G/SPS/GEN/1905   
20 May 2021 
(21-4228) Page: 1/2 
Committee on Sanitary and  Phytosanitary Measures  Original: Spanish  
 
  
PANAMA'S RESTRIC TIONS REGARDING THE PROCEDURE  TO REGAIN ACCESS  
FOR PERUVIAN POTATOES AND ONIONS  
COMMUNICATION FROM  PERU 
The following communication , received on 25 March  2021, is being circulated at the request of the 
delegation of Peru. 
 
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1.  Peru would like to express before WTO Members its trade concern regarding  the suspension by 
Panama of imports of onion s and potato es for consumption  from Peru  and the undue delays in the 
phytosanitary efforts to restore  trade in these products . 
2.  With regard to the trade in Peruvian onions , Panam a suspended  the importation  of this product  
in 2016 following a pest risk analysis (PRA) aimed at updating the phytosan itary import 
requirements . In this respect, Peru noted that this update did not justify the suspension of the 
importation of this product, the trade in which has amounted to over 19,000 metric tonnes 
since 2003, without any reports of pest interceptions  by the Panamanian authority . However, 
in 2016, Per u submitted  comments on the PRA carried out by Panama which , to date, have not been 
addressed . 
3.  Moreover, turning to the  trade in potatoes for consumption, the importation of this product was 
suspended by Pana ma in 2009 following the interception at the destination of a pest within a 
consignment . In May 2010, following the exchanging of comments with its counterpart, Peru's 
phytosanitary authority  sent to  Panam a a proposed phytosanitary protocol for the exportation of 
potatoes . However, no official response has  been received  to date . 
4.  In these cases , Per u considers that  Panam a has breached Articles  2.2 and 5 of the 
WTO SPS Agreement , since Members must establish sanitary and phytosanitary measures only 
where applicabl e to, inter alia , protect plants and these measures must be based on a risk 
assessment . Likewise , Article 5.4 provides that Members should take into account the objective of 
minimizing negative trade effects, which has  not been taken into accou nt in either of the above -
mentioned cases . 
5.  Similarly, in accordance with Article 8 and Annex C, sanitary and phytosanitary procedures, 
inter alia, must be undertaken and completed without undue delay, with information  being provided  
to the interested party  and requirements limited to what is reasonable and necessary . Unfortunately, 
Peru has consistently provided technical information re lating to the PRA in order to secure the 
reopening  of the Panamanian market for potatoes and onions, without receiving any respons e from  
Panama's health  authority concerning the results of its risk analysis . In this connection , it should be 
highlighted that Panam a has continually requested the same informati on that was sent in good time  
by our health  authority, which has led to  the process being unnecessarily and un justifiably  prolonged . 
6.  In the light of the foregoing , Peru consider s that  Panam a has caused undue delays in the 
establishment of phytosanitary imp ort requirements that allow for the importation of Peruvian 
potato es and onion s to resume . G/SPS/GEN/19 05 
 
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  7.  The measures applied by Panam a have caused damage to exports of Peruvian potato es and 
onion s. 2009 was the  last year for which  export figures for potatoes to Panam a, both in terms of  
volume and value, were recorded . 2008 was the best year for the exportation of Peruvian potato es 
to Panama  due to the fact that  over 604 ton nes were sent, with a value of  USD 249,000. However, 
exports of Peruvian potatoes to Panam a decreased by around 69% in 2009 . 
8.  Furthermore , in 2017, Peruvian fresh onion exports to Panam a fell substantially  both in terms of 
value and volume . At the end of that year, it was recorded that exports of thi s product fell by a round  
98.04% in relation to 2016 and, as a result, the annual average growth for the period 2012-2017 
decreased  by 53.17% , despite the fact that the export potential of this sector is USD 2.3 million .1 
9.  In the light of the foregoing , and in order to prevent a violation of Articles  2, 5, 8 and Annex C 
of the SPS Agreement , Peru asks  Panam a to reopen the market to Peruvian potato and 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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1 According to  the ITC's Export Potential Map for tariff heading  070310.