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34.—(1) Article 4 applies to an activity to the extent that it is carried on in exercise of a right under rules of international law, by or in relation to—
(a)a third country vessel; or
(b)a warship, naval auxiliary, other vessel or aircraft owned or operated by a State and used, for the time being, only on government non-commercial service (whether or not the warship, naval auxiliary or other vessel is a third country vessel).
(2) In paragraph (1), “third country vessel” means a vessel which—
(a)is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a Member State; and
(b)is not registered in a Member State.
(3) Article 4 only applies to an activity to the extent that it falls within item 1, 2, 3 or 8.
(4) Paragraph 1 is subject to the condition that the approval of a lighthouse authority or a harbour authority is given prior to the deposit or removal activity.
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