3. The safeguard measures referred to in this Article shall not exceed what is strictly necessary to prevent or remedy serious injury or disruptions as defined in paragraphs 2 and 4(b) of this Article. These safeguard measures of the importing Party may consist only of one or more of the following:
(a) the suspension of any further reduction in the customs duty on imports applicable for the product concerned, as provided for by this Agreement;
(b) an increase in the customs duty on the product concerned up to a level that does not exceed the customs duty applied to other WTO Members; and
(c) the introduction of tariff quotas on the product concerned.
4. (a) Notwithstanding paragraphs 1 to 3 of this Article, when a product originating in the UK is imported in such increased quantities and under such conditions as to cause or threaten to cause one of the situations described in paragraphs 2(a), (b) and (c) of this Article in Ghana, it may take surveillance or safeguard measures, limited to its territory in accordance with the procedures defined in paragraphs 5 to 8 of this Article.
(b) Ghana may take safeguard measures where a product originating in the UK is, as a result of the reduction of duties, being imported into its territory in such increased quantities and under such conditions as to cause or threaten to cause disturbances to an infant industry producing like or directly competitive products. Such provision is applicable until 14 December 2026. Measures must be taken in accordance with the provisions of paragraphs 5 to 8.
However, if agreed by both Parties, this period may be extended if, despite the industrial development potential and the efforts actually undertaken, this objective has not been achieved due to the world economic situation or serious troubles affecting Ghana.
5. (a) The safeguard measures referred to in this Article shall be maintained only for the period necessary to prevent or resolve serious injury or disruptions such as those described in paragraphs 2 and 4 of this Article;
(b) The safeguard measures referred to in this Article shall be applied for a period not exceeding two (2) years. Where the circumstances warranting the imposition of safeguard measures continue to exist, such measures may be extended for a further period of two (2) years. Where Ghana applies a safeguard measure, such measure may however be applied for a period not exceeding four (4) years and, where the circumstances warranting imposition of safeguard measures continue to exist, extended for a further period of four (4) years;
(c) The safeguard measures referred to in this Article that exceed one (1) year shall have a clear timetable for being phased out by the end of the set period, at the latest;
(d) Except in exceptional circumstances subject to the approval of the TPA Committee, no safeguard measures referred to in this Article shall be applied to a product that has previously been subject to such a measure, for a period of at least one (1) year from the date of expiry of this measure.
6. For the implementation of the above paragraphs the following provisions shall apply:
(a) When a Party considers that one of the circumstances referred to in paragraphs 2 or 4 of this Article exists, it shall immediately refer the matter to the TPA Committee;
(b) The TPA Committee can make any recommendation necessary to remedy the circumstances that have arisen. Where the TPA Committee has not made recommendations to remedy the circumstances, or where a satisfactory solution has not been found in the thirty (30) days following notification to this Committee, the importing Party may adopt appropriate measures to remedy the circumstances, in accordance with this Article;
(c) Before taking one of the measures provided for in this Article or, in the cases referred to in paragraph 7 hereof, as soon as possible, Ghana shall communicate to the TPA Committee all information that can be used for a full examination of the situation with a view to finding an acceptable solution for both Parties;
(d) When selecting safeguard measures, priority must be given to those that help to efficiently and rapidly solve the problem, while causing the least possible disruption to the smooth application of this Agreement;
(e) All safeguard measures taken in accordance with this Article shall be reported immediately to the TPA Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit.
7. Where exceptional circumstances require immediate action, the importing Party concerned, whether the UK or Ghana, as the case may be, may take the measures provided for in paragraphs 3 and 4 of this Article on a provisional basis, without meeting the requirements of paragraph 6 hereof. Such action may be taken for a maximum period of one hundred and eighty (180) days where the measures are taken by the UK and of two hundred (200) days when the measures are taken by Ghana. The duration of such provisional measures shall be counted as a part of the initial period or of any extension defined in paragraph 5 of this Article. In taking these provisional measures, the interests of all stakeholders must be taken into account. The importing Party concerned shall inform the other Party and immediately refer the matter to the TPA Committee for examination.
8. If an importing Party subjects imports of a product to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows liable to give rise to the problems referred to in this Article, it shall inform the TPA Committee of this without delay.
9. The WTO Agreements shall not be invoked to prevent a Party from adopting safeguard measures under the provisions of this Article.
Article 26. Cooperation
1. The Parties recognise the importance of cooperation with regard to trade defence instruments for ensuring fairness and transparency in the trade between them.
2. The Parties agree to cooperate, including by facilitating assistance measures, in the following areas in particular:
(a) the development of regulations and institutions to ensure trade defence;
(b) the development of capacity, in particular of the competent administrative authorities of Ghana, to improve the understanding and the use of the trade defence instruments provided for in this Agreement.
Chapter 3. TECHNICAL BARRIERS TO TRADE, SANITARY AND PHYTOSANITARY MEASURES
Article 27. Objectives
1. The objectives of this Chapter are to facilitate trade in goods between the Parties while increasing the capacity of the Parties to identify, prevent and eliminate unnecessary obstacles to trade as a result of technical regulations, standards and conformity assessment procedures applied by either Party while not affecting the capacity of the Parties to protect plants, animals and public health.
Article 28. Scope and Definitions
1. The provisions of this Chapter shall apply to technical regulations, standards and conformity assessment procedures defined in the Agreement on Technical Barriers to Trade in Annex 1A to the Agreement establishing the WTO (hereinafter referred to as the "WTO TBT Agreement") and to the sanitary and phytosanitary measures as defined in the Agreement on the Application of Sanitary and Phytosanitary Measures in Annex 1A to the Agreement establishing the WTO (hereinafter referred to as the "WTO SPS Agreement") in so far as they affect trade between the Parties.
2. For the purposes of this Chapter and unless otherwise indicated, the definitions used in the WTO TBT Agreement and in the WTO SPS Agreement, the Codex Alimentarius, the International Plant Protection Convention (IPPC), and by the World Organisation for Animal Health (OIE) shall apply, including any reference to the products in this Chapter.
Article 29. Competent Authorities
1. The authorities of the two Parties responsible for the implementation of the measures set out in this Chapter are referred to in Appendix II to Annex D to this Agreement.
2. In accordance with Article 32 of this Agreement, the Parties shall keep each other informed of any significant changes in the competent authorities shown in Appendix II to Annex D to this Agreement. The TPA Committee shall adopt any amendment necessary of Appendix IH to Annex D to this Agreement.
Article 30. Mutual Obligations
1. The Parties reaffirm their rights and obligations under the relevant WTO Agreements, in particular under the WTO SPS Agreement and the WTO TBT Agreement. The Parties also reaffirm their rights and obligations under the IPPC, the Codex Alimentarius and the OIE.
2. The Parties reaffirm their commitment to improving public health in their respective territories, in particular by strengthening their capacities to identify non-compliant products.
3. These commitments, rights and obligations shall underline the activity of the Parties in relation to this Chapter.
Article 31. Determination of Sanitary and Phytosanitary Areas
In relation to importing conditions, the Parties may, on a case-by-case basis, propose and identify areas with an established sanitary and phytosanitary status, with reference to Article 6 of the WTO SPS Agreement.
Article 32. Transparency of Trade Conditions and Exchange of Information
1. The Parties shall mutually inform one another of any changes to their technical import requirements (including for live animals and plants).
2. If necessary, the Parties agree to inform each other in writing of the measures taken to prohibit the importing of goods with the aim of addressing a given problem concerning health (public, animal or plant), safety or the environment as soon as possible, in accordance with the recommendations set out in the WTO SPS Agreement.
3. The Parties agree to exchange information with the aim of collaborating so that their products comply with the technical regulations and standards subject to which they may access each other's markets.
4. If necessary, the Parties shall also directly exchange information on other areas that the Parties agree to be of potential importance for their trade relations, including food safety issues, the sudden appearance of animal or plant diseases, scientific opinions and other noteworthy events relating to product safety. In particular, the Parties undertake to inform each other when applying the principle of sanitary and phytosanitary zoning as set out in Article 6 of the WTO SPS Agreement.
5. If necessary, the Parties agree to exchange information on the epidemiological surveillance of animal diseases. As regards phytosanitary protection, the Parties shall inform each other of the appearance of pests presenting a known and immediate danger for the other Party.
6. The Parties agree to cooperate with a view to alerting each other early when new regional rules might have an impact on mutual trade.
Article 33. Cooperation
1. The Parties recognise the importance of cooperating in the areas of technical regulations, standards, sanitary and phytosanitary measures and conformity assessment in order to achieve the objectives of this Chapter.
2. The Parties agree to cooperate, in accordance with the provisions of Article 4, in order to raise the quality and competitiveness of priority products for Ghana shown in Appendix I to Annex D to this Agreement and access to the market of the UK, including through facilitating support, notably financially, in the following areas in particular:
(a) the establishment of an appropriate framework for the exchange of information and sharing of expertise between the Parties;
(b) cooperation with international standardisation bodies, including facilitating participation by representatives of Ghana in the meetings of such bodies;
(c) the adoption of technical standards and regulations, conformity assessment
procedures and sanitary and phytosanitary measures that are harmonised at regional level on the basis of the relevant international standards;
(d) the strengthening of the capacities of public and private operators, including information and training, with the aim of helping exporters to conform to UK tules and standards, and to participating in international organisations;
(e) the development of national capacities to assess product compliance and to gain access to the market of the UK.
Chapter 4. OTHER NON-TARIFF BARRIERS
Article 34. Prohibition of Quantitative Restrictions
On the entry into force of this Agreement, all prohibitions or restrictions on imports or exports affecting trade between the two Parties shall be eliminated, with the exception of the customs duties and taxes and the fees and other charges referred to in Articles 13 and 14 of this Agreement, irrespective of whether they are implemented through quotas, import or export licensing or other measures. No new measures shall be introduced. The provisions of this Article are without prejudice to the provisions concerning trade defence instruments referred to in Chapter 2 of this Part of this Agreement.
Article 35. National Treatment of Internal Taxation and Regulation
1. Imported products originating in one Party shall not be subject, either directly or indirectly, to internal taxes or other internal charges of any kind in excess of those applied, directly or indirectly, to like domestic products of the other Party. The Parties shall refrain from applying any other form of taxation or other internal charges with the aim of providing protection for their national output.
2. Imported products originating in one Party shall benefit from treatment that is no less favourable than the treatment given to like domestic products of the other Party in respect of all laws, regulations and requirements affecting their sale, offering for sale, purchase, transportation, distribution or use on the national market. The provisions of this paragraph shall not prevent the application of differential internal transportation charges that are based exclusively on the economic operation of the means of transport and not on the origin of the product.
3. Neither Party shall establish or maintain any internal regulation relating to the mixture, processing or use of products in specified amounts or proportions that directly or indirectly requires any specified amount or proportion of any product that is the subject of the regulation to be supplied from domestic sources. Furthermore, each Party shall refrain from applying any other form of internal quantitative regulation with the aim of providing protection for its output.
4. The provisions of this Article shall not prevent the payment of subsidies intended exclusively for national producers, including payments to national producers derived from the proceeds of internal taxes or charges applied in compliance with the provisions of this Article and subsidies effected through governmental purchases of national products or for their benefit.
5. The provisions of this Article shall not apply to the laws, regulations, procedures or practices relating to public procurement.
6. The provisions of this Article shall be without prejudice to the provisions of this Agreement concerning trade defence instruments.
Chapter 5. FACILITATION OF TRADE, CUSTOMS COOPERATION AND MUTUAL ADMINISTRATIVE ASSISTANCE
Article 36. Objectives
1. The Parties recognise the importance of customs cooperation and of facilitating trade in the evolving context of world trade. The Parties agree to increase cooperation in this area with a view to ensuring that the relevant legislation and procedures, as well as the administrative capacity of the relevant administrative authorities, fulfil the objectives of effective control and promotion of the facilitation of trade, and contribute to development and regional integration.
2. The Parties recognise that legitimate public policy objectives, including those relating to security and fraud prevention, shall not be compromised in any way.
3. The Parties undertake to ensure the free movement of the goods covered by this Agreement within their respective territories.
Article 37. Customs Cooperation and Mutual Administrative Assistance
1. In order to ensure compliance with the provisions of this Chapter, and to respond effectively to the objectives set out in Article 36 of this Agreement, the Parties shall:
(a) exchange information concerning customs legislation and procedures;
(b) develop joint initiatives relating to import, export and transit procedures and initiatives to offer an efficient service to the business community;
(c) cooperate on the automation of customs procedures and other trade procedures and collaborate, where appropriate towards the establishment of common data exchange standards;
(d) adopt wherever possible common positions in relation to customs in international organisations such as the WTO, the World Customs Organisation (WCO), the United Nations and the United Nations Conference on Trade and Development (UNCTAD);
(e) cooperate on the planning and implementation of technical assistance, in particular in the area of customs reforms and to facilitating trade, in accordance with the provisions of this Agreement; and
(f) encourage cooperation between all the administrative authorities, organisations and other institutions concerned, both within one and the same country and between countries.
2. Notwithstanding paragraph 1 of this Article, the administrative authorities of the Parties shall provide mutual administrative assistance for customs matters, in accordance with the provisions of Protocol No. 2 on Mutual Administrative Assistance in Customs Matters set out in Annex E to this Agreement.
Article 38. Customs Legislation and Procedures
1. The Parties shall do everything in their power to ensure that their respective trade and customs laws, provisions and procedures are based on the international instruments and standards in force in customs and trade areas, including the essential elements of the International Convention on the Simplification and Harmonization of Customs Procedures, concluded at Kyoto on 18 May 1973, and revised in Brussels on 26 June 1999, the WCO Framework of Standards to Secure and Facilitate Global Trade, the WCO data model and the International Convention on the Harmonized Commodity Description and Coding System of 1983.
2. In order to improve working methods and ensure respect for the principles of non- discrimination, transparency, efficiency, integrity and accountability of operations, the Parties shall:
(a) take the measures necessary to reduce, simplify and standardise the data and documents required by customs and other related bodies;
(b) simplify customs requirements and formalities wherever possible, in respect of the rapid release and clearance of goods;
(c) provide effective, prompt and non-discriminatory procedures enabling the right of appeal, against customs and other agency administrative actions, rulings and decisions affecting imports, exports or goods in transit. Procedures for appeal shall be easily accessible, including to small or medium enterprises and any costs shall be reasonable and commensurate with the costs in providing for appeals;
(d) ensure the maintenance of ethical standards through the application of measures reflecting the principles of the relevant international conventions and instruments in this area, in particular the revised Arusha Declaration of 2003.
Article 39. Facilitation of Transit Movements
1. The Parties shall ensure the free transit of goods through their territory on the most suitable transit route. Any restrictions, controls or requirements in this regard must be justified by a legitimate public policy objective, and must be non-discriminatory, proportionate and applied in a uniform manner.
2. Without prejudice to legitimate customs checks, the Parties shall treat goods in transit from the territory of the other Party no less favourably than goods from the domestic market, exports, imports and their movement.
3. The Parties shall establish transit customs regimes to allow the movement of goods with no obligation to pay customs duties or other charges, subject to the provision of appropriate guarantees.
4. The Parties shall endeavour to promote and implement regional transit arrangements with the aim of reducing barriers to trade.
5. The Parties shall draw upon and use international standards and instruments relevant to transit.
6. The Parties shall ensure the cooperation and coordination of all the relevant authorities in their territories in order to facilitate transit traffic and promote cross-border cooperation.
Article 40. Relations with the Business Community
The Parties agree:
(a) to ensure that all the legislation, procedures, fees and charges are made publicly available, as far as possible by electronic means, together with the justification for them;
(b) to encourage cooperation between the operators and the relevant administrative authorities through the use of non-arbitrary, publicly accessible procedures, such as Memoranda of Understanding, based on those promulgated by the WCO;
(c) to ensure that their respective customs and related regimes and the requirements and procedures associated with them continue to meet the needs of the business community, are in line with best practices and remain as unrestrictive as possible for trade;
(d) on the need for consultation with trade representatives in due time and on a regular basis regarding legislative proposals and procedures relating to customs and trade issues. To this end, appropriate and regular mechanisms for consultation between the administrative authorities and the business community shall be established by each Party;
(e) that a reasonable period of time must pass between the publication and the entry into force of any new or amended laws, procedures, fees or charges. The Parties shall publish administrative information concerning in particular agency requirements, entry procedures, working hours and operational procedures of the customs authorities in ports and at border posts, and also on information contact points.
Article 41. Customs Valuation
Article VII of the GATT 1994 and the WTO Customs Valuation Agreement shall govern the application of the customs value to trade between the Parties. The Parties shall cooperate with a view to taking a common approach to issues relating to customs value.
Article 42. Cooperation
1. The Parties recognise the importance of cooperation on customs and trade facilitation for the implementation of this Agreement.
2. The Parties agree to cooperate, in accordance with the provisions of Article 4, including by facilitating support, notably in the following areas:
(a) the development of appropriate, simplified legislative and regulatory provisions;
(b) information and awareness-raising aimed at operators, including training for the staff concerned;
(c) building up capacities, modernisation and connectivity between customs authorities and related services.
Article 43. Continuation of Negotiations In the Field of Customs and Trade Facilitation
Within the negotiations of a free trade agreement between West Africa and the UK, the Parties agree to continue negotiations on this Chapter in order to complement it in a regional framework.
Article 44. Special Committee on Customs and Trade Facilitation
Within the TPA Committee, the Parties will set up a Special Committee on Customs and Trade Facilitation, comprising representatives of the Parties. This committee will report to the TPA Committee. It will discuss all customs issues meant to facilitate trade between the Parties and monitor the implementation and the application of this Chapter as well as the operation of rules of origin.
Chapter 6. AGRICULTURE, FISHERIES AND FOOD SECURITY
Article 45. General Provisions
1. The Parties recognise that in Ghana, the agriculture, including livestock farming, and fisheries sectors account for a significant proportion of its Gross Domestic Product, play a key role in the fight against food insecurity and provide an income and employment for most of the working population.
2. The Parties recognise that securing the food security of the population and raising the means of subsistence in a rural environment are essential for reducing poverty and must be viewed in the wider context of sustainable development and the Sustainable Development Goals. 3. The Parties emphasise the importance of the agricultural sector in the economy and for food security in Ghana and, in particular, the sensitive nature of the sectors that depend on international markets. Each Party shall ensure transparency in its domestic support policies and measures. The Parties shall exchange information concerning any agricultural policy measure at the request of either of the Parties.
Article 46. Food Security
When the implementation of this Agreement results or seems likely to result in difficulties for Ghana in obtaining or gaining access to the products necessary for ensuring food security, Ghana may take appropriate measures in line with the procedures described in Article 25 of this Agreement.
Part III. DISPUTE AVOIDANCE AND SETTLEMENT
Chapter 1. OBJECTIVE AND SCOPE
Article 47. Objective
The objective of Part III of this Agreement is to avoid and settle any disputes that may arise between the Parties with a view to arriving, where possible, at a mutually agreed solution.
Article 48. Scope
Part II applies to any dispute regarding the interpretation or application of this Agreement, with the exception of Articles 3 to 9 and except where otherwise provided.
Chapter 2. CONSULTATIONS AND MEDIATION
Article 49. Consultations
1. The Parties shall endeavour to settle disputes covered by Article 48 of this Agreement by entering into consultations in good faith with the aim of reaching a mutually agreed solution.
2. Any Party wishing to enter into consultations shall do so by presenting a request in writing to the other Party with a copy to the TPA Committee, specifying the measure in question and the provisions of this Agreement with which, in its opinion, the measure fails to comply.
3. The consultations shall be held within forty (40) days of the date on which the request was submitted. They shall be considered closed within sixty (60) days of the date on which the request was submitted unless the Parties agree to continue consultations. All information exchanged during the consultations shall remain confidential.
4. In urgent situations, in particular those involving perishable or seasonal goods, the consultations shall be held within fifteen (15) days of the date on which the request was submitted, and shall be considered closed within thirty (30) days of the date on which the request was submitted.
5. If the consultations are not held within the time limits specified in paragraph 3 or paragraph 4 of this Article or if the consultations are closed without the Parties' reaching agreement on a mutually agreed solution, the applicant shall have the option of invoking the arbitration procedure provided for in this Agreement.
Article 50. Mediation
1. If the consultations do not lead to a mutually agreed solution, the Parties may, by agreement, resort to a mediator. Unless the Parties agree otherwise, the terms of reference of the mediation shall be as set out in the consultation request.
2. Unless the Parties agree on a choice of mediator within ten (10) days of the agreement to request mediation, the Chairperson of the TPA Committee or his/her delegate, on being requested to do so by either of the Parties, shall choose by lot a mediator from among the persons on the list referred to in Article 66 of this Agreement and who are not nationals of either Party. The selection shall be made within twenty (20) days of the agreement to request mediation, in the presence of a representative from each of the Parties.
3. The mediator shall convene a meeting of the Parties at the latest thirty (30) days after being appointed. The mediator shall receive the submissions of each Party no later than fifteen (15) days before the meeting and shall give an opinion no later than forty-five (45) days after having been selected.
4. The mediator's opinion may include one or more recommendations on how to resolve the dispute consistent with the provisions referred to in Article 48 of this Agreement. The mediator's opinion shall not be binding.
5. The Parties may agree to modify the time limits referred to in paragraph 3 of this Article. The mediator may also decide to modify these time limits at the request of either Party or on his/her own initiative, depending on the particular difficulties affecting the Party concerned or the complexity of the case.
6. The mediation procedures and in particular all information exchanged and positions taken by the Parties during these procedures shall remain confidential.
Chapter 3. DISPUTE SETTLEMENT PROCEDURES
Section I. Arbitration Procedure
Article 51. Initiation of the Arbitration Procedure
1. Where the Parties do not succeed in settling their dispute after having recourse to the consultations provided for in Article 49 of this Agreement or after engaging in the mediation referred to in Article 50 hereof, the applicant may request the establishment of an arbitration panel.
2. A request for the establishment of an arbitration panel shall be sent in writing to the respondent and the TPA Committee. In its request, the applicant shall describe the specific situation or measure in question and set out the reasons why the situation or measure violates the provisions of this Agreement.
Article 52. Establishment of an Arbitration Panel
1. The Arbitration Panel Shall Be Composed of Three Arbitrators.
2. Within ten (10) days of the request for the establishment of an arbitration panel being submitted to the TPA Committee, the Parties shall consult one another in order to reach an agreement on the composition of the arbitration panel.
3. In the event that the Parties are unable to agree on the composition of the arbitration panel within the time frame laid down in paragraph 2 of this Article, either Party may request the Chairperson of the TPA Committee, or his/her delegate, to select all three members of the arbitration panel by lot from the list established under Article 66 of this Agreement, one from among the persons proposed by the applicant, one from among the persons proposed by the respondent and the third from among those selected by both Parties to chair the meetings. If the Parties have agreed on one or more of the members of the arbitration panel, the remaining member(s) shall be selected according to the procedure set out in this paragraph.
4. The Chairperson of the TPA Committee or his/her delegate shall select the arbitrators by lot within five (5) days of receiving the request referred to in paragraph 3 of this Article in the presence of a representative of each Party. The time and date of the selection shall be communicated to the Parties. No failure by either of the Parties to send their representative following an invitation shall in any way affect the validity of the selection.