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 1

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 2

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 3

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 4

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

(1) OJ L 269, 10.10.2013, p. 1.

(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).