G/SPS/GEN/2120   
27 April 2023  
(23-2974) Page: 1/1 
Committee on Sanitary and Phytosanitary Measures  Original: Spanish  
 
  
PANAMA'S RESTRICTIONS REGARDING THE PROCEDURE TO REGAIN  
MARKET ACCESS FOR PERUVIAN POTATOES AND ONIONS  
(STC NO. 512) 
COMMUNICATION FROM PERU  
The following communication, received on 26 April 2023, is being circulated at the request of the 
delegation of Peru. 
 
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1.  Peru would like to raise before WTO Members its trade concern regarding the suspension by 
Panama of imports of onions for consumption from Peru and the related undue delays in the 
phytosanitary efforts to restore trade in this product. It should be  noted that the  concern  relating to 
potatoes will be partially  upheld, separate to this concern.  
2.  With regard to onions, pursuant to Articles 2.2 and 5 of the WTO SPS Agreement, Members shall 
establish sanitary and phytosanitary measures only where they are  applied, inter alia , to protect 
plants, and such measures must be based on a risk assessment. Moreover, Article  5.4 of the 
Agreement specifies that Members should take into account the objective of minimizing negative 
trade effects.  
3.  However, it is regrett able that Panama has not taken into account the above -mentioned 
provisions and has instead applied restrictive and unjustified measures to trade in onions from Peru.  
4.  In the case of trade in Peruvian onions, Panama suspended imports of this product in 2016 
despite not having detected any quarantine pest in the shipments that would justify the suspension 
of imports as an emergency measure (section 5.1.6.4, ISPM No. 20, G uidelines for a phytosanitary 
import regulatory system).  
5.  It should be noted that this suspension was based solely on an updated pest risk analysis (PRA), 
without there being any technical reason - as required under Article  5 of the SPS Agreement - to 
interrupt trade between the two parties.  
6.  This step is also contrary to the principle of "technical justification" under the International Plant 
Protection Convention, which states that the parties should technically justify phytosanitary 
measures on the basis o f conclusions reached by using an appropriate pest risk analysis or, where 
applicable, another comparable examination and evaluation of available scientific information.  
7.  In view of this situation, Peru has continued to provide a steady stream of technical information 
relating to the PRA in order to secure the reopening of the Panamanian market for onions; however, 
Panama's health authority has failed to provide a response regarding the results of its risk analysis 
and has repeatedly asked for the same infor mation that had already been sent in good time by the 
Peruvian health authority, causing the process to be unnecessarily and unjustifiably prolonged.  
8.  In the light of the foregoing, and in order to prevent a violation of Articles 2, 5 and 8 of, and 
Annex  C to, the SPS Agreement, Peru requests Panama to reopen the market to Peruvian onion 
exports and to avoid any other action that may unnecessarily prolong this process, thereby creating 
unnecessary and unjustified barriers to trade.  
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