G/SPS/GEN/2011   
6 April 2022  
(22-2759) Page: 1/3 
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 NO. 509) 
COMMUNICATION FROM PERU  
The following communication, received on 4 April 2022, is being circulated at the request of the 
delegation of Peru. 
 
___________ ____  
 
 
1.  Peru would like to express before WTO Members its trade concern regarding Panama's undue 
delays in renewing authorizations for plants of Peruvian fishery and livestock enterprises.  
2.  Article 8 and Annex C(1)(a) and C(1)(c) of the SPS Agreement establi sh 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 procedures. Panama has 
failed to comply with this since Peruvian e nterprises' authorizations have not been granted or 
renewed despite the repeated requests sent by Peru and without due technical justification.  
3.  Peru wishes to highlight that, despite the bilateral meetings and efforts undertaken, Panama has 
not communicate d the anticipated processing period for renewing authorizations or including new 
authorized enterprises; there is also uncertainty as to the length of time that would be granted to 
Peruvian enterprises should renewal or a new authorization be secured, in v iolation of Article 8 and 
Annex C(1)(b) of the SPS Agreement, which indicates that upon request, Members must 
communicate the anticipated processing period for an approval procedure. Peru is also uncertain as 
to why some companies are granted a longer peri od for the renewal of their licences and others a 
shorter period.  
4.  Twenty -four Peruvian exporters of hydrobiological products are currently affected (their 
authorization is no longer valid): two whose authorization expired on 30  June 2021 and another 22 
whose authorization expired on 31 October 2021, without technical justification. There is also 
another enterprise1 whose registration will expire in April of this year and, as in the aforementioned 
cases, remains unattended by Panama. Furthermore, Panama has  failed to attend to another 49 
enterprises whose inclusion on the Panamanian health authority's official list has been requested, 
 
1 The enterprise is VITAPRO S.A.  G/SPS/GEN/2011  
 
- 2 - 
 
  despite the fact that Peru has provided all the required health information since 2019.2 On this point, 
it is worth noting that Peru has a USD 1.4 million export potential for hydrobiological products.3 
5.  Likewise, three4 Peruvian livestock enterprises are awaiting the renewal of their authorization 
and one5 enterprise has applied for a new authorization from Panama. In this connection, Peru has 
issued communications since October 2020, which have not been addressed in accordance with 
Annex C of the WTO SPS Agreement. These enterprises' exports to Panama reached USD 323,000 
in 2020. Furthermo re, Peru's export potential in Panama of frozen turkey meat and turkey, not cut 
in pieces, is approximately USD  138,900 and USD 338,000, respectively.6 
6.  Likewise, the renewal is still pending for one7 Peruvian enterprise exporting 
processed  dairy products , for which the relevant communications and repeated requests have been 
issued.8 The enterprise's dairy exports to Panama amounted to USD 697,000 in 2020. It should be 
noted that Peru's export potential for dairy products (milk/concentrated cream) in Pana ma totals 
USD 1.5 million.9 
7.  In addition, Peru wishes to recall that, pursuant to Articles 2.2 and 5.1 of 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  must be based on a risk assessment. Unfortunately, 
Panama has still failed to indicate any health reasons for not renewing the authorizations or granting 
new authorizations to Peruvian enterprises.  
8.  In the light of the foregoing, and in order to prevent a continued violation of Articles 2.2, 5.1 and 
8, and of Annex C(1)(a), C(1)(b) and C(1)(c) of the WTO SPS Agreement, Peru asks Panama to 
renew the authorizations of Peruvian export plants, to provide new authorizations and to avoid 
further delays that have no technical justification and that in practice represent unnecessary barriers 
to trade.  
9.  Lastly, Peru reiterates the following queries that were raised during the Trade Policy Review of 
Panama held in February of this year. It would be appreciated if Panam a could provide written 
answers to these questions.  
 
2 Communications sent:  
1. Official Note No. 676 - 2019-SANIPES/DHCPA, 17 December 2019;  
2. Official Note No. 014 - 2020-SANIPES/DHCPA, 7 January 2020;  
3. Official Note No. 063 - 2020-SANIPES/DHCPA, 17 January 2020;  
4. Official Note No. 109 - 2020-SANIPES/DHCPA, 31 January 2020;  
5. Official Note No. 231 - 2020-SANIPES/DHCPA, 21 February 2020;  
6. Official Note No. 346 - 2020-SANIPES/DHCPA, 30 April 2020;  
7. Official Note No. 158 - 2020-SANIPES/PE, 15 May 2020;  
8. Official Note No. 763 - 2020-SANIPES/D HCPA, 8 October 2020;  
9. Official Note No. 1009 - 2020-SANIPES/DHCPA, 28 December 2020;  
10. Official Note No. 0073 - 2021-SANIPES/DHCPA, 29 January 2021;  
11. Official Note No. 0194 - 2021-SANIPES/DHCPA, 5 March 2021;  
12. Official Note No. 0207 - 2021-SANIPES/DHCPA, 10 Ma rch 2021;  
13. Official Note No. 0454 - 2021-SANIPES/DHCPA, 1 June 2021;  
14. Official Note No. 0587 - 2021-SANIPES/DHCPA, 4 August 2021;  
15. Official Note No. 059 - 2022-SANIPES/DHC, 3 February 2022.  
3 According to the ITC's Export Potential Map.  
4 The enterprises are:  
− SAN FERNANDO S.A., plant code CBSF2502 SENASA;  
− REDONDOS S.A., plant code EST. 01143 -SENASA;  
− RINTI S.A., plant code ESTABLECIMIENTO 0000013963.  
Communications sent:  
1. CARTA -0485-2020-MINAGRI -SENASA -DSA, 1 October 2020;  
2. CARTA -0659-2020-MIDAGRI -SENASA -DSA, 7 December 2020;  
3. Official Note No. 069 - 2021-MINCETUR/VMCE/DGPDCE/DRTCE, 14 June 2021.  
5 Official Note No. 065 - 2021 - MINCETUR/VMCE/DGPDCE/DRTCE, 8 June 2021.  
6 According to the ITC's Export Potential Map.  
7 GLORIA S.A., plant code SNP1.  
8 Communications sent:  
1. Official Note No. 001 – 2021-MINCETUR/VMCE/DGPDCE/DRTCE, 7 January 2021;  
2. Official Note No. 069 - 2021-MINCETUR/VMCE/DGPDCE/DRTCE, 14 June 2021.  
9 According to t he ITC's Export Potential Map.  G/SPS/GEN/2011  
 
- 3 - 
 
  a. Considering that Annex C(1)(a) of the SPS Agreement establishes that approval 
procedures should be undertaken and completed without undue delay and in no less 
favourable manner for imported products than for like domestic products:  
 
− What is the authorization process for Panamanian enterprises in your country?  
− What is the legislation in force?  
− What is the authorization period granted by Panama to its national enterprises?  
− What is the recommended time frame for Panamanian enterprises to apply for a 
renewal of their authorization?  
 
b. On the basis of what technical justification and legislation does Panama grant longer or 
shorter authorization periods to the enterprises of its trading partners?  
 
c. What is the techn ical justification for Panama's continued non -renewal of the 
authorizations of Peruvian enterprises?  
 
d. What is the technical justification for Panama not to grant new authorizations to Peruvian 
enterprises?  
__________