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article  5

CELEX:  32001R0082

Wholly-obtained products
1. The following shall be considered as wholly obtained in the Community or in Ceuta and Melilla:
(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 sea fishing and other products taken from the sea outside the territorial waters of the Community or Ceuta and Melilla by their vessels;
(g) products made aboard their factory ships exclusively from products referred to in point (f);
(h) used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or use as waste;
(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 products referred to in points (a) to (j).

article  5

CELEX:  32001R0082

2. For the purposes of point 1(f) and (g), only the following shall be considered to be vessels and factory ships of the Community and Ceuta and Melilla, vessels and factory ships:
(a) which are registered or recorded in a Member State or, for Ceuta and Melilla, registered in the ship-registers of the competent local authority (Registros de Matrícula de Buques de la respectiva Capitania Marítima);
(b) which sail under the flag of a Member State;
(c) which are owned to an extent of at least 50 % by nationals of Member States, or by a company with its head office in one of these States, of which the manager or managers, chairman of the board of directors or of the supervisory board, and the majority of the members of such boards are nationals of Member States and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States or to public bodies or nationals of those States;
(d) of which the master and officers are nationals of Member States; and (e) of which at least 50 % of the crew are nationals of Member States.