(1) In this section—
“the 1972 Act” means the European Communities Act 1972 (c 68);
“relevant [EU] instrument” means—
(a) Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein, and
(b) Commission Regulation 1808/01/EC on the implementation of the Council Regulation mentioned in paragraph (a).
(2) Regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant [EU] instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on conviction on indictment with imprisonment for a term not exceeding five years.
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