 25.4.1979, p. 1."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 61, 3.3.1997, p. 1."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2008/99/article/2",
    "retrieved_at": "2026-11-01T15:22:18.091856+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}