# Council Decision (EU) 2019/1355 of 15 July 2019 on the position to be taken on behalf of the European Union in the EPA Committee established under the stepping stone Economic Partnership Agreement between Côte d’Ivoire, of the one part, and the European Community and its Member States, of the other part, as regards the adoption of Protocol 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, Article 3: Wholly obtained products


1. The following shall be considered as wholly obtained in Côte d'Ivoire or in the European Union:
(a) live animals born and raised there;
(b) mineral products extracted from their soil or from their seabed;
(c) vegetable products harvested there;
(d) products from live animals raised there;
(e) (i) products obtained by hunting or fishing conducted there;
(ii) products of aquaculture, including mariculture, where the animals are raised from eggs, spawn, larvae or fry;
(f) products of sea fishing and other products taken from the sea outside the territorial waters of the European Union or of Côte d'Ivoire by their vessels;
(g) products made aboard their factory ships exclusively from the products referred to in point (f);
(h) used articles fit only for the recovery of raw materials;
(i) waste and scrap resulting from manufacturing operations conducted there;
(j) products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil;
(k) goods produced there exclusively from the products specified in (a) to (j).
2. The terms ‘their vessels’ and ‘their factory ships’ in points (f) and (g) of paragraph 1 shall apply only to vessels and factory ships:
(a) which are registered or recorded in a Member State of the European Union or in Côte d'Ivoire; and
(b) which sail under the flag of a Member State of the European Union or of Côte d'Ivoire; and
(c) which meet one of the following conditions:
(i) they are at least 50 % owned by nationals of a Member States of the European Union and/or of Côte d'Ivoire; or
(ii) they are owned by companies which:
have their head office and their main place of business in one of the Member States of the European Union or in Côte d'Ivoire, and
are at least 50 % owned by one or more Member States of the European Union and/or by Côte d'Ivoire, or by public entities or nationals of one or more of those States.
3. Notwithstanding paragraph 2 of this Article, further to a request from Côte d'Ivoire, vessels chartered or leased by Côte d'Ivoire to undertake fisheries activities in its exclusive economic zone shall be treated as ‘its vessel’ or ‘its vessels’, provided that an offer was made to the economic operators of the European Union in advance and that the implementing rules laid down in advance by the Committee are complied with. The Committee shall ensure that the conditions laid down in this paragraph are complied with.
4. The conditions referred to in paragraph 2 of this Article may be fulfilled in Côte d'Ivoire and in States belonging to different Economic Partnership Agreements with which cumulation is applicable. In such cases, the products shall be deemed to have the origin of the flag State.

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Source: https://www.legislation.gov.uk/eudn/2019/1355/attachment/2/article/3 (the official version)
Page: https://openlegislation.uk/eu-decision-2019-1355/attachment-2/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.