G/SPS/GEN/1852  
3 November  2020 
(20-7756) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original:  Spanish  
 
  
RESTRICTIONS ON THE IMPORTATION OF PRODUCTS OF ANIMAL ORIGIN  
INTO PANAMA – CONCERN OF COLOMBIA  
COMMUNICATION FROM  COLOMBIA  
The following communication , received on 2 November  2020, is being circulated at the request of 
the delegation of Colombia . 
 
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1.  We wish to take this opportunity , with the aim of facilitating foreign trade between Colombia and 
Panama,  to draw the attention of Panam a and WTO Members to an issue of th e utmost importance 
for Colombian agribusines s that particularly affects the export ation of Colombian products of animal 
origin intended for human consumption (dairy products, processed meat products and foods ready 
for human consumption ). We would be grateful if you would take our comments  on this issue into 
consider ation. 
2.  For four years , Colombia ha s been making representations to the  Panamanian Food Safety 
Authority ( AUPSA ) in order to make headway in the process to ensure compliance with sanitary 
requirements . We have done so by requesting an inspection visit to be carried out to authorize and 
renew the authorization of Colombian establishments interested in exporting dairy products, 
processed meat products and foods ready for human consum ption. However, despite the efforts 
made by the Colombian health authorit y (INVIMA) , we have not received a timely and objective 
response regarding the  carrying out of an  inspection visit by the Panamanian authority . 
3.  We are concerned by the lack of respons e from Panama, which constitutes a trade -restrictive 
measure , since , to date, no technical justification s or health or safety concern s supporting  this 
position  and restrict ing foreign trade between the two countries  have been communicated . This 
creates obs tacles to agr ibusiness  development, to the detriment of  thousand s of families whose 
livelihoods depend on these productive activities  and consumers who are unable to access new 
imported products . 
4.  In Colombia, like in other countries , the processes to ensure compliance with sanitary 
requirements, based on the WTO Agreement on the Application of Sanitary and Phytosanitary 
Measures and  its risk analysis approach (assessment, management and communication ), have 
become an ideal and objecti ve mechanism for facilitating trade . Sanitary measures governing  the 
importation of products are established to protect animal health, pr otect against  diseases that may 
endanger a country and ensure safety in order  to guarantee consumer health . Fresh or pr ocessed 
products  may only be imported into a country if it can be ascertained that the appropriate level of 
protection has been met . This level of protection is defined autonomously  by the importing Member  
and is based on scientific evidence so as to prote ct human and animal life or health , in accordance 
with Article 5 of the SPS Agreement  (Assessment of risk and determination of the appropriate level 
of sanitary or phytosanitary protection ). However, the SPS Agreement indicates that sanitary 
measures shall  not be used to prevent or restrict trade . 
5.  Against this backdrop, and in compliance  with the Panamanian sanitary measures  governing  the 
importation of products,  a significant number of Colombian establishments were, for several years,  
authorized by the AUP SA to export their products to Panama . However , the authorization of the final  
group of plants  expire d in April 2019 and since then no Colombian establishments have been able 
to export their products to this neighbouring country . G/SPS/GEN/1852  
- 2 - 
  6.  In the case of dairy and m eat products, the process of ensuring compliance with sanitary 
requirements focuses on authorizing manufacturing plants once the country eligibility process has 
been completed (Colombia has completed this process ). Receiving an  inspection visit  from the 
AUPSA for the  grant ing of  authorization is therefore a key requirement for any establishment wishing 
to export its products to Panam a. 
7.  Colombia has been requesting this inspection visit since 2017, with the aim of renewing the 
authorization of dairy and meat establishments , the authorization of which gradually expired, while 
also securing authorization for new interested establishments . However, we have not yet received a 
favourable response . 
8.  We wish to recall that when a Member adopts a sanitary or phytosanitary measure that 
incorporates a higher level of protection, the Member must ensure that its measure is co nsistent 
with the other rel evant provisions of the SPS Agreement, including, for instance , the requirement of 
having a  risk assessment in accordance  with Articles 5.1 and 5.2 of the SPS Agreement.  
9.  Our inability to export products to this neighbouring country due to the failure to ca rry out  the 
inspection visit for the authorization and renewal of the authorization of interested Colombian 
establishments raises questions on whether this failure is consistent with the obligation under  
Article  8.3 of the SPS Agreement to avoid arbitrary or unjustifiable measures or the application of  
sanitary and phytosanitary measures in a manner which would constitute a disguised restriction on 
international trade . 
10.  Moreover, the situation raises questions with regard to the requiremen ts established  in 
Article  5.5 of the SPS Agreement, which lays down the obligation to avoid arbitrary or unjustifiable 
distinctions in the levels the Member considers to be appropriate in different situation s, if such 
distinctions result in discrimination or a disguised restriction on international trade . 
11.  Turning to the procedures to check  and ensure the fulfilment  of sanitary or phytosanitary 
measures , Panama's lack of action and the unjustified delays could be inconsistent with Article 8 and 
Annex C to th e SPS Agreement, which stipulates that procedures must be undertaken without undue 
delay and in no less favourable manner for imported products than for like domestic products . 
12.  By way of conclusion, we wish to once again ask the Panamanian authorities to o rganize an 
in-person or online visit by the AUPSA so that dairy products, processed meat products and foods 
ready for human consumption  may again be exported to Panama . 
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