WT/REG382/2 /Rev.1  
14 November  2018 
(18-6937) Page: 1/4 
Committee on Regional Trade Agreements  Original:  English/Spanish  
 
  
ECONOMIC PARTNERSHIP  AGREEMENT BETWEEN T HE EUROPEAN UNION AN D GHANA 
(GOODS)  
QUESTIONS AND REPLIE S 
Revision  
 The following communication, dated 13 November  2018, is being circulated at the request of 
the delegations of the European Union and Ghana.  
 
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Questi on from the delegation of Chile  
 
Global safeguards  
Paragraphs 3.25 and 3.26, page 14 of the presentation  
 
1.1.  In Article 24, the Parties agree that, subject to the provisi ons of Article 24 they 
maintain their rights to adopt measures in accordance with Article XIX of the  GATT  1994, 
the WTO Agreement on Safeguards and Article 5 of the WTO Agreement on Agriculture.1 
This provision shall not be subject to the dispute settlement provisions of the Agreement.  
 Notwithstanding the commitment to the relevant WTO Agreements, the EU shall, 
considering the overall development objectives of the Agreement and the small size of 
Ghana's economy, exclude imports from Ghana from any measure taken pursuant to 
Article XIX of the GATT 1994, the WTO Agreement on Safeguards and Article 5 of 
the WTO  Agreement on Agriculture for five years from the date of entry into force of the 
Agreement . Not later than 120 days before the end of the five years, the EPA Committee 
shall review the operation of these provisions in the light of the development needs of 
Ghana, with a view to extending their application.  
With respect to the EU's exclusion of i mports from Ghana from any measure it takes 
pursuant to Article XIX of the GATT 1994, the WTO Agre ement on Safeguards and Article  5 
of the WTO Agreement on Agriculture, could the EU indicate whether it has extended or 
plans to extend to least -developed cou ntry (LDC) Members the exclusion from the 
application of global safeguards . 
 
 Internal comment : In Article 9 of the Agreement on Safeguards, flexibilities are 
granted to developing countries, a group that includes LDCs . One of those flexibilities is 
the ex clusion of developing countries from global safeguards applied by other Members.  
 
 According to paragraph 3.26 of the factual presentation, quoted above, the EPA 
between the EU and Ghana would exclude Ghana from safeguard measures taken by the 
EU for five years from the date of entry into force of the EPA, with the possibility of that 
time-period being extended.  
 
                                                
1 For the purposes of  Article 24 origin shall be determ ined in accordance with the 
non-preferential rules of origin of the Parties.  WT/REG382/2 /Rev.1  
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   Given the WTO rulings on the exclusion of trading partners from safeguard 
measures, this commitment under the EU -Ghana EPA could be considered in consistent 
with the Agreement on Safeguards.  
 
 Bearing in mind that this exclusion is based on a consideration of " the overall 
development objectives of the Agreement and the small size of Ghana's economy " – 
without any reference to whether or not Ghana me ets the percentage requirements set 
out in Article 9 with respect to the share of imports it accounts for in the importing 
Member (in this case the EU), if the exclusion is available only to Ghana (which is not an 
LDC Member) and is not available to LDC Me mbers, or if it were available only to those 
Members that had agreements with the EU and not to LDCs as a group (or whatever group 
of countries the EU considered to be below a certain level of development), this would 
constitute discrimination contrary to WTO rules . 
 
Response from the delegation of the European Union  
 
 The EU temporarily excludes the application of multilateral safeguard measures pursuant to 
Article XIX GATT in its Economic Partnership Agreements for a period of five years, beginning with 
the date of entry into force of the Agreement. At this stage, it has no concrete plans to extend such 
an exclusion to other least -developed WTO Members. I n any event, imports from least developed 
countries would be in principle generally excluded as they tend to remain below the WTO 3% 
de minimis  threshold or remain cumulatively below the 9% threshold.  
 
Questions from the delegation of Ecuador on the EU -Ghana EPA  
 
Trade environment  
Chara cteristic elements of the Agreement  
 
1.2.  Paragraph 2.4 in subchapter 2.1 ("Background Information") reads as follows: "As 
the Agreement is an interim agreement, Article 71 notes that the Parties will continue 
negotiations according to the provisions of the Agr eement. When negotiations are 
complete, the resulting draft amendments shall be submitted for approval to the relevant 
authorities. Moreover, the Agreement will be superseded by a global EPA concluded at the 
regional level with the EU at its entry into for ce (Article 75). Given that negotiations are 
continuing, the date of full implementation of the Agreement (envisaged for 
31 December  2022 in the Agreement) may be subject to change."  
In this regard, we would like to know the status of the ongoing negotiati ons in 
respect of the global Agreement between the West African States and the European Union, 
taking into consideration the benefits that regional integration processes generate for 
trade in goods between the parties, such as measures to improve condition s for the 
movement of originating goods, and measures to prevent the duplication of procedures, 
customs duties, and controls, etc.   
 
Joint response from the delegations of the European Union and Ghana  
 
 Negotiations of the regional EPA EU -West Africa were closed on 6 February 2014. All 
EU Member States and 13 out of 16 West African Countries* signed the EPA in December 2014, 
except Nigeria, Mauritania and Gambia. (* These countries are: Bénin, le Burkina Faso, le Cap Vert, 
la Côte d'Ivoire, le Ghana, La Guinée Bissau, La Guinée Conakry, le Libéria, le Mali, le Niger, le 
Sénégal, le Sierra Leone, le Togo).  
 
 The Gambia signed on 8  August  2018 and Mauritania on 21  September  2018. Nigeria's 
signature remains  pending. After signature by all the Parties, the agreement will be submitted for 
ratification. The agreement will enter into force when 2/3 of the West African signatories will have 
ratified the agreement.  
 WT/REG382/2 /Rev.1  
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  Provisions on trade in goods  
Import duties and c harges, and quantitative restrictions  
Liberalization of trade and tariff lines  
 
1.3.  Paragraph 3.7 in the subchapter entitled "Liberalization of trade and tariff lines" 
states the following: " Ghana's liberalization schedule is divided into four groups: Group A 
products were to be liberalized by 1  January  2013; liberalization was to start for Group B 
on 1 January  2013 and was to be completed by 31  December  2017; liberalization will start 
for Group C on 1  January  2018 and will be completed by 31  December  2022; pro ducts in 
Group D are excluded from liberalization.  […] The Parties indicate that discussions are 
ongoing to review the liberalization schedule and apply the liberalization foreseen by the 
Agreement as soon as possible.  […] The levy was to be eliminated on 1 January  2018 at 
the latest. However, the Parties note that the levy has not yet been eliminated and 
discussions are ongoing between the parties on the implementation of this provision. " 
In this regard, Ecuador would like to know whether a schedule contai ning the new 
liberalization dates for Groups A, B and C already exists, and what the situation will be for 
products belonging to Group D . 
 
Response to be provided.  
 
Rules of origin  
 
1.4.  Paragraph 3.13 in the subchapter "Rules of origin" stipulates that: "The A greement 
does not have rules of origin but the Parties agreed to establish a common and reciprocal 
regime governing rules of origin at the latest by 30  June  2008. The regime was to enter 
into force no later than the first day of the provisional application  of the Agreement, based 
on the rules of origin as defined by the Cotonou Agreement and providing for improvement 
while taking into account the development objectives of Ghana. The Parties note that the 
reciprocal common regime for rules of origin has not been established thus far but the 
matter is currently being discussed between them." Paragraph 3.14 in the same 
subchapter states that: "The provisions on rules of origin will be reviewed by the Parties 
no later than three years after the entry into force of the Agreement […]."  
In light of the above, we would like to know the status of the review of the provisions 
on origin, taking into consideration that the Interim Economic Partnership Agreement 
between the EU and Ghana entered into force in July  2016. Si milarly, the Parties should 
describe their progress as regards the establishment of the common and reciprocal regime 
on rules of origin that is mentioned, which was to enter into force " no later than the 
first day of the provisional application of the Agre ement  […]."  
 
Joint response from the delegations of the European Union and Ghana  
 
 The EU and Ghana are still negotiating a Protocol on Rules of Origin to the stepping stone 
Economic Partnership Agreement (EPA). The Protocol under negotiation is based on the agreed 
Protocol 1 on Rules of Origin to the EU -West Africa EPA, concluded but no t yet in force. It 
incorporates a series of improvements and updates which take into account latest developments on 
rules of origin.  
 
 In the meantime, the EU applies to imports from Ghana the rules of origin contained in the 
Annex II to the Regulation (EU ) 2016/1076 applying the arrangements for products originating in 
certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided 
for in agreements establishing, or leading to the establishment of, economic partnership 
agreements.  
 
Regulatory Provisions of the Agreement  
Customs and administrative cooperation  
 
1.5.  Paragraph 3.44 in the subchapter entitled "Customs and administrative cooperation" 
states that: "A Special Committee on trade and customs facilitation will be establi shed 
within the EPA Committee. According to the Parties this Committee has not yet been 
established. The Committee will report to the EPA Committee and will discuss customs WT/REG382/2 /Rev.1  
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  issues that are meant to facilitate trade between the Parties and monitor and the 
implementation and application of the Chapter and of rules of origin (Article 34)."  
In this regard, we would like to know if the private sector will be able to participate 
in the Special Committee on trade and customs facilitation. If so, this sector would have 
the right to speak and vote . 
 
Joint response from the delegations of the European Union and Ghana  
 
 The special Committee on trade and customs facilitation is composed by representatives of 
the Parties. A representative is an official from on the one hand, the European Union and, on the 
other hand Ghana. However the Parties collectively may decide to invite observers on an ad hoc 
basis.  
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