G/SPS/GEN/2012  
6 April 2022 
(22-2760) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original:  Spanish  
 
  
IMPORT RESTRICTIONS IMPOSED BY ECUADOR  
ON GRAPES AND ONIONS  (STC NO. 498) 
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 once again like to present to WTO Members its trade concern with respect to the 
restrictive measures applied by Ecuador on the reopening of access for grapes and onions from Peru.  
2.  In the case of grapes, and in addition to the information submitted to this Committee in previous 
concerns1, Peru points out that, in accordance with Article 8 and Annex C of the SPS  Agreement, 
sanitary and phytosanitary procedures must be undertaken and completed without undue delay, 
with information being prov ided to the interested party and with requirements that are limited to 
what is reasonable and necessary . Meetings have been held and communications have repeatedly 
been sent with the corrective measures requested by Ecuador from August  2014 to date . The 
responses received seem to delay opening longer than is necessary, for example:  
a. Ecuador submitted an unscheduled request for an inspection visit for grapes, which was 
conducted in February  2020, and the inspection report was sent to Peru after 
seven  months;  
b. Ecuador unilaterally changed the action plan proposed by Peru to access the market for 
grapes;  
c. It was proposed, without any technical justification and disregarding the fact that, 
historically, trade is conducted by land, that grapes should enter by ship only via 
Guayaquil  seaport;  
d. The use of refrigerated transport for grape shipments was proposed, despite this not being 
justified by the risk of the presence of pesticides or any quarantine pest for Ecuador linked 
to fruit originating in and c oming from Peru.  
3.  Regarding refrigerated transport, the Agency for Phytosanitary and Animal Health Regulation and 
Control (AGROCALIDAD)2 notes that, according to publicly available scientific data, refrigerating 
fruits and vegetables is the best way of kee ping such foods fresh and increasing their commercial 
life. In that regard, it adds that investing in refrigeration:  
a. delays the maturation and ageing of tissue cells;  
b. avoids microorganism attacks;  
c. minimizes overall quantitative and qualitative product loss es. 
 
1 Concerns previously presented in documents G/SPS/GEN/1937 , G/SPS/GEN/1975  and 
G/SPS/GEN/1907 , and to the WTO SPS Committee on 5, 6 and 13 November 2020.  
2 Official Circular AGR -AGROCALIDAD/DE -2021-001556 -OF. G/SPS/GEN/2012  
- 2 - 
  4.  In view of the above , it should be noted that AGROCALIDAD only provided information to prevent 
the presence of microorganisms and ensure the optimal conservation of fruit and vegetables ; 
however, no mention is made of the treatment of (cold) sanitary t ransportation and the presence of 
pesticide residues in grapes originating in Peru, and whether this requirement meets the ultimate 
aim of reducing the risk of contamination.  
5.  Moreover, AGROCALIDAD work s on the basis of a study entitled "Technical aspects of the proper 
transport of table grapes in containers" . This study concerns the transportation of grapes, from 
production to their arrival in the foreign target market, w ith the product needing to  remain 
refrigerated for a long time during transportation un til it reaches its final destination 
(the United  States and the European Union, among others).  
6.  Ecuador, meanwhile, refers  to the "Feasibility study to determine the viability of investing in a 
grape -packing plant in the agricultural association Compositan Alto, La Libertad" ; this states that 
grapes must undergo cold treatment in order to kill, inactivate or remove pests related to the 
fruit fly, which is not relevant in this case.  
7.  In addition, it should be noted that AGROCALIDAD does not require compliance with conditions 
on fruit quality or refrigerated transport for the entry and exit of grapes from other countries.  
8.  Regarding onions, the Andean Community, in its Resolution No. 2253, indicated that 
Ecuador's  measures arising from implementation of the National Plan for the Monitoring and Control 
of Contaminants in Primary Production are considered to restrict trade within the subregion , and 
requests that Ecuador repeal the measures identified as restrictive .3 However , Ecuador is p roposing 
measures that would make the access process for Peruvian onions  lengthier  by developing a new 
pest risk analysis .4 It should be noted that the suspension of trade is not envisaged as a means of 
updating pest risk analyses under the International Standards for Phytosanitary Measures of the 
International Plant Protection Convention (IPPC).  
9.  Peru regrets that, despite having fulfilled all the requirements imposed by Ecuador, the 
restrictions on access to the Ecuadorian market for Peruvian grapes and o nions remain in force, with 
no technical justification provided, thus violating Articles 2.2 and 5.1 of the SPS Agreement.5 
10.  Considering that the measures applied by Ecuador are discriminatory and violate 
Articles  2, 3, 5, 7 and 8 and Annexes B and C of th e SPS Agreement, we request that Ecuador:  
a. avoid proposing measures that violate the provisions of the SPS Agreement and the basic 
principles of the WTO;  
b. ensure that it does not disregard the technical agreements previously established;  
c. notify its measure a nd give the other WTO Members the opportunity to submit comments ; 
and 
d. provide access for imports of Peruvian grapes and onions.  
__________  
 
3 Resolution available at: 
https://www.comunidadandina.org/DocOficialesFiles/Gacetas/ Gaceta%204415.pdf . 
4 Under Official Circular AGR -AGROCALIDAD/DE -2022-000412 -OF, AGROCALIDAD is allegedly lifting 
import restrictions on Peruvian onions, but Official Circular AGR -AGROCALIDAD/DE -2022-000425 -OF indicates 
the intention to launch a pest risk a nalysis to provide access to Peruvian onions.  
5 Communications sent to AGROCALIDAD to maintain the restrictions on onions:  
CARTA -0047-2022-MIDAGRI -SENASA -DIAIA;  
CARTA -0046-2022-MIDAGRI -SENASA -DIAIA.