Proposal for a Council Decision concluding the stepping stone Economic Partnership Agreement between the European Community and its Member States, of the one part, and Ghana, of the other part
Date: 2008-07-10
Institutions: European Commission
Subjects: Ghana, cooperation agreement, economic cooperation, negotiation of an agreement (EU), signature of an agreement

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.7.2008 
COM(2008) 441 final 

2008/0137 (AVC) 

Proposal for a 

COUNCIL DECISION 

concluding the stepping stone Economic Partnership Agreement between the European 
Community and its Member States, of the one part, and Ghana, of the other part 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The attached proposal constitutes the legal instrument for the conclusion of a stepping stone 
Economic Partnership Agreement (EPA) between the European Community and its Member 
States,  of  the  one  part,  and  Ghana,  of  the  other  part:  Proposal  for  a  Council  Decision 
concluding the stepping stone EPA. 

As  announced  in  the  Communication  to  the  Council  and  the  European  Parliament  dated  23 
October  2007,  the  stepping  stone  EPA  has  been  negotiated  with  Ghana  in  order  to  avoid 
disrupting trade between this country and the Community on the expiry on 31 December 2007 
of the trade provisions set out in Annex V of the Cotonou Agreement and the WTO waiver 
that covered them, and pending the completion of a comprehensive EPA with the whole West 
African  region1.  Following  the  initialling  of  this  Agreement  respectively  on  13  December 
2007,  Ghana  was  added  to  the  list  of  countries  benefiting  from  an  EPA  trade  regime 
established by Council Regulation (EC) No 1528/2007, adopted on 20 December 2007. This 
Regulation  provided  for  an  advance  application  of  the  EPA  trade  regime.  Following  the 
initialling of a stepping stone EPA on 7 December 2007, Côte d'Ivoire was also added to this 
list.  As  Least  Developed  Countries  (LDC),  all  other  West  African  countries,  except  Nigeria 
and  Cape  Verde,  are  subject  to  the  Everything  But  the  Arms  (EBA)  initiative  since  the  1st 
January  2008  which  offers  duty  free  quota  free  access  to  the  EC  market  for  all  products 
except arms. Cape Verde was graduated on 1st January 2008 to the status of non-LDC but has 
been granted a three-years extension during which it will still benefit from the EBA regime, 
as  foreseen  by  Council  Regulation  No  980/2005  of  27  June  2005  applying  a  scheme  of 
generalised tariff preferences (GSP). Nigeria, which is a non-LDC, was offered the possibility 
of negotiating a stepping stone EPA equivalent with those negotiated with Côte d'Ivoire and 
Ghana  but  decided  not  to  do  so.  Consequently,  they  are  subject  to  the  regular  GSP  regime 
since the 1st January 2008. 

The  negotiation  of  a  full  EPA  with  the  whole  West  African  region  continues,  consistently 
with the negotiating directives for EPAs with the ACP States adopted by Council on 12 June 
2002. 

The  stepping  stone  EPA  contains  provisions  on  Trade  in  Goods,  Customs  and  Trade 
Facilitation, Technical Barriers to Trade and Sanitary and Phytosanitary Measures. There are 
also  Development  Cooperation  provisions  setting  out  priority  areas  of  action  for  the 
implementation  of  the  EPA.  Each  individual  substantive  chapter  of  the  Agreement  includes 
specific areas of cooperation and a Development Cooperation declaration establishes the link 
with  the  EU  Aid  for  Trade  strategy  and  recalls  the  Commission's  and  Member  States' 
intention  to  contribute  to  a  regional  development  fund.  The  Agreement  also  foresees  the 
continuation of negotiations at regional level on investment, services and trade related issues 
and provides that the full regional EPA will supersede it once concluded. 

Pending the entry into force of the stepping stone EPA, the stepping stone EPA foresees the 
provisional application of the Agreement. 

– 

The Commission requests the Council  

1 

The countries of this region are Benin, Burkina Faso, Ivory Coast, Guinea Bissau, Mali, Niger, Senegal, 
Togo, Cape Verde, Gambia, Ghana, Guinea, Liberia, Nigeria, Sierra Leone and Mauritania. 

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– 

to conclude the stepping stone EPA on behalf of the Community. 

The  European  Parliament  will  be  called  upon  to  give  its  assent  to  the  conclusion  of  the 
stepping stone EPA. 

The Member States are also parties to the Agreement, which therefore need to be ratified by 
them according to their internal procedures. 

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2008/0137 (AVC) 

Proposal for a 

COUNCIL DECISION 

concluding the stepping stone Economic Partnership Agreement between the European 
Community and its Member States, of the one part, and Ghana, of the other part 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
133 and 181 in conjunction with the second subparagraph of Article 300(3) thereof, 

Having regard to the proposal from the Commission2, 

Having regard to the assent of the European Parliament3, 

Whereas: 

(1) 

(2) 

(3) 

On  12  June  2002  the  Council  authorised  the  Commission  to  open  negotiations  of 
Economic Partnership Agreements with ACP countries. 

Negotiations  of  a  stepping  stone  Economic  Partnership  Agreement  (hereinafter 
referred  to  as  the  'stepping  stone  EPA')  have  been  concluded  with  Ghana  and  the 
Agreement has been initialled on 13 December 2007. 

The  stepping  stone  EPA  has  been  provisionally  applied  since  […]  pending  its  entry 
into force. 

(4) 

The stepping stone EPA should be concluded on behalf of the Community. 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  stepping  stone  Economic  Partnership  Agreement  between  Ghana  and  the  European 
Community and its Member States is hereby concluded on behalf of the Community. 

The text of this Agreement is attached to this Decision. 

2 
3 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

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Article 2 

The  President  of  the  Council  shall  give  the  notification  referred  to  in  Article  75  of  the 
Agreement on behalf of the Community. 

Done in Brussels, […] 

For the Council 
The President 
[…] 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

NAME OF THE PROPOSAL: 

COUNCIL DECISION on the conclusion of a stepping stone Economic Partnership 
Agreement  between  the  European  Community  and  its  Member  States,  of  the  one 
part, and Ghana, on the other part, 

2. 

BUDGET LINES: 

Chapter and Article: 12/120 

Amount budgeted for the year concerned: 16 431 900 000 (Budget 2008) 

3. 

FINANCIAL IMPACT  

(cid:59) 

(cid:133) 

Proposal has no financial implications 

Proposal has no financial impact on expenditure but has a financial impact on 
revenue – the effect is as follows: 

4. 

ANTI-FRAUD MEASURES 

In  order  to  protect  the  Communities'  financial  interests  against  fraud  and  other 
irregularities,  the  Commission  may  carry  out  on-the-spot  checks  and  inspections  in 
accordance with Article 21 of the stepping stone Economic Partnership Agreement. 
Where  necessary,  investigations  shall  be  conducted  by  the  European  Anti-Fraud 
Office (OLAF) and these shall be governed by Regulation (EC) No 1073/1999 of the 
European  Parliament  and  of  the  Council.  The  Commission  will  conduct  regular 
document-based and on-the-spot checks. 

5. 

OTHER REMARKS 

All remaining customs tariffs on products originating in those ACP regions or states 
that  concluded  negotiations  on  Economic  Partnership  Agreements  or  agreements 
including  WTO  compatible  trade  arrangements  were  removed  by  the  adoption  of 
Council  Regulation  1528/2007.  There  is,  therefore,  no  additional  financial  impact 
associated with this proposal. 

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