Energy Commission Ghana Steps Up Port Surveillance to Protect Public Safety and Prevent Revenue Loss

In a decisive move to strengthen national security and consumer protection, the Energy Commission (EC) of Ghana has significantly intensified its surveillance and enforcement operations at the Tema Port. This action targets the importation of substandard, unregulated, and potentially hazardous electrical and renewable energy products, following a revealing internal investigation that uncovered widespread irregularities. The initiative underscores a critical commitment to public safety, environmental health, and fiscal integrity.

Introduction: A Critical Crackdown on Unsafe Imports

The Energy Commission of Ghana, the statutory body responsible for regulating the development and utilization of energy resources, has launched a heightened enforcement campaign at the country’s primary seaport. This operation, led by the Commission’s Inspectorate Unit, is a direct response to findings from an internal audit commissioned by the new Board of Directors after their appointment in August. The investigation exposed systemic loopholes being exploited by importers, allowing thousands of non-compliant products—from solar photovoltaic (PV) systems to household electrical appliances—to enter the Ghanaian market unchecked. The core mission is twofold: to prevent dangerous goods from causing fires, equipment failures, and health hazards, and to stem significant losses in government revenue from unpaid levies and duties.

Key Findings from the Port Investigation

The Board’s inquiry, which prompted the on-site port visit by Chairman Professor John Gartchie Gatsi and management, revealed alarming statistics and operational weaknesses. The findings form the bedrock of the new enforcement strategy.

Scale of Unlicensed Solar PV Imports

Between December 2024 and August 2025, approximately 98,000 solar PV devices were imported into Ghana. A significant majority of these were brought in without the mandatory licenses and without the proper payment of statutory fees and levies. This represents a massive breach of the Energy Commission Act and related regulations designed to ensure all solar equipment meets safety and performance standards.

Seizure of Non-Compliant Goods

In the three months preceding the report, port inspectors had already seized about 300 refrigerators and other electrical items that failed to meet required standards. This on-the-ground action demonstrates the immediate threat posed by substandard cooling appliances, which can be fire risks due to faulty wiring or refrigerant issues.

Exploitation of Regulatory Loopholes

Importers are reportedly exploiting a模糊 distinction between commercial importation and goods declared for “personal use.” By declaring large consignments of regulated products as personal effects, they bypass stricter licensing and inspection protocols, flooding the market with uncertified items.

Background: The Regulatory Framework and Its Challenges

To understand the significance of this crackdown, it is essential to grasp the existing regulatory landscape for energy products in Ghana and the historical gaps that enabled this situation.

The Role of the Energy Commission

Established under the Energy Commission Act, 1997 (Act 541), the EC is mandated to regulate, manage, and develop the sustainable energy sector. A key part of this mandate is the type approval and licensing of all electrical appliances, renewable energy technologies (like solar panels and inverters), and related equipment before they are sold or used in Ghana. This ensures consumer safety, grid stability for connected systems, and fair competition.

The Transition Period Vulnerability

Professor Gatsi identified the period of government transition—when boards and management may not be immediately constituted—as a critical window of regulatory vulnerability. During these times, oversight can weaken, and “unscrupulous importers” move quickly to exploit the perceived lack of enforcement. The current Board’s formation and swift investigation aim to close this window permanently.

The “Personal Use” Loophole

Customs and import regulations often have simplified procedures for personal effects. However, there is no legal threshold that allows a business to import hundreds of regulated items (like solar panels or batteries) and classify them as personal use. The EC’s investigation highlights that this grey area has been systematically abused, necessitating clearer guidelines and stricter verification at the point of entry.

Analysis: Public Safety, Revenue, and Systemic Risks

The implications of allowing substandard and unregulated energy products into Ghana are severe and multi-faceted, touching on safety, economics, and institutional integrity.

Immediate Threats to Life and Property

Prof. Gatsi was unequivocal about the dangers: non-compliant electrical wires, appliances, and batteries directly increase the risk of fire outbreaks, electrical shocks, and equipment failures. Substandard wiring lacks proper insulation and current capacity, leading to overheating and sparks. Faulty batteries, especially in solar systems or electric vehicles, can overheat, leak toxic chemicals, or even catch fire or explode. The proliferation of such items turns homes, markets, and workplaces into potential hazard zones.

The Hidden Hazard: Toxic Materials and E-Waste

Many non-compliant products, particularly cheap electronics and batteries, contain hazardous substances like lead, cadmium, mercury, and brominated flame retardants. These pose risks not only during use (through exposure or leaks) but also at end-of-life. Ghana already faces significant challenges with electronic waste (e-waste) management. Importing products that are not built to standard or are immediately defective accelerates the e-waste stream, often leading to unsafe informal recycling practices that poison communities and the environment.

Significant Revenue Leakage

The state is losing “significant revenue” across multiple agencies. This includes:

Energy Commission Levies and Fees: Unpaid licensing and type approval fees.
Customs Duties and VAT: Under-invoicing or misclassification to reduce tax burden.
Ghana Revenue Authority (GRA) Collections: Overall tax loss from the informal channeling of goods.

While a precise figure was not provided, the volume of 98,000+ solar devices alone represents millions in potential lost revenue that funds regulatory activities and public services.

Compromised Seizure and Disposal Protocols

The investigation uncovered a deeply concerning practice: seized goods were sometimes moved to warehouses belonging to the same importers they were seized from. This creates a clear conflict of interest, risks the disappearance of evidence, and undermines the entire enforcement process. It points to a need for independent, secure storage facilities, hence the EC’s consideration of bonded warehouses or leased facilities under clear legal frameworks.

Practical Advice and Proposed Reforms

The Energy Commission is not merely identifying problems; it is charting a path forward with specific operational and strategic reforms.

Immediate Operational Steps

Increased Staffing: Deploying more inspectors to the Tema Port for continuous and effective monitoring.
Enhanced Collaboration: Forging a formal partnership with the Ghana Revenue Authority (GRA) to utilize bonded warehouses. This ensures seized goods are stored securely under customs control, preventing tampering and creating a clear audit trail.
Cost Recovery: Exploring legal mechanisms to pass the costs of storage and disposal of illegal goods onto the importers responsible, as a deterrent.
Secure Disposal: Continuing collaboration with the Environmental Protection Agency (EPA) for the environmentally sound disposal of confiscated items, particularly those with hazardous components.

Systemic and Legal Reforms

Strengthening Internal Controls: Addressing the practice of clearing agents signing detention paperwork improperly by implementing stricter verification protocols and digital tracking of seized items.
Clarifying Import Regulations: Working with the Ghana Customs Authority to redefine and strictly enforce the criteria for “personal use” versus commercial importation of regulated energy products.
Board-Level Review: The Board will formally meet to consider the full investigation report and its recommendations, ensuring high-level political and administrative will for reform.
Public Awareness: While not explicitly stated in the report, such a crackdown is often paired with public campaigns to educate consumers on how to identify certified products and the dangers of counterfeits.

Advice for Legitimate Importers and Businesses

For businesses involved in the legal importation of electrical and solar products, this heightened surveillance underscores the non-negotiable need for:

Advance Licensing: Secure all necessary Energy Commission type approval certificates and import licenses before shipping goods.
Accurate Documentation: Ensure commercial invoices, packing lists, and bills of lading correctly describe goods, their quantities, and their intended commercial use.
Due Diligence on Suppliers: Verify that overseas suppliers provide products that genuinely meet Ghanaian standards (often based on IEC or ISO standards).
Engage Professional Clearing Agents: Use agents with proven expertise in handling regulated commodities to navigate port procedures correctly.

Frequently Asked Questions (FAQ)

What specific products are targeted by this surveillance?

The operation targets all “regulated products” under the Energy Commission’s purview. This explicitly includes: solar PV panels, inverters, batteries (including for EVs and solar storage), electrical wires and cables, lighting fixtures (LEDs, bulbs), household appliances (refrigerators, TVs, fans), and any other equipment that uses or distributes electrical energy.

How can a consumer know if an electrical or solar product is compliant?

Consumers should look for the Energy Commission’s certification label or stamp on the product or its packaging. This label typically includes a unique identification number that can sometimes be verified. Purchasing from authorized, reputable dealers is the safest bet. Be extremely wary of products sold at unusually low prices, as this is a common indicator of counterfeits or substandard goods.

What happens to seized goods?

Seized goods that are found to be non-compliant are generally confiscated by the state. They are stored securely (ideally in bonded warehouses) and ultimately disposed of in an environmentally responsible manner, often in collaboration with the EPA. They are not returned to the importer. The importer may also face prosecution, fines, and revocation of business licenses.

Does this affect personal travelers bringing in items?

Yes, but with a clear distinction. A genuine traveler bringing a single personal item (e.g., one laptop, one personal phone charger) for personal use is generally not subject to the same licensing as a commercial importer. However, bringing in multiple items (e.g., 10 identical phone chargers, several solar lanterns) will likely be deemed commercial importation and require full EC licensing and clearance. The crackdown aims to stop the abuse of the “personal use” exemption by businesses.

What are the legal penalties for importing non-compliant products?

Penalties are stipulated in the Energy Commission Act and related customs laws. They can include:

Forfeiture of the goods.
Payment of all outstanding duties, taxes, and EC levies, plus penalties.
Fines imposed by the court.
Potential imprisonment for severe or repeated offenses.
Revocation of business operating licenses.

Conclusion: A Necessary Step for a Safer, More Compliant Market

The Energy Commission of Ghana’s intensified port surveillance at Tema is a critical and necessary intervention. It addresses a clear and present danger to public safety from substandard electrical and solar products, while also plugging a significant hole in national revenue. The investigation’s findings—from the massive influx of unlicensed solar PVs to the mishandling of seized goods—paint a picture of a system previously vulnerable to exploitation. The proposed solutions, focusing on stronger port presence, inter-agency collaboration with the GRA and EPA, and clearer regulatory definitions, provide a robust framework for reform.

For the strategy to succeed, it must be sustained beyond the current Board’s tenure, supported by consistent funding for inspectorate activities, and backed by the judiciary for effective prosecution. Ultimately, this move signals that Ghana is prioritizing the safety of its citizens and the integrity of its market over the short-term gains of illegal importation. A compliant, safe, and fairly taxed energy products market is foundational for sustainable economic development and the well-being of all Ghanaians.