NOTIFICATION TO THE WORLD TRADE ORGANIZATIONOF CONFORMITY ASSESSMENT PROCEDURS TAKEN BY THE REPUBLIC OF GHANA UNDER THE TECHNICAL BARRIERS TO TRADE AGREEMENT

The following notification is being circulated in accordance with Article 5.6

1. Member to Agreement notifying: The Republic of Ghana

2. Agency responsible: Ghana Standards Board (GSB) WTO TBT ENQUIRY POINTGhana Standards Board, P. O. Box MB-245,Accra, GhanaTel. +233 21 500231, +233 21 506996, Fax +233 21 500092E-mail gsbnep@ghanastandards.orgWeb site www.ghanastandards.org

3. Notified under: Articles 2.9.2 [X], 5.6.2[X]

4. Products covered: All consumer electrical and electronic products e.g.household appliances, IT equipment, lighting products (43.040.10) Used motor vehicles (43.020.) Motor vehicle tyres (83.160.10) Automatic glass (81.040.30) Vehicle spare parts (43.040) Motor vehicle batteries (29.220.20) Gas appliances (75.200) Toys (97.200.50) Galvanized steel, bars, sheets ; Alcoholic and Non alcoholic beverages(67.160.10 & 67.120.20) Pharmaceuticals (11.120) Ceramics (71.100.35) Pyrotechnic products (71.100.30) Arms and ammunitions (95.020) Building materials (91.100) Toys (97.200.50) Petroleum products (75.080) LPG cylinders and accessories(23.020.30) and Used goods (ICS numbers provided)

5. Title: Implementation of the Ghana Standards Board Conformity Assessment Program (GSBCAP)

6. Description: A conformity assessment program executed under the authority of GSB to ensure consumer protection through the prevention of the placing on the Ghanaian market of unsafe and substandard products

7. Objective and rationale: Protection of human health and safety

8. Relevant Documents: GSBCAP PROCEDURES AND GUIDELINES FOR EXPORTING CONSUMER PRODUCTS TO GHANA

9. Proposed Date of Enforcement: 15th March 2005Proposed Date of Adoption: 15th March 2005

10. Final Date for Comments: 14th March 2005

11. Texts available from: National enquiry point [X] or address, telephone and fax numbers, e-mail and website addresses, if available of the other body,

Objective and Rationale

The Republic of Ghana intends to implement the Ghana Standards Board Conformity Assessment Program (GSBCAP) as of 1st March 2005. The Program is a set of conformity assessment and verification procedures (CAVP) applicable to certain Regulated Products imported into Ghana, in order to assess their compliance with the applicable Ghanaian Technical Regulations and Standards in relation to the “legitimate objectives of protection of health, safety, the environment and prevention of deceptive practices” as allowed in Article 2.2 of the Technical Barriers to Trade Agreement. The procedures of the Program are detailed and published in the attached GSBCAP Procedures and Guidelines document, thereby providing full transparency to exporters.

Implementation of the subject measure constitutes an exercise of a WTO Members’ right under Article 5 of the Technical Barriers to Trade Agreement for “central government bodies to apply procedures for assessment of conformity to products originating in the territories of other Members in cases where a positive assurance of conformity with Technical Regulation and Standards is required.”

1) GSBCAP’s conformity assessment and verification procedures (CAVP) are applied in the countries of export of the Regulated Products prior to shipment, thereby satisfying the criteria of article 5.1.1 in providing “access” to manufacturers and exporters of products to Ghana, “including the possibility to have conformity assessment activities undertaken at the site of facilities and to receive the mark of the system.”

2) In compliance with the provisions of Article 5.1.2 which stipulates that “conformity assessment procedures shall be no more strict or be applied more strictly than is necessary to give confidence that products conform to the applicable technical regulations and standards”, GSBCAP adheres to the principle of proportionality in application of its procedures. The Program provides exporters the flexibility to choose between over 250 acceptable laboratories when seeking to provide a substantiating test report as well as recognizing existing certifications and test reports meeting minimum criteria e.g. CB scheme, ISO17025 accredited etc.

3) Conformity to Ghanaian technical regulations and standards is a mandatory requirement for imported and locally manufactured products alike. It should also be borne in mind that, in general, apart from exports of gold, cocoa, timber and certain minerals, the Republic of Ghana is a pure importer of products. Thus, taking into consideration the Developing Country status of Ghanaian, shortcomings (if any) in the current implementation of CAVP on locally manufactured products should not prejudice the right of the Ghanaian consumer to be protected at large against potential non-conformities in imported products that represent the majority of products available to them in the Ghanaian market. Should Developed Country Members consider (under their own non-binding evaluation) that CAVP applied by the Republic of Ghanaian on locally manufactured products are inadequate in any way, they are under obligation in accordance with Article 11 to provide Technical Assistance to the Republic of Ghanaian in developing its CAVP and bodies.

4) The GSB will chose and appoint one or more Program Management Companies (PMC) to administer the GSBCAP globally on its behalf pursuant to a detailed scrutiny of experienced operators. The selection of the PMC will consider the level of global experience in operating schemes such as GSBCAP, on the scale of GSBCAP and having local presence in the major exporting countries to Ghana. A

global conformity assessment infrastructure consisting of fully owned laboratories, fully owned and operated product certification marks and conformity assessment body status such as EU Notified Body are also key elements in selecting the PMC. The fees to be charged cover the costs of performing the required technical analysis and the provision of consultancy to help exporters demonstrate the compliance of their products with GSBCAP. These fees are in line if not more competitive than prevailing market rates. The fees do not involve any ad-valorem element and are clearly published to aid transparency. As such, the fees are equitable and “are limited in amount to the approximate cost of services rendered and does not represent an indirect protection to products or a taxation of imports or exports for fiscal purposes”.

5) The GSBCAP meets the criteria of Articles 5.2.2, 5.2.3, 5.2.4, 5.2.6, 5.2.7, and 5.2.8 in relation to processing periods and avoiding of delays, information and confidentiality requirements, the siting of facilities, and the handling of complaints, as explained in detail in the Procedures and Guidelines document.

6) The GSBCAP complies with the provisions of Article 5.4 in that all CAVP applied by the Program are based on the relevant International Guides and Recommendations.

7) The GSBCAP accepts results of CAP issued by internationally or nationally accredited or recognized bodies, or bodies with which mutual recognition agreements have been concluded, in as much as they offer an assurance of conformity to the applicable technical regulations and standards.

8) Notwithstanding the fact that all GSBCAP CAVP are in accordance with relevant International Guides and Recommendations, and since implementation of the GSBCAP may have an effect on the exports of Regulated Products by other WTO members to Ghana, the Republic of Ghana through submittal of this document is complying with the provisions of Article 5.6 by “notifying other WTO Members through the Secretariat of copies of the proposed conformity assessment procedure, the products covered by it, together with a brief indication of its objective and rationale … at an early appropriate stage, when amendments can still be introduced and comments taken into account.” Accordingly the Republic of Ghana is allowing a reasonable period of (60) days from the date of this notification for other WTO Members “to make comments in writing” and expresses its intent to “discuss these comments upon request, and take these written comments and the results of these discussions into account”. Additionally, the GSB will during the notification period “publish a notice in a publication at an early appropriate stage, in such a manner as to enable interested parties in other WTO Members to become acquainted with it, that it proposes to introduce this conformity assessment procedure”. This will take the form but is not limited to notification and forwarding of copies of the GSBCAP Procedures and Guidelines to foreign Embassies in Ghana, Ghana National Chambers of Commerce and Industry, Ghana Embassies in exporting countries, International Joint Chambers of Commerce, major manufacturers’ associations of the Regulated Products, as well as publishing of articles in the local newspapers and conducting information and discussion seminars about the Program with local businessmen and importers. A website will also be created to detail all GSBCAP process and procedures as well as local contact points for exporters.

9) The list of Regulated Products is attached as Appendix A of the GSBCAP Guidelines. For compliance with GSBCAP these products must meet certain essential clauses of international safety standards or, where these are considered deficient with respect to the needs of Ghana, to local Ghana Industry Standards. A full list of applicable standards for each product category will be published and maintained on www.ghanastandards.org. In addition, the Republic of Ghana may

from time to time add (or delete) other products for regulation under the GSBCAP which are believed to pose a safety or other legitimate risk to the Ghana consumer, but will always provide appropriate notification and allow an adequate period between the date of publicizing the measure and its entry into force, in order to enable exporters to comply.

GHANA STANDARDS BOARD

PROCEDURES AND GUIDELINES FOR EXPORTING CONSUMER PRODUCTS TO GHANA

JANUARY 2005

INTRODUCTIONIn accordance with government legislation, the Ghana Standards Board (GSB) has implemented a new scheme for the control of certain categories of imported consumer goods. The new scheme, to be known as Ghana Standards Board Conformity Assessment Programme (GSBCAP) will be implemented from 1 March 2005.

These Guidelines are published to provide exporters and manufacturers with the overall general requirements their products have to meet prior to shipment to Ghana.

The new scheme will apply provisionally to a defined list of imported consumer products (Regulated Products – see Appendix A).

Regulated products must demonstrate compliance with Ghanaian technical regulations i.e., Ghanaian or other approved international standards prior to shipment.

Certificates of Analysis (CoA) issued from the exporting countries are required to accompany all consignments of Regulated Products exported to Ghana. Failure to provide a CoA will result in the goods being detained for quality checks at the Ghanaian ports. The exporter may then face substantial costs for re-exporting the goods and the importer may also be required to pay a penalty fine

PROCEDURES FOR OBTAINING CERTIFICATE OF ANALYSISFor all Regulated Products, exporters may obtain a CoA by providing an acceptable Test Report which demonstrates the safety and compliance of the product to be shipped. To obtain a CoA the exporter is required to submit to the GSB Country Office (GSBCO) in the exporting country, the following documentation:

Declaration of Conformity Test Report Request for Certification One photograph of the product which clearly identifies what is being shipped

taken from in front of the product. The photograph may be sent electronically in jpg format.

For a full list of GSB-CO locations and contact details see Appendix II

Upon successful verification of the test reports, a Certificate of Analysis will be issued to enable the importer to effect clearance of the goods through customs.

Where the Exporter does not hold a valid Test Report then they are required to obtain such a Test Report. A valid Test Report can be obtained from a GSB approved laboratory whose scope of GSB approval covers that product. A list of approx 250 GSB approved laboratories will be published prior to 01 March 2005. These will be present in all the main exporting countries to Ghana. Once the Test Report has been obtained then the procedure for obtaining a CoA outlined above should be followed.

Alternatively, importers could submit samples of items they intend to import to Ghana Standards Board for testing and issue of certificate of quality before committing to import.

Importers would be required to provide clear specifications of items since testing would be based on importer’s declaration.

Certificates of Conformity (CoC) would be issued to importers who so qualify to cover the intended consignments. Each certificate would carry a validity period.

‘Upon arrival of the goods, the importer would tender the certificate as part of the clearance documents to enable clearance from the port.

Goods that arrive at the ports without a CoA nor a CoC based on a forward sample, would await inspection and laboratory testing by GSB before they could be clearded.

USED VEHICLESEvery used vehicle will be physically inspected prior to shipment to ensure compliance.

To obtain a CoA, the exporter provides a completed Request for Certification form (RFC) to the GSB Country Office and a physical inspection is carried out in accordance with the GSB Code of Practice for Used Vehicles. A Certificate of Analysis is issued to the exporter after a successful inspection and presentation of a valid final invoice.

The following procedure outlines the steps required to obtain a Certificate of Analysis: Fig. 1 overleaf provides an overview of the GSBCAP process.

A Request for Information letter (RFI) will be sent to the exporter. The RFI will stipulate that a valid GSB certificate is a mandatory part of the information that the exporter must supply before the vehicle will be allowed into Ghana.

The Exporter will then submit all documentation to the GSB Country Office located in the nearest country of supply.

The Exporter should then provide the testing agency with five working days notice prior to the desired date of inspection, (mandatory for used vehicles).

If all required elements have been successfully completed, a Certificate of Analysis

will be issued to the exporter within five working days following the receipt of correct final documentation. If there are non-compliances detected during the compliance verification process, the exporter will be advised of the corrective action required to remedy the discrepancy.

Failure to apply corrective action will result in the issuance of a Statement of Non Conformity (SoNC).

Figure 1 (overleaf) shows the process flow exporters are required to follow in order to obtain a Certificate of Analysis.

Figure 2 shows the options A and B described above.

Fig 1GSBCAP Process

Fig. 2: Compliance Verification Options

A

B

Valid Test Report

Used Car certification

Verification

Physical Inspection

CoA

CoA

Mar

ket P

lace

Post Market Surveillance End

ADDITIONAL GUIDELINESIt is essential that importers assist in making their exporters aware of the above requirements and options. It is strongly recommended that the presentation of a Certificate of Analysis be made a requirement of the condition of sale and be included in Letters of Credit (L/C).

Requests for Certification must be submitted far enough in advance to ensure that the Certificate of Analysis is issued prior to the intended shipment date.

Typical operational turnaround times are as follows:-

a. Where pre-supply inspection is required (e.g. used vehicles), it is normally conducted on a mutually agreed date, scheduled within five working days from the date of notification by the manufacturer or exporter that a consignment is ready for shipment. Following the receipt of the final documents and successful completion of the pre-supply inspection, a Certificate of Analysis is normally issued within 5 working days.

If a consignment fails to meet the requirements, the exporter will be given full details of the deficiency and an opportunity to take corrective action. Where corrective action is not taken, a Statement of Non-Conformity is issued.

Upon arrival of the shipment at the Ghanaian port of entry, the accompanying Certificate of Analysis is checked for authenticity and shipment details before final release.

Compliance verification performed under the mandate of this Program does not relieve the exporter or manufacturer of his obligations to the importer or distributor under the terms of the contract of sale.

One of the legitimate objectives of the Programme is to prevent deceptive practices. This includes, but is not confined to, fraudulent attempts to export or market counterfeit goods or goods deliberately “passed off” under well known or branded names.

Where these practices are evident, the Certificate of Analysis will be refused, and the information will be passed to the relevant authorities in Ghana and/or the country of export.

REGULATED PRODUCTS - SCOPEAppendix A lists the products currently regulated under the Programme which may be amended from time to time. Further clarification of products covered under this Programme may be obtained from the GSB Country Offices or Central Coordinating Office.

If an exporter is not certain whether or not products being exported or supplied to the Ghanaian market are covered by the Programme, GSB Country Offices may be contacted for clarification. An official Regulated or Non-Regulated letter will be issued from the Central Coordinating headquarters in Accra. Unless otherwise advised, the Non-Regulated letter is valid for a period of twelve months from the date of issue.

POINTS OF CONTACT

GSB Country OfficeThe GSB Country Offices have the responsibility to arrange and conduct pre-supply compliance verification procedures and issue Certificates of Analysis within their nominated countries of export or supply. If a GSB Country Office (CO) is not available in a country, verification may be arranged by contacting the appropriate CO nominated to deal with that country.

The CO acts as the central contact, information and processing point within its region for manufacturers and exporters. The CO is responsible for the receipt, dissemination and clarification of Programme requirements, and the distribution of other updated relevant information.

To ensure the CO’s competence, integrity and uniformity of procedures, CO staff are continuously evaluated and receive extensive training on all technical and administrative activities involved in the inspection and certification processes.

Under the supervision of the Central Coordinating Office, consistency of performance of the COs is assured. The location of COs is continuously reviewed, and additional COs are established according to geographic and operational considerations.

Questions relating to the contents of this document should be directed, in the first instance, to one of the Country Offices (CO), identified in Appendix B.

Central Coordinating Office DetailsGhana Standards BoardPO Box MB 245AccraGhanaian.

Tel: +233 021 500065/500066/501495/506991/506996 Fax: +234 021 500092

CONFIDENTIALITYAll information (written and oral) concerning the business affairs of an exporter or manufacturer which is made available during execution of this Programme will be kept confidential by Central Coordinating Office and any of its agents.

All such information obtained will be used solely in connection with the implementation and maintenance of the Programme requirements.

FEESFees applicable to the Programme are paid by the party requesting certification to the appropriate body issuing the CoA or performing conformity assessment and verification functions. These fees cover the cost of technical and administrative activities involved in the execution of GSBCAP. Unless otherwise agreed in advance, fees are payable prior to the release of the Certificate of Analysis.

Appendix A – Regulated ProductsThis list may be amended from time to time dependent upon the needs of the GSBCAP

i) All consumer electrical and electronic products e.g. household appliances, IT products, lighting products.

ii) Used motor vehicles

iii) Motor vehicle tyres

iv) Automotive glass

v) Vehicle spare parts

vi) Motor vehicle batteries

vii) Gas Appliances (LPG cylinders and accessories)

viii) Toys

ix) Galvanised steel, steel bars, sheets

x) Food items

xi) Alcoholic & non alcoholic beverages

xii) Pharmaceuticals

xiii) Chemicals

xiv) Used goods

xv) Pyrotechnic products

xvi) Arms and ammunitions

xvii) Building materials

xviii) Petroleum products

xix) Appendix B – GSB Country OfficesThese offices may increase or decrease in number or change location dependent upon the needs of the GSBCAP

COUNTRY ADDRESS CONTACT DETAILSARGENTINA (SEE MIAMI)

AUSTRALIA 218, LORIMER STREET, PORT MELBOURNE, VICTORIA 3207P.O. BOX 483, PORT MELBOURNE, VICTORIA 3207

Capt. KHALED SAIFULLAH

TEL 61 3 9646 9299 FAX 61 3 9646 0308E-MAIL: khaled.saifullah@intertek.com.au ftsaustralia@intertek.com

AUSTRIA GOTTFRIED KELLER GASSE 2,SUITE 19, 4TH FLOORA 1030 WIEN

MR VOJKO DEBELJAK

TEL 43 1 710 2900 FAX 43 1 710 2276E-MAIL: v.debeljak@inspection-services.net

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GREECE SEPOLION & LEHOVOU 1 STREET,GR 104 45 ATHENS, GREECE.

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HOLLAND LEERLOOIERSTRAAT 1353194 AB HOOGVLIET RTTHE NETHERLANDS

MR GERT VAN RHEENENOI LING LUI PRIYA SEWGOBINDTEL 31 10 2630049 FAX 31 10 2630040E-MAIL: operations@rts-rdam.nl

HONG KONG 19/F GOLDEN CENTRE188 DES VOEUX ROADCENTRAL, HONG KONG

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INDIA 401, EVEREST HOUSE, 4TH FLOOR 6, SUREN ROAD, ANDHERI (EAST)MUMBAI 400093, INDIA

MS RAJUL NAVALKARMS HETAL SHAHMS DEEPALI BANGERATEL 91 22 5693 4848 FAX 91 22 5693 4800E-MAIL: info.mumbai@intertek.com

INDONESIA CILANDAK COMMERCIAL ESTATE, MRS WIDYANTINI W (ANI)

COUNTRY ADDRESS CONTACT DETAILSBUILDING NO. 103 W,JI. CILANDAK KKO , JAKARTA SELATAN, JAKARTA 12560INDONESIA

MR TAUFIK HIDAYAT

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IRELAND ADMINISTRATION BUILDINGTOLKA QUAY ROAD, DUBLIN PORTDUBLIN

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ITALY VIA ALDO MORO 4720100 GESSATE (MILANO)

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JORDAN WASFI TAL STREET, (OPPOSITE JORDAN NATIONAL BANK), AMMON BUILDING, PO BOX 182154, AMMAN 11118, JORDAN

MR. TAREQ ABU QAOUDMR. FARAJ DABABNEH

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KOREA (SOUTH) 10F, IMKWANG BUILDING267 MIKEUN-DONGSEODAEMOON-KUSEOUL 120-020

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GHANAIAN OKOI ARIKPO HOUSE (NUC BLDG), 4 IDOWU TAYLOR ST, PO BOX 51402, VICTORIA ISLAND, ACCRA 900234

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PAKISTAN 163/D, MIRAN MOHAMMEDSHAH ROAD, KDA SCHEME NO. 1KARACHI, PAKISTAN

 

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PHILIPPINES ITS BUILDING, 2310 PASONG TAMO EXT.MAKATI, METRO MANILA

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SINGAPORE 5 PEREIRA ROAD# 04-01ASIAWIDE INDUSTRIAL BUILDINGSINGAPORE 368025

MS SERENE CHAN MS LUCIA NGMS AMELIA TOHMS CHING HUIYINGTEL 65 6281 1060 FAX 65 6280 5254E-MAIL: serene.chan@intertek.com

SOUTH AFRICA AMR OFFICE PARK 1CONCORDE ROAD EAST,BEDFORDVIEW, JOHANNESBURG

MRS JENNI HUNTERMR CLIVE CREWSTEL 27 11 450 3780 FAX 27 11 455 4017/8E-MAIL: ccrews@itsfts.co.uk

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TURKEY AVRASYAGOZETME KONTROL VELABORATUVAR SERVISLERISAKAYIK SOKAK, 37/980200 TESVIKIYE-ISTANBUL (TURKIYE) 

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