# Regulation (EU) 2016/1076 of the European Parliament and of the Council of 8 June 2016 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, economic partnership agreements (recast), Article 3: Wholly obtained products

Extent: E+W+S+N.I.

1. The following shall be considered as wholly obtained in the ACP States or in the Union:
(a) mineral products extracted from their soil or from their seabed;
(b) vegetable products harvested there;
(c) live animals born and raised there;
(d) products from live animals raised there;
(e) products obtained by hunting or fishing conducted there;
(f) products of aquaculture, including mariculture, where the fish are born and raised there;
(g) products of sea fishing and other products taken from the sea outside the territorial waters by their vessels;
(h) products made aboard their factory ships exclusively from products referred to in point (g);
(i) used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste;
(j) waste and scrap resulting from manufacturing operations conducted there;
(k) products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil;
(l) goods produced there exclusively from the products specified in points (a) to (k).
2. The terms ‘their vessels’ and ‘their factory ships’ in points (g) and (h) of paragraph 1 shall apply only to vessels and factory ships which:
(a) are registered in a Member State or in an ACP State;
(b) fly the flag of a Member State or of an ACP State;
(c) meet one of the following conditions:
(i) they are at least 50 % owned by nationals of the ACP State or of a Member State; or
(ii) they are owned by companies which;
have their head office and their main place of business in the ACP State or in a Member State, and
are at least 50 % owned by the ACP State, public entities of that State or nationals of that State or of a Member State.
3. Notwithstanding paragraph 2, the Union shall, upon request by an ACP State, recognise vessels chartered or leased by the ACP State to undertake fisheries activities in its exclusive economic zone as ‘their vessels’ under the following conditions:
(a) that the ACP State offered the Union the opportunity to negotiate a fisheries agreement and the Union did not accept that offer;
(b) that the charter or lease contract has been accepted by the Commission as providing adequate opportunities for the development of the capacity of the ACP State to fish on its own account and in particular as conferring on the ACP State the responsibility for the nautical and commercial management of the vessel placed at its disposal for a significant period of time.

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Source: https://www.legislation.gov.uk/eur/2016/1076/annex/II/article/3 (the official version)
Page: https://openlegislation.uk/eu-regulation-2016-1076/annex-II/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.