WT/REG402/2  
 
11 March  2021 
(21-2042) Page: 1/12 
Committee on Regional Trade Agreements  Original: English/Spanish  
  
 
FREE TRADE AGREEMENT BETWEEN THE EUROPEAN UNION  AND SINGAPORE  
(GOODS AND SERVICES ) 
QUESTIONS AND REPLIES  
 The following communication, dated  10 March  2021, is being circulated at the request of the 
delegations of  European Union and Singapore . 
 
_______________  
 
 
Question s from the delegation of Brazil  
 
Liberalization of trade and tariff lines  
 
1.1.  Considering paragraphs 3.11 and 3.12 of the Factual Presentation, how do the parties 
evaluate so far the implementation of the liberalization schedule under the Agreement? 
Do any of the parties plan on requesting an acceleration or broadening of the scope of the 
reduction and elimination of customs duties on imports?  
Joint response from the Parties  
 
 Tariff liberali zation commitments of the two Parties have been smoothly implemented in 
accordance with the schedules under the Agreement.  
  
 All EU originating goods are already subject to full tariff liberali zation in Singapore currently. 
For Singapore -originating goods , the agreement provides for consultations to consider accelerating 
and broadening the scope of the reduction and elimination of customs duties on imports three years 
after the entry into force of this Agreement, in accordance with Article 2.6(4).  
 
Rules o f origin  
 
1.2.  Considering paragraph 3.24 of the Factual Presentation and the possibility of origin 
cumulation regarding materials produced in ASEAN countries which are applying a 
preferential agreement with the EU, do the parties expect this provision to have a 
significant impact on the volume of bilateral trade between Singapore and the EU? Has 
any impact been observed so far? Have the parties conducted any studies regarding the 
possible consequences of this provision?  
Joint response from the Parties  
 
 Under the EUSFTA, ASEAN cumulation may only be applied if the necessary conditions are 
met: the ASEAN countries involved have undertaken to comply or ensure compliance with the rules 
of origin provisions of the EUSFTA, provide the administrative cooperatio n necessary to ensure the 
correct implementation of those provisions and notify this to the EU. As no such undertaking has 
been notified to the EU thus far, this cumulation is currently not in use.  
 
 
 
 
 WT/REG402/2  
 
- 2 - 
 
  Technical barriers to trade  
 
1.3.  Regarding paragraph 3.4 2, have the Parties either adopted or discussed the adoption 
of any of the mechanisms to accept the results of conformity assessment procedures, as 
listed in Article 4.7?  
Joint response from the Parties  
 
 Not yet.  
 
Question s from the delegation of Canada  
 
1.4.  Paragraph 4.2 of the factual presentation states: "Provisions in Section B apply to 
measures of the Parties affecting cross -border supply of all services (modes 1 and 2) 
except audio -visual services, national maritime cabotage and domestic and internationa l 
air transport services and services related to the exercise of traffic rights other than 
aircraft repair and maintenance services during which the aircraft is withdrawn from 
service, selling and marketing of air transport and computer reservation system services 
(Article 8.3)."  
 The terms 'aircraft repair and maintenance services', 'selling and marketing of air 
transport services' and 'computer reservation system services' are not defined in the 
Agreement. For the purposes of provisions on cross -border su pply of services and 
establishment, would these terms reflect the scope of the comparable definitions set out 
in the GATS, or a different understanding between the Parties?  
 
Joint response from the Parties  
 
 These terms reflect the scope agreed in the GATS  Annex on Air Transport Services.  
 
1.5.  Paragraph 4.34 of the factual presentation states: "Domestic and international air 
transport services, whether scheduled or non -scheduled, and services directly related to 
the exercise of traffic rights are excluded from the Agreement."  
 The factual presentation indicates that the EU has taken partial commitments on air 
transport services in its GATS schedule, while it is fully excluding in this Agreement. Can 
you please elaborate on the difference in approach to air trans port services between the 
GATS and this Agreement?  
 
Response from the delegation of the European Union  
 
 Only one EU Member State has taken commitments in sectors that may be considered to be 
related to the exercise of traffic rights in GATS. The EU 's comm itment in this field are therefore 
extremely limited, and for greater consistency in its FTAs, the EU follows a general approach of 
excluding air transport services and other services related to the exercise of traffic rights.  
 
1.6.  Paragraph 5.72 of the factua l presentation states: "There are no specific provisions 
on small and medium -sized enterprises."  
a. Could you please elaborate on how the EU -Singapore FTA will enhance trade 
opportunities for small and medium -sized enterprises?  
Joint response from the Parties  
 
 Despite the trade and investment agreements with Singapore not having a chapter dedicated 
to smaller businesses, they do contain provisions to simplify trade and investment procedures and 
reduce export and investment related costs.  This will help more small firms to do business in both 
markets.  
 
 
 
 WT/REG402/2  
 
- 3 - 
 
  Among the expected benefits for smaller firms are : 
 
less burdensome technical rules  
avoidance of duplicative testing for certain products  
customs procedures and rules of origin that facilitate trade, for example, Asian type food 
products manufactured by SMEs in the food manufacturing sector  
protection of intellectual property rights, including better protection of Geographical 
Indications (special regional food and drink products, such as Parma Ham and Irish 
Whiskey).  
b. Could you please elaborate on the means through which the Parties intend to  
address trade -related barriers for small and medium -sized enterprises?  
Joint response from the Parties  
 
 See above.  
 
c. Do the Parties plan to implement cooperation activities targeted at enhancing 
the competitiveness of small and medium -sized enterprises?  
Joint response from the Parties  
 
 There are no such plans at the moment but both sides are committed to strengthening SMEs ' 
participation in EU Singapore trade.  
 
1.7.  Article 12.12.2 of the RTA provides: "A Party shall not fail to effectively enforce its 
environmental and labour laws, through a sustained or recurring course of action or 
inaction, where such failure to effecti vely enforce would affect trade or investment 
between the Parties."  
 Canada would be grateful if the Parties could confirm whether or not the provisions 
in Chapter 12 are binding. If the provisions are indeed binding, Canada would welcome 
an explanation as  to how a Party would seek recourse, through the agreement, for non -
compliance or breach of a commitment in Chapter 12.  
 
Joint response from the Parties  
 
 Chapter 12 of the RTA is binding. There is a specific dispute settlement mechanism set up to 
address  disputes arising from the implementation of the commitments under the Chapter on Trade 
and Sustainable Development. This mechanism foresees, as the first step, government 
consultations. A Party can also ask for the establishment of an independent Panel of  Experts to 
review the dispute. The Panel 's subsequent report and possible recommendations will form the basis 
for the Parties to discuss the appropriate measures to address the matter.  
 
1.8.  Article 13.3.2(a) of the RTA provides: "Each Party shall endeavour to publish in 
advance any proposal to adopt or to amend any measure of general application, including 
an explanation of the objective of and rationale for the proposal"  
 Canada would be grateful if the Parties could explain the reason for this so fter 
commitment, which differs from previous "shall" language agreed to by the EU in the 
Transparency Chapter of other Agreements?  
 
Joint response from the Parties  
 
 The EU disagrees with the notion that the text in Article 13.3.2(a) provides a softer 
commitment than in other EU FTAs. There are several degrees of commitment in various FTAs 
reflecting the particular circumstances of each FTA. Whereas the EU Canada FTA, in this particular 
case, has a strong commitment, there are FTAs with a much lower commitment.  WT/REG402/2  
 
- 4 - 
 
  Question s from the delegation of Ecuador  
 
Export duties and charges, and quantitative restrictions  
 
1.9.  Paragraph 3.30: Article 2.9.2 of the Agreement establishes  that: "The Parties 
understand that, before taking any measures provided for in subparagraphs 2(a) and 2(c) 
of Article XI of GATT 1994, the Party intending to take the measures shall supply the other 
Party with all relevant information, with a view to seeking a  solution acceptable to the 
Parties".  
 What would be the scope of the criterion  "a solution acceptable to the Parties" at 
the bilateral level? Please provide an example of such a  solution. Within the framework 
of multilateral provisions, how would this co ndition be applied in accordance with the 
principle of non -discrimination?  
 
Joint response from the Parties  
 
 This commitment refers to the application of potential prohibitions or restrictions to address 
food security concerns that are compatible with WTO  commitments including Article XI of GATT 
1994. The agreement provides a consultation mechanism whenever a Party intends to apply 
restrictions on the exportation or importation of foodstuff to/from the other Party. The measures 
undertaken by each Party wil l need to uphold the conditions of Article XI of GATT and all other WTO 
provisions, including non -discrimination.  
 
Subsidies and State -aid 
 
1.10.   Paragraph 3.66 : Article 11.7. Annex 11 -A. Principles Applicable to other Subsidies.  
How is the prohibition establish ed in Article 11.7 on State support to  insolvent  or ailing 
undertakings in whatever form related to public interest and paragraph (c) of Annex 11 -
A? 
 What provision would make it feasible to implement a subsidy measure if it is 
targeted at a specific secto r that may concern  an enterprise that is considered insolvent?  
 
Joint response from the Parties  
 
 The prohibition in Article 11.7 takes precedence over Annex 11 -A. In other words, no subsidies 
may be granted in violation of 11.7, even if the subsidies rel ate to an objective of public interest 
outlined in paragraph 2 of Annex 11 -A. 
 
Environment  
 
1.11.   Paragraph 5.55: Article  12.2 of the Agreement. Right to regulate and levels of 
protection. Based on the provision that the Parties recognize the right of each Party to 
establish its own levels of environmental protection, and to adopt or modify  its laws and 
policies accordingly, consistent  with the principles of internationally recognized standards  
or agreements to which it is party . In accordance with this right, is it possible to establish 
standards that are more rigorous than such international rules  and agreements, or could 
the recognition of an international rule set a maximum standard for environmental 
regulation?  
Joint response from the Parties  
 
 The Chapter on Trade and Sustainable Development recogni zes each Party's right to define 
and regulate its own domestic levels of environmental protection, consistent with internationally 
agreed standards and agreements, as well as to modify its relevant laws and policies accordingly. 
The overarching aim of the Chapter Trade and Sustainable Development is to ensure that trade and 
investment can expand while maintaining or improving levels of environmental protection. 
Therefore, it is essential that domestic environmental standards are not lowered as a means of 
competing for trade or investment. The Chapter on Trade and Sustainable Dev elopment does not 
set a maximum standard for environmental regulation. The Parties are therefore free to set their WT/REG402/2  
 
- 5 - 
 
  domestic standards that are more stringent than international standards or agreements they are 
parties to.  
 
1.12.   Paragraph 5.57: The Parties also recognise the importance of working together on 
trade -related aspects of environmental policies and may initiate cooperative activities of 
mutual benefit (Article 12.10).  
 Is this cooperation related to a possible harmonization of the environmental 
protec tion levels of the Parties, based on the principles of international standards  and 
agreements?  
Joint response from the Parties  
 
 The Chapter on Trade and Sustainable Development does not aim at harmoni zing the levels 
of environmental protection, but promo ting high levels of protection consistent with international 
commitments of each side. In this regard, the Chapter on Trade and Sustainable Development 
reinforces multilateral governance regarding environmental protection.  
 
Questions from the delegation of Indonesia  
 
Liberalization Schedule  
 
1.13.   Regarding Table 3.2 and Table 3.4 ., after the year of 2029, both Parties agreed that 
Australia would still have 13 remaining dutiable tariff lines, while Peru had 48 remaining 
dutiable ta riff lines.  
a. What is both Parties 's consideration on reaching this matter?  
Joint response from the Parties  
 
This question does not relate to the document on the EU -Singapore FTA, but to another FTA 
between Australia and Peru.  
 
b. Is there any possibilities by  both Parties to reach agreement beyond to this 
matter in the future?  
Joint response from the Parties  
 
This question does not relate to the document on the EU -Singapore FTA, but to another FTA 
between Australia and Peru.  
 
Background Information  
 
1.14.   Regarding Paragraph 2.2 ., The text of the Agreement, together with its annexes, is 
available on the Parties' official websites:  
European Union : https://eur -lex.europa.eu /legal -content/EN/TXT/?uri=OJ:L:2019:294:TOC   
 
Singapore : https://www.enterprisesg.gov.sg/non -financial -assista nce/for -
singaporecompanies/free -trade-agreements/ftas/singapore -ftas/eusfta  
 
1.15.   Article 2.10.2 of the European Union -Singapore FTA agreement that can be 
accessed via the referred links mentioned  "Each Party shall make available, via an 
officially designated m edium, including through the internet, the fees and charges it 
imposes in connection with importation and exportation ". Is there any website links by 
both Parties regarding the fees and charges information?  
 
 
 
 WT/REG402/2  
 
- 6 - 
 
  Joint response from the Parties  
 
The EU make s available all its fees and formalities applicable in the different EU Member States 
at the TFA database (first link below). EU level measures can be retrieved at the second link,  and 
the third link complements with detailed Member State data.  
 
https://tfadatabase.org/members/european -union  
https://tfadatabase.org/uploads/notification/NEU1R5.pdf  
https://tfadatabase.org/uploads/notification/NEU1A1R1.pdf  
 
 The fees and charges imposed in connection with the imports and exports in Singapore is 
available on the WTO TFA database and Singapore Customs website. We have appended the links 
below for reference.  
 
https://tfadatabase.org/members/singapore  
https://www.customs.gov.sg/businesses/valuation -duties -taxes -fees/permits -documentation -and-
other -fees 
 
Bilateral Safeguards  
 
1.16.   Regarding paragraph 3.48. , A Party may adopt bilateral safeguard measures if, as 
a result of the reduction or elimination of a customs duty under the Agreement, originating 
goods are being imported into its territory in such increased quantities, in absolute terms 
or relative to do mestic production, and under such conditions as to cause or threaten to 
cause serious injury to a domestic industry producing like or directly competitive goods 
(Article 3.10). Bilateral safeguard measures can be applied during the transition period 
only, except with the consent of the other Party. Article  3.9 defines the transition period 
as 10 years from the entry into force of the Agreement.  
a. What are the considerations in determining the transition period of 10 years?  
Joint response from the Parties  
 
 The length of the transition period takes into account the length of the liberali zation period of 
the parties. It is considered that 10 years after the entry into force of the agreement any increase 
of imports will no longer be the result of the reduction or  elimination of the customs duty.  
 
b. What are the considerations of the Other Party in determining that the imposition 
of Bilateral Safeguards can apply over the transition period?  
Joint response from the Parties  
 
 See above.  
 
1.17.   Regarding paragraph  3.50. , Conditions and limitations are listed in Article 3.11. A 
Party shall notify in writing of the initiation of an investigation and shall apply a measure 
only following an investigation by its competent authorities, which shall not last more 
than one year, in ac cordance with the relevant articles of the Safeguards Agreement.  
a. What is the official language used in the witten notification?  
Joint response from the Parties  
 
 The English language will be used for bilateral notifications.  
 
b. What is the format for the wr itten notification?  
Joint response from the Parties  
 
 The Agreement does not define the format, it is left to the choice of the parties.  
 WT/REG402/2  
 
- 7 - 
 
  1.18.   Regarding paragraph  3.52. , In critical circumstances where delay would cause 
damage that would be difficult to repair, a Party may apply a bilateral safeguard measure 
on a provisional basis pursuant to a preliminary determination that there is evidence that 
imports have increased a s the result of the reduction or elimination of a customs duty 
under the Agreement, and that such imports cause serious injury, or the threat thereof, 
to the domestic industry. The duration of any provisional measure shall not exceed 200 
days. Provisional measures shall be notified in writing prior to their application and 
consultations shall be initiated immediately after such measure is taken.  
a. In the imposition of the Bilateral Safeguard measure on Provisional, what are 
the indicators to determine a certa in condition that categorized as critical 
conditions?  
Joint response from the Parties  
 
 Same indicators as those included in Article 4 ( "Determination of Serious Injury or Threat 
Thereof ") of the WTO Agreement on Safeguards, such as the rate and amount of the increase in 
imports of the product concerned in absolute and relative terms, the share of the domestic market 
taken by increased imports, changes in the level of sales, production, productivity, capacity 
utilisation, profits and losses, and employment.   
 
b. What is the form of Bilateral Safeguard measure on Provisional?  
Joint response from the Parties  
 
 The possible form of the measure is the same at provis ional or definitive stage, i.e. : 
(a) suspend further reductions of the rate of customs duty on the go od concerned p rovided for under 
Annex 2 -A; or (b) increases the rate of customs duty on the good concerned to a level which does 
not exceed the lesser of:(i) the MFN applied rate of customs duty on the good in effect at the time 
the measure is taken; or(ii ) the base rate of customs duty specified in the Schedules included in 
Annex 2 -A pursuant to paragraph 2 of Article 2.6 (Reduction or Elimination of Customs Duties on 
Imports).  
 
1.19.   Regarding paragraph  3.54. , The Agreement contains a safeguard measures specifi c 
to electrical and electronic equipment, electrical household appliances and consumer 
electronics in Annex 4 -A. 
a. Why are the electrical and electronic equipments, electrical household 
appliances and consumer electronics administered in special safeguards?  
Joint response from the Parties  
 
 They have been identified as particularly sensitive products.  
 
b. What is the consideration in determining which products are included in the 
special safeguards?  
Joint response from the Parties  
 
 Their sensitivity for the parties.  
 
Questions from the delegation of Mexico  
 
Competition policy  
 
1.20.   Paragraph 4.40: Which specific commitments were improved under this Agreement 
with regard to telecommunication services?  
 
 
 WT/REG402/2  
 
- 8 - 
 
  Joint response from the Parties  
 
 The EU offered broader commitments compared to its GATS Schedule of commitments. The 
scope of coverage of the EU commitments is very broad and aims at capturing all telecom services 
based on network neutrality. It covers all services consisting of the transmission and re ception of 
signals by electromagnetic means excluding broadcasting. The scope of coverage also excludes 
explicitly the economic activity of the provision of content requiring telecom services for its transport. 
The EU offer on market access and national tr eatment is subject to no limitations at all in Modes 1,  
2 and 3.  
 
 Compared to our GATS Schedule of commitment, Singapore has improved our specific 
commitments for the Telecommunications Services. For example, we have improved the condition 
for Market Access in Mode 3 in the services we classified as Telecommunications Services.  
 
1.21.   Paragraph 4.59: Which principles of the regulatory framework established in the 
Agreement concern telecommunication services?  
Joint response from the Parties  
 
 The prin ciples applying on telecommunications services are included in Sub -Section 5 
"Telecommunications services " from Article 8.24 to Article 8.48. These regulatory principles apply 
to both Parties and aim at ensuring a level playing field for the telecom suppli ers of a Party investing 
and supplying telecom services in the territory of the other Party. The principles cover issues such 
as interconnection, access, colocation, independence of the regulator, authori zation, Competitive 
Safeguards on Major Suppliers, U nbundled Network Elements etc. While these principles build on 
the GATS Reference Paper they go much further in regulating this sector.  
 
1.22.   Paragraph 5.51: Section D contains provisions on general matters such as 
cooperation and coordination in law enforcemen t (Article 11.11), confidentiality 
(Article  11.12) and consultation (Article 11.13).  
a. To date, have the Parties implemented  cooperation , coordination  or consultation  
activ ities regarding  economic competition, such as in the area of investigations 
into anti -competitive practices and other areas of antitrust policy (such as 
merger control or promotion) which  have required greater specificity in terms of 
the competition provisions contained in the Agreement?  
Joint response from the Parties  
 
 No, the parties ha ve not yet taken actions under these articles.  
 
b. Is it possible for the national competition authorities of the European Union 
member States to invoke the provisions of Articles 11.11, 11.12 and 11.13 with 
the aim of cooperating and coordinating on matters relat ed to the application of  
competition laws, confidentiality and consultations?    
Response from the delegation of the European Union  
 
 Only the Parties of the Agreement (European Union and Singapore) can rely on the agreement. 
As a result, national competition authorities in the EU cannot rely on these provisions.  
 
1.23.   Paragraph 5.33: Competition in the supply of postal services is covered by 
Article  8.22. The Parties shall introduce or maintain and enforce appropriate measures for 
the purpose o f preventing suppliers of postal services from engaging in or continuing 
anti-competitive practices.  
 What measures will the Parties implement in order to comply with Article 8.22?  
 
Joint response from the Parties  
 
 The postal services market is fully open  in the EU. The Postal Services Directive [Directive 
2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive WT/REG402/2  
 
- 9 - 
 
  97/67/EC with regard to the full accomplishment of the internal market of Community postal 
services] include s provisions requiring the abolition of any remaining reserved areas and measures 
to ensure fair competition. The conditions governing the provision of universal postal services were 
harmoni zed at a minimum level so that postal operators would be able to e stablish themselves in all 
Member States to provide all postal services (parcel and letter mail services) under conditions that 
are similar.  Regarding access, the Directive, requires Member States to give all postal operators 
access to "elements of postal infrastructure "—facilities and information resources used in providing 
postal services —"[w]henever necessary to protect the interest of users and/or to promote effective 
competition. " Moreover, EU competition rules, such as on state aid and merger control , also apply 
to the postal sector with the aim of ensuring a level playing field for postal operators and promoting 
competition between them.  
 
 For Singapore, the measures are assured through the application of Singapore 's Postal 
Services Act, Postal Compe tition Code, and the conditions applied to the License holders.  
 
Trade Remedies  
 
1.24.   Paragraph 3.58: The Parties affirm their rights and obligations arising under 
Article  VI of GATT, the Anti -Dumping Agreement and the SCM Agreement, and shall apply 
anti-dumpin g and countervailing measures in accordance with the provisions of Chapter  3 
of the Agreement (Article  3.1). They agree that anti -dumping and countervailing 
measures should be used in full compliance with the relevant WTO requirements, and 
should be based on a fair and transparent system and careful consideration should be 
given to the interests of the Party on whose product such a measure is to be imposed.  
a. Could the Parties explain what is meant by the obligation to give  "careful 
consideration" to the inte rests of the Part y on whose product an anti -dumping 
and/or countervailing measure is to be imposed?  
Joint response from the Parties  
 
 Careful consideration refers to Parties ' general approach in applying anti -dumping and 
countervailing measures, which should always be proportionate, prudent and in accordance with the 
relevant WTO requirements.  
 
b. Do the Parties provide for any specific mechanism to be exhausted or followed 
as pa rt of giving  "careful consideration" ? If so, please indicate what this 
mechanism entails .  
Joint response from the Parties  
 
 No specific mechanism is envisaged.  
 
1.25.   Paragraph 3.61: Neither Party shall apply anti -dumping or countervailing measures 
where, on th e basis of the information made available during the investigation, it can 
clearly be concluded that it is not in the public interest to apply such measures 
(Article  3.4).  
a. Could the Parties clarify whether there is a clear definition accepted by both 
Parti es of the term "public interest" or at least general criteria indicating what 
is to be understood by this term. Where a definition or criteria exist, please 
specify  what they are. If no definition or criteria exist, could the Parties indicate 
whether it is  sufficient for the existence of public interest to be determined  in 
accordance with each Party's domestic legislation?  
Joint response from the Parties  
 
 As indicated in the Article, public interest shall take into account not only the situation of the 
domestic industry, but also the situation of other stakeholders such as importers and their 
representative associations, representative users and representative consumer organisations, to the 
extent they have provided relevant information to the investigat ing authorities.  
 WT/REG402/2  
 
- 10 - 
 
  b. Could the Parties explain whether the obligation set out in paragraph 3.61 , 
interpreted a contrario , implies that an anti -dumping or countervailing measure 
may only be applied where the application has been determined to be in the  
public interest?  Could a measure be applied if it is determined that, although the  
application  of the measure is  not contrary to the public interest, it  is not in the  
public interest?  
Joint response from the Parties  
 
 As a general rule, anti -dumping or co untervailing measures can be applied when the legal 
conditions pursuant to WTO rules are met. The public interest test only requires Parties not to apply 
an anti -dumping or countervailing measure where, on the basis of the information made available 
during  the investigation, it can clearly be concluded that it is not in the public interest to apply such 
a measure.  
 
1.26.   Paragraph 3.66: Article 11.7 on prohibited subsidies reaffirms the rights and 
obligations of the Parties under Article 3 of the SCM Agreement wh ich is incorporated into 
the Agreement mutatis mutandis. The Article prohibits (i) any legal arrangements 
whereby a government or any public body is responsible for covering debts or liabilities 
of certain undertakings without any limitation in law or in f act as to the amount of those 
debts and liabilities or the duration of such responsibility and (ii) any support to insolvent 
or ailing undertakings in whatever form without a credible restructuring plan and without 
the undertaking itself significantly cont ributing to the costs of restructuring.  
 Is there a clear definition accepted by both Parties of "public body" , or general 
criteria that indicate what should be understood by this term? Where a definition or 
criteria exist, please specify  what they are.  
 
Joint response from the Parties  
 
 The concept of "public body " relates to Article 1 of the SCM Agreement. The EU -Singapore 
FTA does not contain a  definition or criteria of "public body ". 
 
Services (Section C – Establishment)  
 
a. Both the EU and Singapore have adopted Agreements (CETA, EUMFTA, TPP, 
CPTPP, and PA), which address investment as a separate discipline from 
services, under an extremely broad and complex regulation. Is there any reason 
why the Parties would have decided not to do the same in this Agreement and  
simply maintain provisions on liberalization, while leaving aside investment 
protection matters?  
Response from the delegation of the European Union  
 
 It is the EU's approach to negotiate investment liberali zation in services sectors ("mode 3"  
GATS) and non -services sectors together.  
 
b. In light of the above, it would be useful to for the Parties to confirm that the 
Agreement does not provide for a mechanism to resolve  disputes between 
investors and the State, or refer to the establishment of int ernational courts in 
this regard .  
Joint response from the Parties  
 
 The FTA does not provide for investor to state dispute settlement. But the IPA does.  
 
c. Compared with other agreements such as the CETA and the CPTPP, what would 
the level of ambition of this Agreement be?  
Joint response from the Parties  
 
 Similar  WT/REG402/2  
 
- 11 - 
 
  Telecommunications  
 
1.27.   Section 4.6.3: Are any non -public telecommunication services covered by the 
Agreement?  
Joint response from the Parties  
 
 The EU Schedule of commitments covers all telecommunications services as explained in 1.1.  
Paragraph 4.40. Nevertheless, Sub -Section 5 "Telecommunications services " includes many 
regulatory disciplines, the majority of which apply only to public telecommunications services. The 
latter a re well defined in this same Sub -Section.  
 
Electronic commerce  
 
1.28.   Section  5.13,  paragraph 5.69: The Parties agree on the importance of facilitating 
electronic commerce and the applicability of WTO rules to electronic commerce . 
a. Please indicate to which specif ic rules this paragraph refers. It is unclear, as it 
may refer to the Work Programme on Electronic Commerce or the joint initiative 
on electronic commerce, which is still under negotiation.  
Joint response from the Parties  
 
 This sentence refers to the appl ication of the existing WTO rules, i.e. the Marrakesh Agreement 
and its Annexes, to electronic commerce.   
 
b. Regarding electronic commerce (5.13), does the Agreement contain provisions 
on: electronic signature, electronic authentication, consumer protection and, 
where applicable, location of servers?  
Joint response from the Parties  
 
 The Agreement contains a rule prohibiting customs duties on electronic transmissions, as well 
as provisions on the electronic supply of services, e -signatures and regu latory cooperation, including 
on consumer protection. It also recognises the importance of free flow of information on the internet, 
of the protection of intellectual property rights and personal data.  
 
c. Does the Agreement provide for non-discriminatory treatment of electronic 
transactions?  
Joint response from the Parties  
 
 The reference to the applicability of WTO rules to e -commerce in Article 8.57(1) clarifies that 
e-commerce fall under the same rules as offline trade.  
 
d.  Are there re strictions on electronic commerce in the Agreement with regard to 
security matters  or legitimate public policy objectives?  
Joint response from the Parties  
 
There are no specific exceptions in the e -commerce Chapter, however the general, security 
and pruden tial exceptions in the Agreement apply to the e -commerce commitments as well.  
 
e. Does the Agreement provide for the use of trade administration documents for 
the promotion of paperless trade, in order to facilitate electronic trade?  
Joint response from the Parties  
 
 There are no specific provisions on trade administration documents in the e -commerce 
Chapter. However, Articles 6.6 and 6.7, 6.13 and 6.15 on customs procedures contain a number of 
provisions on the electronic processing of customs documents.  WT/REG402/2  
 
- 12 - 
 
  Question s from the delegation of the United States  
 
1.29.   Article 3 on "Cumulation of Origin" of Protocol I "Concerning the Definition of the 
Concept of "Originating Products" and Methods of Administrative Co -operation" allows 
cumulation with ASEAN Members who are non-parties to the FTA, if those countries have 
an FTA with the EU.  
 Can you specify which countries currently meet that requirement, and how many 
you expect to reach that requirement in the next year?  
 
Joint response from the Parties  
 
 Under the EUSFTA, ASEAN cumulation may only be applied if the necessary conditions are 
met: the ASEAN countries involved have undertaken to comply or ensure compliance with the rules 
of origin provisions of the EUSFTA, provide the administrative cooperation necessary to ensure the 
correct implementation of those provisions and notify this to  the EU. As no such undertaking has 
been notified to the EU thus far, this cumulation is currently not in use. The future application of this 
cumulation is conditioned upon the fulfilment of the relevant conditions.   
 
Balance of Payments safeguards  
 
1.30.   Regarding paragraph 3.57 (Balance of Payments Safeguards) of the EU – Singapore 
FTA, we note that in the case of transfers restrictions imposed in response to "serious 
balance -of-payments and external financial difficulties, or…threat thereof" (Article 16.9), 
the Agreement requires the measures to be of "limited duration," but does not set a time 
limit. However, for restrictions imposed because of "serious difficulties, or the threat 
thereof, for the operation of that Party's economic and moneta ry policy or exchange rate 
policy" (Article 16.10), measures are limited to six months, with the possibility of 
extension.  
 Can the authorities explain the rationale for the different limits on duration of 
safeguards measures?  
 
Joint response from the Par ties 
 
 The respective durations are the result of the negotiated outcome.  
 
__________