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Article 3 Wholly obtained products

Original text. Later amendments are not shown.

1.

The following shall be considered as wholly obtained in Ghana or the European Union:

(a)

live animals born and raised there;

(b)

mineral products extracted from its soil or from its seabed or ocean floor;

(c)

vegetable products harvested there;

(d)

products from live animals raised there;

(e)
  1. (i)

    products obtained by hunting or fishing conducted there;

  2. (ii)

    products of aquaculture, including mariculture, where the animals are raised there from eggs, spawning, 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 Ghana by their vessels;

(g)

products made aboard their factory ships exclusively from 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 exclusively from the products specified in points (a) to (j).

2.

The terms “their vessels” and “their factory ships” in points (f) and (g) of paragraph 1 of this Article shall apply only to vessels and factory ships:

(a)

which are registered or recorded in a Member State of the European Union or Ghana; and

(b)

which fly the flag of a Member State of the European Union or Ghana; and

(c)

which meet one of the following conditions:

  1. (i)

    they are at least 50 % owned by nationals of the Member States of the European Union and/ or of Ghana; or

  2. (ii)

    they are owned by companies:

    • which have their head office and their main place of business in a Member State of the European Union or Ghana, and

    • which are at least 50 % owned by one or more Member States of the European Union and/ or Ghana or by public entities or nationals of one or more of these States.

3.

Notwithstanding the provisions of paragraph 2 of this Article, upon request of Ghana, vessels chartered or leased by Ghana shall be treated as “their vessels” to undertake fisheries activities in its exclusive economic zone provided that an offer has been made beforehand to the economic operators of the European Union and that the implementing arrangements established beforehand by the Committee are adhered to. The Committee shall ensure that the conditions laid down in this paragraph are respected.

4.

The conditions referred to in paragraph 2 of this Article may be met in Ghana and the States that come under various economic partnership agreements with which cumulation is applicable. In these cases, the products shall be considered to originate from the Flag State.