Commission Implementing Regulation (EU) 2019/1927

of 19 November 2019

on the derogations from the ‘originating products’ rules laid down in the Free Trade Agreement between the European Union and the Republic of Singapore that apply within the limits of annual quotas for certain products from Singapore

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code(1), and in particular Article 58(1) thereof,

Whereas:

(1) In accordance with Council Decision (EU) 2018/1599(2), the Free Trade Agreement between the European Union and the Republic of Singapore was signed on 19 October 2018. Conclusion of that Agreement (‘the Agreement’) was approved on behalf of the Union by Council Decision (EU) 2019/1875(3).

(2) Protocol 1 of the Agreement concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation. Annex B to that Protocol sets out a list of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status. An addendum to that Annex (referred to as Annex B(a)) lays down alternative rules that may apply instead of the rules set out in Annex B for certain products to be considered as originating in Singapore, but the benefit of those alternative rules is limited by an annual quota.

(3) Products to which the alternative rules laid down in Annex B(a) apply can be imported into the Union provided they comply with the conditions set out in Annex B(a).

(4) The annual quotas set out in Annex B(a) should be managed on the basis of the chronological order of dates of acceptance of customs declarations for release for free circulation in accordance with the rules for the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447(4).

(5) As provided in the relevant notice published in the Official Journal of the European Union (5) , the Agreement is to enter into force on 21 November 2019. In order to ensure the effective management and timely application of the origin quotas set out in Annex B(a), this Regulation should apply from that date in order to give interested parties sufficient time to prepare for the application of this regulation.

(6) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1U.K.

The derogations set out in Annex B(a) to Protocol 1 of the Free Trade Agreement between the European Union and the Republic of Singapore (‘Protocol 1’) shall apply, in the case of the products listed in the Annex to this Regulation, within the limits of the quotas set out in the Annex to this Regulation.

Article 2U.K.

The quotas set out in the Annex to this Regulation shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.

Article 3U.K.

To benefit from a quota set out in the Annex to this Regulation, products shall be accompanied by an origin declaration signed by the approved exporter (as defined in Protocol 1) certifying that they satisfy the conditions set out in Annex B(a) to Protocol 1. The origin declaration shall fulfil the requirements of Protocol 1 and shall contain the following statement in English: ‘Derogation — Annex B(a) of Protocol Concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation of the EU-Singapore FTA’.

Article 4U.K.

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

It shall apply from 21 November 2019.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 November 2019.

For the Commission

The President

Jean-Claude Juncker

ANNEXU.K.

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the scope of the preferential scheme shall be determined, within the context of this Annex, by the CN codes as set out in Annex I to Council Regulation (EEC) No 2658/87(6), in the version as amended by Commission Implementing Regulation (EU) 2018/1602(7), and by the description of the product in the fourth column of the table in this Annex, taken together.

Order NoCN codeTARIC subdivisionDescription of productsQuota periodQuota volume (in tonnes net weight)
09.7951ex1601 00 1011, 91Waxed sausages of chicken, pork and fresh liver

From 21.11.2019 to 31.12.2019

From 1.1.2020 to 31.12.2020 and for each year thereafter from 1.1 to 31.12

56 tonnes
ex1601 00 9105
ex1601 00 9911, 91
ex1602 32 1110Canned luncheon meat of chicken; Chicken floss; Chicken Glutinous rice; Samosa of grounded chicken; Dumplings of poultry meat; Chicken Shaomai; Chicken Gyoza;
ex1602 32 1910500 tonnes
ex1602 32 3010
ex1602 32 9010
ex1602 49 1920Canned pork luncheon meat; Pork floss
ex1602 50 1010Canned beef luncheon meat; Samosa of grounded beef;
ex1602 50 9510
ex1902 20 3021

Samosa of grounded chicken; Dumplings of poultry meat; Chicken Shaomai; Chicken Gyoza,

Samosa of grounded beef;

91
ex1602 41 1010Various types of chilled hams
ex1602 41 9010
ex1603 00 1010Bottled essence of chicken series
ex1603 00 8010
09.7952ex1604 20 1005Curry fish balls made of fish meat, curry, wheat starch, salt, sugar, and compound condiments; Four colour rolls made of fish meat, crab stick, seaweed, beancurd skin, vegetable oil, sugar, salt, potato starch, monosodium glutamate and seasonings.

From 21.11.2019 to 31.12.2019

From 1.1.2020 to 31.12.2020 and for each year thereafter from 1.1 to 31.12

45 tonnes
ex1604 20 3005
ex1604 20 4005
ex1604 20 5005
ex1604 20 9005400 tonnes
ex1604 16 0010Spicy crispy anchovies (sambal ikan bilis) made of anchovies, onion, chilli paste, tamarind, belachan, brown sugar, and salt
09.7953ex1605 10 0005Crab balls made of wheat starch, salt, sugar, compound condiments, crab meat and filling

From 21.11.2019 to 31.12.2019

From 1.1.2020 to 31.12.2020 and for each year thereafter from 1.1 to 31.12

39 tonnes
ex1902 20 1021Hargow made of prawn, wheat starch, tapioca, water, scallion, ginger, sugar, and salt; Shaomai made of prawn predominantly, chicken, corn starch, vegetable oil, black pepper, sesame oil, and water; Fried prawn wonton made of prawn, salt, oil, sugar, ginger, pepper, egg, vinegar, and soy sauce
91
ex1605 21 1005350 tonnes
ex1605 21 9005
ex1605 29 0005
ex1605 54 0010Cuttlefish balls made of cuttlefish filling, wheat starch, salt, sugar, and compound condiments; Lobster flavoured balls: cuttlefish meat, fish meat and crab meat
(2)

Council Decision (EU) 2018/1599 of 15 October 2018 on the signing, on behalf of the European Union, of the Free Trade Agreement between the European Union and the Republic of Singapore (OJ L 267, 25.10.2018, p. 1).

(3)

Council Decision (EU) 2019/1875 of 8 November 2019 on the conclusion of the Free Trade Agreement between the European Union and the Republic of Singapore (OJ L 294, 14.11.2019, p. 1).

(4)

Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

(5)

Notice concerning the entry into force of the Free Trade Agreement between the European Union and the Republic of Singapore (OJ L 293, 14.11.2019, p. 1).

(6)

Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1.)

(7)

Commission Implementing Regulation (EU) 2018/1602 of 11 October 2018 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 273, 31.10.2018, p. 1).