G/SPS/GEN/2050   
8 July 2022  
(22-5284) 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 NO. 509) 
COMMUNICATION FROM PERU  
The following communication, received on 8 July 2022, 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 Panama's undue 
delays in renewing authorizations for plants of Peruvian fishery and livestock enterprises.  
2.  Article 8 of, and Annex C(1)(a) and C(1)(c) to, the SPS Agreement est ablish 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 Peruv ian enterprises' authorizations have not been renewed, with 
no technical justification, and despite the repeated requests sent by Peru both bilaterally and 
multilaterally.  
3.  Peru wishes to highlight that, despite the bilateral meetings and efforts undertaken , Panama has 
not communicated the anticipated processing period for renewing authorizations; there is also 
uncertainty as to the length 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 anticipated 
processing period for an approval procedure. In this regard, Peru is uncertain as to why some 
companies are granted a longer  period for the renewal of their licences and others a shorter period.  
4.  A total of 31 Peruvian exporters of hydrobiological and livestock products are currently affected 
(their authorization is no longer valid), without technical justification. Of these 31 companies, 
29 export hydrobiological products. There is currently only one Peruvian plant with a valid 
authorization, which expires on 29 December 2023 (VITAPRO S.A.). On this point, it is worth noting 
that Peru has a USD 1.4 million export potential for h ydrobiological products.  
5.  Meanwhile, there are currently two1 Peruvian livestock enterprises waiting for their authorization 
to be renewed. In this connection, Peru has issued communications since October 2020, which have 
not been addressed in accordance with Annex C to the WTO SPS Agreement.  
6.  It should be noted that , despite the requests made in the bilateral meetings and the fact that, in 
one of these meetings, Panama stated that it had the necessary information to renew the 
authorization of these 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 
 
1 The enterprises are:  
− SAN FERNANDO S.A., plant code CBSF2502 SENASA;  
− REDONDOS S.A., plant code EST. 01143 -SENASA.  
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;  
4. Official Note No. 065 - 2021-MINCETUR/VMCE/DGPDCE/DRTCE, 8 June 2021.  G/SPS/GEN/2050  
 
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  initiate the "zoosanitary eligibility process", which had not been notified beforehand either bilaterally 
or in this forum. Peru responded2 on 20 April 2022, reque sting information on the process and the 
steps to be taken; however, to date, no response has been received.  
7.  These enterprises' exports to Panama reached USD 323,000 in 2020. Furthermore, 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.3 
8.  Likewise, the renewal is still pending for one4 Peruvian enterprise exporting processed dairy 
products, for which the relevant communications and repeated requests have been issued.5 
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 Panama totals 
USD 1.5 million.6 
9.  In addition, Peru wishes to recall that, pu rsuant 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 these measures must be based on a risk 
assessment. Unfortunately, Panam a has still failed to indicate any health reasons for not renewing 
the authorizations or granting new authorizations to Peruvian enterprises.  
10.  In the light of the foregoing, and in order to prevent a continued violation of Articles  2.2, 5.1 
and 8 of, and A nnex 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 trad e. 
__________  
 
2 CARTA -0152-2022-MIDAGRI -SENASA -DSA. 
3 According to the ITC's Export Potential Map.  
4 GLORIA S.A., plant code SNP1.  
5 Communications sent:  
1. Official Note No. 001 - 2021-MINCETUR/VMCE/DGPDCE/DRTCE, 7 January 2021;  
2. Official Note No. 069 - 2021-MINCETUR/VMCE/D GPDCE/DRTCE, 14 June 2021.  
6 According to the ITC's Export Potential Map.