G/SPS/GEN/2086  
16 November  2022 
(22-8530) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original:  Spanish  
 
  
PANAMA'S UNDUE DELAYS IN THE RENEWAL OF AUTHORIZATIONS FOR PLANTS  
OF PERUVIAN FISHERY AND LIVESTOCK ENTERPRISES  
(STC N O. 509) 
COMMUNICATION FROM PERU  
The following communication, received on 14 November 2022, is being circulated at the request of 
the delegation of Peru. 
 
_______ ________  
 
 
1.  Peru would like to present to WTO Members its specific trade concern regarding Panama's undue 
delays in renewing authorizations for plants of Peruvian fishery and livestock enterprises.  
2.  In particular, Peru wishes to point out that Article 8 of, and Annex C(1)(a) and C(1)(c) to, the 
SPS Agreement establish that the procedures undertaken to check the fulfilment of a sanitary 
measure must be completed without undue delay and the information requirements limited to what 
is necessary for these procedu res. Panama has failed to comply with this, since Peruvian enterprises' 
authorizations have not been renewed, with no technical justification, and despite the repeated 
requests made both bilaterally and multilaterally before this Committee.  
3.  In addition, de spite the bilateral meetings and efforts undertaken, Panama has failed to 
communicate the anticipated processing period for renewing authorizations  in manner that is timely 
and based on its regulations . There is also no information or certainty about the l ength of time that 
would be granted to Peruvian enterprises should renewal of their authorization be secured, in 
violation of Article 8 of, and Annex C(1)(b) to, the SPS  Agreement, which indicates that, upon 
request, Members must communicate the anticipate d processing period for an approval procedure.  
4.  Peru is uncertain as to why some companies are granted a longer period for the renewal of their 
authorizations and others a shorter period. Currently, the authorizations have expired, without a 
valid technical  justification, for a total of 31 Peruvian exporters of hydrobiological and livestock 
products.  
5.  It should be noted that, despite the requests made in the bilateral meetings and the fact that, in 
one of these meetings, Panama had stated that it had the nece ssary information to renew the 
authorization, in particular, of the livestock companies (San Fernando S.A. and Redondos S.A.), on 
8 April 2022, by Note  APA-DD-209-2022, the Panamanian health authority informed Peru that it was 
required to initiate the "zoo sanitary eligibility process", which had not been notified beforehand 
either bilaterally or multilaterally in this Committee. Peru responded to the Note1, requesting 
information on the process and the steps to be followed. However, to date, we have not re ceived a 
reply.  
 
1 Letter No. 0152 -2022-MIDAGRI -SENASA -DSA. G/SPS/GEN/2086  
- 2 - 
  6.  Likewise, the renewal is still pending for one Peruvian enterprise2 exporting processed dairy 
products, for which the relevant communications and repeated requests have been issued.3 
7.  At the last meeting of this Committee in June 2022, Panama indicated that it would take note of 
our concern and convey it to capital. It al so stated that a high -level bilateral meeting had been held 
between our countries within the framework of the Twelfth WTO Ministerial Conference, at which it 
had been agreed to hold a meeting of the Administrative Commission of our trade agreement 
(in October) where pending issues of interest to both Parties would be discussed.  
8.  However, despite having made this commitment, Panama has failed to respond to repeated 
requests made by Peru by email or to Official Note No. 540 -2022-MINCETUR/DM, dated 
8 September  2022 and addressed to the Minister for Trade and Industry of Panama, requesting a 
meeting of the Peru -Panama Free Trade Agreement Administrative Commission.  
9.  Peru regrets the clear failure of the Government of Panama to show any commitment to or 
interest in  providing responses to Peru's communications, or to the consultations regarding the 
non-renewal of the authorizations of Peruvian fishing and livestock enterprises.  
10.  To that end, Peru wishes to recall - once again - that, pursuant to Articles 2.2 and 5.1 o f the 
WTO SPS Agreement, Members' sanitary measures are to be applied only when they are necessary 
to protect human, animal or plant life or health and these measures must be based on a risk 
assessment. Unfortunately, Panama has still failed to indicate an y health reasons for not renewing 
the authorizations or granting new authorizations to Peruvian enterprises.  
11.  In the light of the foregoing, and in order to prevent a continued violation of Articles  2.2, 5.1 
and 8 of, and Annex C(1)(a), C(1)(b) and C(1)(c) to, the WTO SPS Agreement, Peru asks Panama 
to renew the authorizations of Peruvian export plants and to avoid further delays that have no 
technical justification and that, in practice, represent unnecessary barriers to trade.  
__________  
 
2 GLORIA S.A., plant code SNP1.  
3 Communications sent:  
Official Note No. 001-2021-MINCETUR/VMCE/DGPDCE/DRTCE, 7 January 2021:  
Official Note No. 069 -2021-MINCETUR/VMCE/DGPDCE/DRTCE, 14 June 2021.