Ghana-EU economic partnership agreement

 

SUMMARY OF:

Economic Partnership Agreement between Ghana and the European Union and EU countries

Council Decision (EU) 2016/1850 — signature and provisional application of the stepping stone Economic Partnership Agreement between Ghana and the European Union and the EU countries

WHAT IS THE AIM OF THE AGREEMENT?

Its objectives include:

• granting Ghana continued favourable access to the EU market under a bilateral agreement that is compatible with WTO (World Trade Organisation) rules;
• providing a long-term arrangement to help boost trade and investment between Ghana and its single biggest trading partner, the EU, thus contributing to Ghana’s economic development.

KEY POINTS

The agreement starts with a preamble setting out the reasons underlying it and its aims. This is followed by 7 titles:

• Title 1:

  Objectives:

  • Give Ghana better market access to the EU than is allowed by the EU’s General Scheme for Preferences.
  • Avoid disruption after the expiry of the Cotonou Agreement.
  • Help achieve Ghana’s broader objectives of reducing poverty and promoting regional integration, economic cooperation and good governance in West Africa.
  • Promote Ghana’s participation in the global economy.
  • Strengthen EU-Ghana ties based on solidarity and mutual interest.
  • Reach an agreement compatible with WTO rules.
• Title 2:

  Partnership for development:

  • The parties to the agreement commit to:
    • financial and non-financial cooperation;
    • cooperation to maximise benefits for Ghana;
    • making the business climate as favourable as possible;
    • supporting Ghana in the implementation of trade-related rules;
    • working to make Ghana competitive in the areas covered by the agreement.
  • Both sides recognise that lower customs duties may have a disruptive impact and agree to cooperate to mitigate any negative effects.
• Title 3:

  Trade regime for goods

  This title is divided into 4 chapters.

  • Chapter 1:

    Customs duties* & non-tariff measures

    The parties agree that:

    • fees and other charges arising from legal obligations pre-dating the signing of the agreement will apply for a further decade, with a possibility of extension;
    • imports into the EU of products originating in Ghana will bear zero customs duties, except for arms and ammunitions, as soon as the agreement comes into force;
    • for certain types of goods, customs duties on EU exports to Ghana will be maintained, or eliminated over 15 years; and
    • rules of origin will be negotiated.
  • Chapter 2:

    Trade defence measures

    • Either party may invoke anti-dumping and countervailing measures, in accordance with WTO rules.
    • Similarly, either side may invoke multilateral safeguards. This must be done in accordance with GATT (the General Agreement on Tariffs and Trade), the WTO Agreement on Safeguards and the WTO Agreement on Agriculture.
    • Either party may apply safeguard measures under specific circumstances. Some safeguards only apply to Ghana (disruption of markets or protection for infant industries)
    • Both sides recognise the importance of cooperation in the field of trade defence measures.
  • Chapter 3:

    Customs & trade facilitation

    The parties agree to:

    • share information on customs legislation and procedures;
    • work together on import, export and transit procedures;
    • cooperate to automate trade procedures;
    • take a common approach as regards international organisations including the WTO, the World Customs Organisation, the United Nations and the UNCTAD, the United Nations Conference on Trade and Development;
    • promote coordination between all related agencies;
    • set customs valuation rules on reciprocal trade under GATT rules.
  • Chapter 4:

    Technical barriers to trade & sanitary & phytosanitary measures

    • Ghana and the EU maintain their rights under multilateral obligations such as: the WTO’s agreements on sanitary and phytosanitary (SPS) measures and on technical barriers to trade; the International Plant Protection Convention; the CODEX Alimentarius; the World Organisation for Animal Health.
    • Either side may propose and identify zones of defined sanitary and phytosanitary status under the WTO SPS agreement (e.g. regions that are disease-free or with low degrees of pest or disease prevalence).
    • Each side will notify the other of any changes to technical import requirements for products including live animals and plants. They will also alert the other side to any new rules banning imports of certain items.
    • Both sides agree to cooperate in international standard setting bodies.
• Title 4:

  Services, investment & trade-related rules

  The parties agree to help reach an economic partnership agreement between West Africa and the EU in the following areas:

  • Trade in services and electronic commerce
  • Investments
  • Competition
  • Intellectual property.
• Title 5:

  Dispute avoidance & settlement

  The agreement puts in place mechanisms to

  • avoid any trade disputes;
  • settle any such disputes through an arbitration panel;
  • ensure compliance with the panel’s ruling.
• Title 6:

  General exceptions

  • General exception clause: ensures the agreement cannot be used to prevent either side taking steps to protect life or conserve natural resources, for example.
  • Security exceptions: the parties must inform each other of any action they take to protect essential security interests and maintain international peace and security, and of any decisions to halt such initiatives.
  • Taxation: the agreement cannot be used, for example, to justify any tax discrimination based on where people live or have their investments, or to limit either party’s rights or obligations under any tax convention.
• Title 7:

  institutional, general & final elements of the agreement

  This title includes aspects such as the following:

  • the 2 sides will continue negotiations along the same lines as those used to reach this agreement;
  • an Economic Partnership Agreement Committee will be set up to manage the agreement;
  • the agreement will automatically apply to any candidate countries as soon as they join the EU.
  • the agreement provides linkages with the Cotonou Agreement.

FROM WHEN DOES THE AGREEMENT APPLY?

The agreement was signed on 28 July 2016, on the understanding that it would be concluded at a later date. It has been provisionally applied since 15 December 2016 but has not yet come into force.

BACKGROUND

• Ghana and the EU (European Union External Action Service)
• EU trade relations with West Africa (European Commission)
• How can the EPA help Ghana’s sustainable development? (European Commission).

KEY TERMS

MAIN DOCUMENTS

Stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part (OJ L 287, 21.10.2016, pp. 3-319)

Council Decision (EU) 2016/1850 of 21 November 2008 on the signature and provisional application of the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part (OJ L 287, 21.10.2016, pp. 1-2)

last update 15.08.2017