Contents
THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,Having regard to the proposal from the European Commission,Whereas:
(1)The Free Trade Agreement between the European Union and the Republic of Singapore (‘the Agreement’) was concluded by the Union by means of Council Decision (EU) 2019/1875note, and entered into force on 21 November 2019.
(2)Pursuant to Article 34 of Protocol 1 to the Agreement, the Committee on Customs may adopt Decisions to amend the provisions of that Protocol.
(3)The Committee on Customs, during its first meeting, is to adopt a Decision amending Protocol 1 and its Annexes (‘the Decision’).
(4)It is appropriate to establish the position to be adopted on the Union’s behalf in the Committee on Customs, as the Decision will be binding on the Union.
(5)Amendments to the Protocol were introduced on 1 January 2012, on 1 January 2017 and on 1 January 2022 in relation to the nomenclature governed by the International Convention on the Harmonized Commodity Description and Coding System (‘HS’). The Decision is necessary to update Protocol 1 and its Annexes to reflect the latest version of the HS.
(6)The scope of the annual quotas set out in Annex B(a) to Protocol 1 for canned luncheon meat, curry fish balls and cuttlefish balls should be expanded in order to allow Singaporean exporters to use them.
(7)In order to provide for equal treatment of the economic operators in both Parties as regard the certification of the origin, Protocol 1 should be amended so that each Party may decide, according to its laws and regulations, which exporter may self-certify the origin of its originating goods. In the Union, this will allow the origin of the goods to be certified by registered exporters instead of by approved exporters, similarly to the system applied by Singapore in the context of the Agreement,
HAS ADOPTED THIS DECISION:
Article 1#
The position to be adopted on the Union’s behalf in the first meeting of the Committee on Customs shall be based on the draft Decision of the Committee on Customs attached to this Decision.Minor technical corrections to the draft Decision may be agreed by the representatives of the Union in the Committee on Customs.
Annex 1
(1)in the row related to HS Heading ‘0305’, the text in the column ‘description of product’ is replaced by the following:‘Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process’;
(2)in the row related to HS Heading ‘ex0306’, the text in the column ‘description of product’ is replaced by the following:‘Crustaceans, whether in shell or not, dried, salted or in brine; smoked crustaceans, whether in shell or not, whether or not cooked before or during the smoking process; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine’;
(3)in the row related to HS Heading ‘ex0307’, the text in the column ‘description of product’ is replaced by the following:‘Molluscs, whether in shell or not, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process’;
(4)between the row related to HS Heading ‘ex0307’ and the row related to HS Heading ‘Chapter 4’, the following rows are inserted:ex0308 | Aquatic invertebrates other than crustaceans and molluscs, dried, salted or in brine; smoked aquatic invertebrates other than crustaceans and molluscs, whether or not cooked before or during the smoking process | Manufacture in which all the materials of Chapter 3 used are wholly obtained0309 | Flours, meals and pellets of fish, crustaceans, molluscs and other aquatic invertebrates, fit for human consumption | Manufacture in which all the materials of Chapter 3 used are wholly obtained
(5)in the row related to HS Heading ‘ex Chapter 15’, the text in the column ‘description of product ’ is replaced by the following:‘Animal, vegetable or microbial fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes; except for:’;
(6)in the row related to HS Heading ‘1509 and 1510’, the text in the column ‘description of product ’ is replaced by the following:‘Olive oil and its fractions, other oils and their fractions obtained solely from olives’;
(7)in the row related to HS Heading ‘1516 and 1517’, the text in the column ‘description of product ’ is replaced by the following:‘Animal, vegetable or microbial fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared;Margarine; edible mixtures or preparations of animal, vegetable or microbial fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats and oils or their fractions of heading 15.16’;
(8)in the row related to HS Heading ‘Chapter 16’, the text in the column ‘description of product ’ is replaced by the following:‘Preparations of meat, of fish, of crustaceans, molluscs or other aquatic invertebrates, or of insects’;
(9)in the row related to HS Heading ‘ex Chapter 24’, the text in the column ‘description of product ’ is replaced by the following:‘Tobacco and manufactured tobacco substitutes; products, whether or not containing nicotine, intended for inhalation without combustion; other nicotine containing products intended for the intake of nicotine into the human body; except for;’;
(10)between the row related to HS Heading ‘ex2402’ and the row related to HS Heading ‘ex Chapter 25’, the following rows are inserted:‘240412Products intended for inhalation without combustion, not containing tobacco or reconstituted tobacco, and containing nicotineManufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the productex240419Cartridges and refills, filled for electronic cigarettesManufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product240491Other products than products intended for inhalation without combustion, for oral applicationManufacture from materials of any heading, except that of the product, in which:
—the individual weight of sugar and of the materials of Chapter 4 used does not exceed 20 % of the weight of the final product, and
—the total combined weight of sugar and the materials of Chapter 4 used does not exceed 40 % of the weight of final product
240492,240499Other products than products intended for inhalation without combustion, for transdermal application and for other than oral applicationManufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product’
(11)between the row related to HS Heading ‘ex Chapter 38’ and the row related to HS Heading ‘3823’, the following rows are inserted:ex3816 | Dolomite ramming mix | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 40 % of the ex- works price of the productex3822 | Malaria diagnostic test kitsImmunological products, unmixed, not put up in measured doses or in forms or packings for retail saleImmunological products, mixed, not put up in measured doses or in forms or packings for retail saleImmunological products, put up in measured doses or in forms or packings for retail saleBlood-grouping reagents | Manufacture from materials of any heading
(12)in the first row related to HS Heading ‘6306’, the text in the column ‘description of product ’ is replaced by the following:‘Tarpaulins, awnings and sunblinds; tents (including temporary canopies and similar articles); sails for boats, sailboards or landcraft; camping goods’;
(13)in the row related to HS Heading ‘8522, the text in the column ‘description of product ’ is replaced by the following:‘Parts and accessories suitable for use solely or principally with the apparatus of heading 8519 or 8521’;
(14)in the row related to HS Heading ‘8529, the text in the column ‘description of product’ is replaced by the following:‘Parts suitable for use solely or principally with the apparatus of headings 8524 to 8528’;
(15)in the row related to HS Heading ‘8548’, the text in the column ‘description of product ’ is replaced by the following:‘Electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter’;
(16)between the row related to HS Heading ‘8548’ and the row related to HS Heading ‘ex Chapter 86’, the following row is inserted:8549 | Electrical and electronic waste and scrap. | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
(17)in the row related to HS Heading ‘ex Chapter 86’, the text in the column ‘HS Heading’ and the text in the column ‘description of product’ are replaced respectively by the following:‘Chapter 86’ and ‘Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signaling equipment of all kinds’;
(18)between the row related to HS Heading ‘ex8804’ and the row related to HS Heading ‘Chapter 89’, the following row is inserted:ex8806 | Unmanned aircraftTelevision cameras, digital cameras and video camera recorders | Manufacture from materials of any heading, except that of the product and of heading 8529orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
(19)in the row related to HS Heading ‘9013’, the text in the column ‘description of product ’ is replaced by the following:‘Lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this Chapter’;
(20)between the row related to HS Heading ‘9016’ and the row related to HS Heading ‘9025’, the following row is inserted:‘ex9021Materials for orthopedic or fracture appliances and for dental fitting:
—Nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 8305) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper
—Titanium and articles thereof, including waste and scrap
—Threaded articles and non-threaded articles of iron or steel, excluding coach screws, wood screws, screw hooks and screw rings, spring washers and other lock washers, rivets
Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the productManufacture from materials of any heading’
(21)in the row related to HS Heading ‘Chapter 94’, the text in the column ‘description of product ’ is replaced by the following:‘Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings’.
Annex B to Protocol 1 is amended as follows:
Annex 2
(1)paragraph 3 of the common provisions is deleted;
(2)paragraph 4 of the common provisions is renumbered to paragraph 3;
(3)paragraph 5 of the common provisions is renumbered to paragraph 4;
(4)in the row related to HS Heading‘ex160232ex160241ex160249ex160250’,the text ‘Canned luncheon meat of pork, chicken and beef (午餐肉)’ in the column ‘description of product ’ is replaced by the following:‘Canned luncheon meat or meat loaf of pork (containing more than 40 % by weight of pork meat or meat offal), canned luncheon meat or meat loaf of chicken (containing more than 20 % by weight of chicken meat or meat offal), canned luncheon meat or meat loaf of beef (containing more than 20 % by weight of beef meat or meat offal)’;
(5)in the row related to HS Heading ‘ex160420’ the text ‘Curry fish balls made of fish meat, curry, wheat starch, salt, sugar, and compound condiments’ in the column ‘description of product’ is replaced by the following:‘fish balls and fish cakes made of fish meat except of tuna and of mackerel, starch, salt, sugar, and compound condiments’;
(6)the row related to HS Heading‘ex160510ex160590ex160520ex160520ex160520ex160530’is replaced by the following:ex160510 | Crab balls made of wheat starch, salt, sugar, compound condiments, crab meat and filling | Manufacture from materials of any heading, except that of the productex160554 | Cuttlefish balls made of fish meat, cuttlefish filling, starch, salt, sugar, and compound condiments |ex160521 | Hargow made of prawn, wheat starch, tapioca, water, scallion, ginger, sugar, and salt |ex160529 | Shaomai made of prawn predominantly, chicken, corn starch, vegetable oil, black pepper, sesame oil, and water |ex190220 | Fried prawn wonton made of prawn, salt, oil, sugar, ginger, pepper, egg, vinegar, and soy sauce. |ex160554 | Lobster flavoured balls: cuttlefish meat, fish meat and crab meat. |
Annex B(a) to Protocol 1 is amended as follows:
Annex 3
(1)in the row related to HS Code ‘2909’, the text in the column ‘description’ is replaced by the following:‘Ethers, ether-alcohols, ether-phenols, ether-alcohol-phenols, alcohol peroxides, ether peroxides, acetal and hemiacetal peroxides, ketone peroxides (whether or not chemically defined), and their halogenated, sulphonated, nitrated or nitrosated derivatives’;
(2)in the row related to HS Code ‘9013’, the text in the column ‘description’ is replaced by the following:‘Lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this Chapter’.
Annex D to Protocol 1 is amended as follows:
Annex 4
(1)in the title of Annex E, the term ‘origin declaration’ is replaced by the term ‘statement on origin’;
(2)the first paragraph of Annex E is replaced by the following:‘The statement on origin, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.’;
(3)footnote (1) is replaced by the following:‘Indicate the reference number by which the exporter is identified. For the Union exporter, this will be the number assigned in accordance with the laws and regulations of the Union. For Singapore, this will be the number assigned in accordance with the laws and regulations of Singapore. Where the exporter has not been assigned a number, this field may be left blank’;
(4)the last sentence before the footnotes is replaced by the following:‘(Name of the exporter)’;
(5)footnote (4) is deleted.
Annex E to Protocol 1 is amended as follows:
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