G/SPS/GEN/2088   
16 November 2022  
(22-8535) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: Spanish  
 
  
PANAMA'S RESTRICTIONS REGARDING THE PROCEDURE TO REGAIN  
MARKET ACCESS  FOR PERUVIAN POTATOES AND ONIONS  
(STC NO. 512) 
COMMUNICATION FROM PERU  
The following communication, received on 14 November 2022, is being circulated at the request of 
the delegation of Peru. 
 
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1.  Peru would like to raise before WTO Members its trade concern regarding the suspension by 
Panama of imports of onions and potatoes for consumption from Peru and the related undue delays 
in the phytosanitary efforts to restore trade in these prod ucts. 
2.  Pursuant to Articles 2.2 and 5 of the WTO SPS Agreement, Members shall establish sanitary and 
phytosanitary measures only where they are applied, inter alia , to protect plants, and that such 
measures must be based on a risk assessment. Moreover, Arti cle 5.4 of the Agreement specifies 
that Members should take into account the objective of minimizing negative trade effects.  
3.  Regarding trade in Peruvian onions, Panama suspended imports of this product in 2016 despite 
not having detected any quarantine pes t in the shipments that would justify the suspension of 
imports as an emergency measure (section 5.1.6.4, ISPM No. 20, Guidelines for a phytosanitary 
import regulatory system).  
4.  It should be noted that this suspension was based solely on an updated pest ris k analysis (PRA), 
without there being any technical reason - as required under Article  5 of the SPS Agreement - to 
interrupt trade between the two parties. This step is also contrary to the principle of "technical 
justification" under the International Pla nt Protection Convention, which states that the parties 
should technically justify phytosanitary measures on the basis of conclusions reached by using an 
appropriate pest risk analysis or, where applicable, another comparable examination and evaluation 
of available scientific information.  
5.  Turning to trade in potatoes for consumption, the importation of this product has been suspended 
by Panama since 2009 following the interception of a pest in a consignment at destination. Moreover, 
in May 2010, following a n exchange of comments with its counterpart, Peru's phytosanitary authority 
sent Panama a proposed phytosanitary protocol for the exportation of potatoes, to which no response 
has been received to date. In this context, there is no technical justification for not reopening the 
Panamanian market.  
6.  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 requirem ents limited to what is reasonable and necessary.  
7.  In view of this situation, Peru has continued to provide a steady stream of technical information 
relating to the PRA in order to secure the reopening of the Panamanian market for potatoes and 
onions; however, Panama's health authority has failed to provide a response regarding the results 
of its risk analysis and has repeatedly asked for the same information that had already been sent in 
good time by the Peruvian health authority, causing the p rocess to be unnecessarily and unjustifiably 
prolonged.  G/SPS/GEN/2088  
 
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  8.  In light of the foregoing, and in order to prevent a violation of Articles 2, 5 and 8 of, and Annex  C 
to, the SPS Agreement, Peru requests Panama 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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