G/SPS/GEN/1974   
9 November 2021  
(21-8495 ) 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 November 2021, 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 establish that t he 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 enterprise s' 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 communicated the an ticipated 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 violation  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 period for t he renewal of their licences and others a 
shorter period.  
4.  At present, 24 Peruvian exporters of hydrobiological products are affected (their authorization is 
no longer valid). Two expired on 30 June 2021 and the other 22 expired on 31 October 2021, without 
technical justification. Furthermore, Panama has failed to attend to another 49  enterprises whose 
inclusion on the Panamanian health authority's official list has been requested, despite the fact that 
Peru has provided all the required health information s ince 2019.1 On this point, it is worth noting 
that Peru has a USD 1.4 million export potential for hydrobiological products.2 
 
1 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 Ja nuary 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/DHCPA, 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 March 2021;  
13. Official Not e No. 0454 - 2021-SANIPES/DHCPA, 1 June 2021.  
2 According to the ITC's Export Potential Map.  G/SPS/GEN/1974  
 
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  5.  Likewise, three Peruvian livestock enterprises3 are awaiting the renewal of their authorization 
and one enterprise4 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 WT O SPS Agreement. 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.5 
6.  Likewise, t he renewal is still pending for one Peruvian enterprise6 exporting processed dairy 
products, for which the relevant communications and repeated requests have been issued.7 The 
enterprise's dairy exports to Panama amounted to USD 697,000 in 2020. It shoul d be noted that 
Peru's export potential for dairy products (milk/concentrated cream) in Panama totals 
USD 1.5 million.8 
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 b e 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 any health reasons for not renewing 
the authorizations or gran ting 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, 8 
and Annex  C(1)(a), C(1)(b) and C(1)(c) of the WTO SPS Agreement, Peru asks Panama to renew 
the authorizati ons 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.  
 
__________  
 
3 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.  
4 Official Note No. 065 - 2021-MINCETUR/VMCE/DGPDCE/DRTCE, 8 June 2021.  
5 According to the ITC's Export Potential Map.  
6 GLORIA S.A., plant code SNP1.  
7 Communications sent:  
1. Official Note No. 001 - 2021-MINCETUR/VMCE/DGPDCE/DRTCE, 7 January 2021:  
2. Official Note No. 069 - 2021-MINCETUR/VMC E/DGPDCE/DRTCE, 14 June 2021.  
8 According to the ITC's Export Potential Map.