WT/REG332/2  
 
24 May 2022 
(22-3123) Page: 1/12 
Committee on Regional Trade Agreements  Original: English /Spanish  
 
 
ASSOCIATION AGREEMENT BETWEEN THE EUROPEAN UNION AND CENTRAL AMERICA  
(COSTA RICA, EL SALVADOR, GUATEMALA, HONDURAS, NICARAGUA AND PANAMA)  
(GOODS AND SERVICES)  
QUESTIONS AND REPLIES  
 The following communication, dated 9 May 2022, is being circulated at the request of the 
delegations of  the European Union, and Central America ( Costa Rica, El Salvador, Guatemala, 
Honduras, Nicaragua and Panama) . 
 
_______________  
 
 
Questions from Argentin a 
 
1.1.  Point 3.43 of the factual presentation (WT/REG331/1) – Article  147 of the 
Agreement  
 Context : Article  147(d) establishes that "… the importing Party shall take the 
necessary legislative or administrative measures, in accordance with its applicable legal 
procedures, to allow imports on that basis within 40 working days from the receipt of the 
request of the exporting Party, accompanied by appropriate sanitary guarantees".  
 
 Has it been necessary to implement legislative or administrative measures under 
Article  147? If so, what have they been?  
 
Response from the E uropean Union  
 
 In relation to SPS conditions, the EU applies the same procedures for all non -EU countries for 
approving imports, regardless whether the EU has an Agreement or not. Such procedure is in 
accordance with Article  127 of Regulation (EU) 2017/625 .1 The Lists of food -producing 
establishments for non -EU countries are proposed by approved (listed) non -EU countries and 
maintained by the European Commission in accordance with the requirements of Article  127 of 
Regulation (EU) 2017/625 and Article  5 of Co mmission Delegated Regulation (EU) 2019/625 .2 Lists 
of establishments for animal by -products are maintained pursuant to Article  30 of Regulation (EU) 
 
1 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official 
controls and other official activities performed to ensure the application of food and feed law, rules on animal 
health and welfare, plant health and plant  protection products, amending Regulations (EC) No . 999/2001, 
(EC) No. 396/2005, (EC) No . 1069/2009, (EC) No . 1107/2009, (EU) No . 1151/2012, (EU) No . 652/2014, 
(EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulati ons (EC) 
No. 1/2005 and (EC) No . 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC 
and 2008/120/EC, and repealing Regulations (EC) No . 854/2004 and (EC) No . 882/2004 of the European 
Parliament and of the Council, Council Direct ives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 
96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)Text with 
EEA relevance. OJ L 95, 7.4.2017, p. 1 –142. 
2 Commission Delegated Regulation (EU) 2019/625 of 4 Ma rch 2019 supplementing Regulation (EU) 
2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the 
Union of consignments of certain animals and goods intended for human consumption (Text with EEA 
relevance.). C /2019/11. OJ L 131, 17.5.2019, p. 18.  WT/REG332/2  
 
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  No. 142/2011. With regard to germinal products, and captive birds establishments, these are listed 
pursua nt to Regulation (EU) 2016/429 .3 
 
Response from Costa Rica  
 
 Costa Rica has not considered necessary to implement new legislative or administrative 
measures to implement Article  147(d). The general regulations governing imports of sanitary 
products suffic e, and the provisions of Article  147(d) are applied directly by the competent 
authorities.   
 
Response from El Salvador  
 
 El Salvador, in accordance with its commitment under Article 147 of the Agreement, 
recogni zes the establishments on the list approved  by EU countries . A link to the establishments 
approved by EU countries  is published on the  official website of the  Ministry of Agriculture and 
Livestock : https://www.mag.gob.sv/servicios/cuarentena -animal -y-registro -veterinario/  
 
Response from Guatemala  
 
 The provisions of Article  147 of the Association Agreement between Central America and the 
European Union (EU -CA AA), constitute a commitment to be applied in Guatemala; therefore, 
although to date there are no national regulations governing the provisions of said Article , its 
application is mandatory.  
 
Response from Honduras  
 
 Honduras has not deemed  it necessary to establish new regulations for the implemen tation of 
Article 147(d). Its implementation is therefore delegated to the  competent authorities . 
 
Response from Nicaragua  
 
 Nicaragua has not implemented new legislation regarding Article  147. 
 
Response from Panama  
 
 Article 2 of  Law No. 206 of 2021 establishing the Panamanian Food Agency (APA) and 
repealing Decree -Law No. 11 of 2006, which had established the Panamanian Food Authority 
(AUPSA), states that the Ministry of Agricultural Development will be responsible for establishi ng 
actions concerning the protection of the national agricultural heritage. According to this Law, the 
supervisory  actions that the political Constitution, national laws and international treaties attribute 
to the Ministry of Agricultural Development with regard to animal health  shall prevail ; therefore, the 
National  Animal Health  Directorate must follow the procedure for approving regions, count ries, areas  
and/or processing plants or other facilities related to  the livestock production  therein , considering 
their eligib ility from an animal health perspective , in order for the goods produced by them to be 
exported to Panama. ( Legal basis: Law No. 23 of 1997, Decree No . 49 of 2001 and Resuelto No. 093 
of 2005).  
 
 In addition, the Ministry of Health (MINSA), in accordance with Law No. 66 of 
10 November  1947 (provisions of the Health Code shall prevail over any other legal provisions on 
public health); Law No. 206 of 30 March 2021; Executive Decree No. 125 of 29 September 2021 
regulating Law No. 206 of 30 March 2021; and Executive Decree No. 770 of 14 May  2021 establishing 
the National Directorate for Food Control and Veterinary Surveillance (DNCAVV) as an unit of the 
Ministry of Health.  
 
1.2.  Point 3.43 of the factual presentation (WT/REG331/1) – Annex VII to the Agreement  
 Context : Annex VII establishes that "The competent authority of the importing Party 
shall prepare the lists of approved establishments and make them public."  
 
3 Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on 
transmissible animal diseases and amending and repealing certain acts in the area of animal health ( 'Animal 
Health Law ') (Text  with EEA relevance). OJ L 84, 31.3.2016, p. 1.  WT/REG332/2  
 
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   What is the administrative procedure through which the lists of approved 
establishments are made public?  
 
Response from the European Union  
 
 The list and details of the establishments are held in the TRACES platform of the European 
Commission, which is managed and maintained by DG SANTE (TRACES -NT). The list is available to 
the public through a link in the European Commission w ebsite .4 The accuracy of the information 
contained in the lists is the responsibility of the non -EU country competent authority.  
 
Response from Costa Rica  
 
 The list of approved establishments is published and updated in the official SENASA WEB page 
(competent authority on animal health) in the following link: 
https://www.senasa.go.cr/informacion/centro -de-informacion/informacion/sgc/dca/dca -pg-02-
requisitos -sanitarios -para-importacion  
 
Response from El Salvador  
 
 El Salvador publishes the list of approved establishment s for each EU country  on the website 
of the Ministry of Agriculture and Livestock (MAG) , which is authorized by DG SANTE . 
https://www.mag.gob.sv/servicios/cuarentena -animal -y-registro -veterinario/ .  
 
Response from Guatemala  
 
The pre -lists are published and updated on the website of the Ministry of Agriculture, Livestock 
and Food (MAGA), and can be consulted by interested parties on the website: 
https://visar.maga.gob.gt/? pageid=10977  
 
Response from Honduras  
 
 Honduras authorizes and publishes the list of approved establishments  through  the National 
Agricultural Health Service  (SENASA):  http://www.senasa.gob.hn/  
 
Response from Nicaragua  
 
 The list of the establishments is held in the IPSA website: 
https://www.ipsa.gob.ni/Portals/0/1%20Inocuidad%20Alimentaria/Listado%20de%20Establecimie
ntos%20Espa%C3%B1oles%20Autorizados%20Nicaragua.pdf   
 
Response from Panama  
 
 The Panamanian Food Agency will publish the approved establishments and eligible countries 
on its digital platform, which is currently being updated.  
 
Questions from Brazil  
 
1.3.  Paragraph 2.1 mentions the entry into force of the Trade Pillar of the Association 
Agreement in August 2013 for the EU, Honduras, Nicar agua, and Panama; in October 2013 
for Costa Rica and El Salvador; and in December 2013 for Guatemala. A reference to the 
status of ratification of the other pillars as of April 2022 might be useful to the readers.  
 In order for the Political Dialogue and C ooperation chapters of the Association Agreement to 
be fully in force, Belgium must ratify the text of the agreement in parliament, which has not yet 
happened to date.  
 
 
 
4 https://ec.europa.eu/food/safety/biological -safety/food -hygiene/non -eu-countries -authorised -
establishments_en . WT/REG332/2  
 
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  1.4.  Paragraph 3.22 mentions the TRQs for agricultural products granted by the EU under 
the Agreement.  
a. Has Central America identified any aspect of trade that could help explain the 
underutilization of the TRQs?  
 Market variables such as supply and demand, among which we can mention: the high costs 
related to transportation between the Parties (transit of goods), quantity requirements (inventories), 
compliance with sanitary and phytosanitary regulations,  prioritiza tion of intra -regional trade, may 
explain the utilization rates of the TRQs. Annually, in the Market Access Subcommittee, the Parties 
analyse the issues related to tariff rate quotas.  
 
b. Have the Parties considered or discussed any mechanism that could impr ove TRQ 
utilization?  
 Improvements of TRQ mechanism are regularly discussed in the Market Access Subcommittee 
and the Association Committee. S ee minutes at: https://circabc.europa.eu/ui/group/09242a36 -
a438-40fd-a7af-fe32e36cbd0e/library/29e9ae35 -761e-4109-a546-
a12b80a9344b?p=1&n=10&sort=modified_DESC . 
 
1.5.  Regarding paragraph 3.34, could the Parties please inform on some of the 
discussions carried out by the subcommittee provided for in Article  123 and Annex XXI 
with regard to issues related to rules of origin?  
 Regarding to rules of origin, some of the discussions carried out by the subcommitt ee are 
related with the EUR.1 certificates, update of the specific rule of origin of the current amendment of 
the Harmonized System (HS), cumulation of origin, transit, trade facilitation, among others. The 
minutes of the Customs and rules of origin subcom mittee are published by the European Commission 
at: https://circabc.europa.eu/ui/group/09242a36 -a438-40fd-a7af-fe32e36cbd0e/library/d63fda32 -
c9ee-4793-bcf6-8745905a4e80?p=1&n=10&sort=modified_DESC  
Bilateral safeguards  
 
1.6.  Could the Parties please explain how, in a bilateral safeguard investigation, will it be 
proven that the surge was the result of the  tariff liberalization? Is there any specific 
methodology to determine that?  
 There is no specific methodology, but the analysis may include elements such as a coincidence 
in time between the liberalization and the surge of imports under preferential condi tions, the overall 
development of import trends and in particular, the volume and conditions of other, non -preferential 
imports.  
 
1.7.  Could the Parties please elaborate further on the concept of "serious deterioration 
in the economic situation"? What is the t erm's definition? How will it be assessed?  
 There is no definition in the Agreement for "serious deterioration in the economic situation" in 
the Agreement. However, Article  113 states that regarding evidence of injury, the evaluation  the 
determination of d eterioration shall be based on relevant factors of an objective and quantifiable 
nature having a bearing on the situation of the domestic industry, in particular the rate and amount 
of the increase in imports of the good concerned in absolute terms or rela tive to domestic production, 
the share of the domestic market taken by increased imports, and changes in the level of sales, 
production, productivity, capacity utilisation, profits and losses, and employment.  
 
1.8.  Could the Parties please explain the provision "safeguards cannot be applied on the 
in-quota tariff rate"?  
 It seems that this question refers to Article  104(4), which specifies that no safeguard 
measures shall be applied within the limits of the preferential duty -free tariff quotas granted b y this 
Agreement. This means that safeguard measures can only be applied on imports in excess of the 
tariff quotas, if they cause or threaten to cause injury.  
 WT/REG332/2  
 
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  Subsidies  
 
1.9.  Could the Parties please share their experiences with the transparency provision of 
exchanging biennial reports on each Party 's subsidies?  
 The reporting is usually done in the context of the annual Trade Committee, which follows the 
implementation of the Agreement. The parties take the opportunity to make reference to the publicly 
availab le information on subsidies & state aid and a summary of progress over the last two years. 
Parties have not necessary strictly adhered to a two -year reporting. Public minutes of the Committee 
(and technical sub -committees) are published by the European Com mission: EU and Central America 
Committees and Dialogues - Trade - European Commission (europa.eu) . See minutes at: 
https://circabc.europa.eu/ui/group/09242a36 -a438-40fd-a7af-fe32e36cbd0e/library/b1812119 -
8b2b-4139-a52f-d6b69b2ed4b5?p=1 . 
 
Anti-dumping and compensatory measures  
 
1.10.   Could the Parties please indicate if there are guidelines and/or specific 
methodologies to measure the public interest in the application of measures?  
Response from the European Union  
 
 Please see the reply to the additional written question from Mexico (question  1.17). 
 
Response from Costa Rica  
 
 There is no established methodology in Costa Rica for measuring the public interest. However, 
the analysis must be carried out on a case -by-case basis, based on verifiable information provided 
by the interested parties.  
 
Response from El Salvador  
 
 In El Salvador, pursuant to national legislation and as part of the procedure of an investigation, 
the public interest is analysed, with a view to ensuring that the anti -dumping or countervailing 
measur e does not run counter to the general public interest. The public interest will be examined on 
the basis of the relevant information provided by the interested parties or gathered by the 
investigating authority during the investigation. The interests of th e relevant domestic industry, the 
state of domestic competition for the product under investigation, and the needs of the final 
consumers are also taken into consideration.  
 
Response from Guatemala  
 
 There is no specific methodology to identify whether an antidumping duty or countervailing 
measure could be in the public interest; however, in the specific case of Guatemala, the initiation of 
an investigation on unfair practices is published in the Diario de Centro América for the knowledge 
of the general pub lic. During the investigation process, third parties may send their comments, which 
at the discretion of the Investigating Authority, could be considered.  
 
Response from Honduras  
 
 Honduras does not have a methodology for measuring the public interest in the application of 
measures. It should be noted that should there be an interested party and the administrator of the 
trade agreement referred to,  an analysis will be carried out.  
 
Response from Nicaragua  
 
 There is no established methodology in Nicaragua for measuring the public interest. In 
practice, information is collected from the parties involved, taking into consideration the interest of 
the domestic industry and consumers' nee ds. 
 WT/REG332/2  
 
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  Response from Panama  
 
 In the case of Panama, the analysis must be carried out on a case -by-case basis, based on 
verifiable information provided by  the interested parties, taking into account the effect that the 
imposition of the measure has had or is likely to have.  
 
Questions from Canada  
 
1.11.   Paragraph 4.34 of the factual presentation states: "On tourism and travel related 
services modes 1 -3 have been further liberalized in additional EU Member States 
compared to the GATS. Mode 2 is, in particular, fully liberalized in all sub -sectors; that is 
also the case for mode 3 on tourist guide services."  
 Could the European Union provide additional information o n how tourism and travel 
related services mode 1 has been further liberalized in additional EU Member States 
compared to the GATS?  
 
 Tourism and travel related services mode 1 has been further liberalized in additional 
EU Member States compared to the GATS  in the following manner:  
 
i) Hotels, restaurants and catering: 9 more EU member states have taken full mode 1 
commitments for catering.  
ii) Travel agencies and tour operators services: 7 more EU member states have taken full 
mode 1 commitments.  
 
 Tourist guide s services: 2 more EU member states have taken full mode 1 commitments.  
 
1.12.   Paragraph 5.47 of the factual presentation states: "Best endeavour provisions in 
Article  288 encourage the development by the Parties of trade schemes and practices 
favouring sustaina ble development and invite them to work together towards that aim."  
 Were sustainable supply chain implications considered in relation to this Article  and, 
if so, how are they captured under Title VIII: Trade and Sustainable Development?  
 
 Yes, the develo pment of sustainable value chains has been considered not only in Article  288, 
but also in Article s 289 and 290. Article  288, para c) refers to the promotion of value chains that 
respond to sustainability considerations, including for products that are the subject of fair and ethical 
trade schemes. It also promotes eco -labelling and corporate social responsibility actions. In para d) 
of the same Article , reference is made to value chains promoting the conservation or sustainable 
use of the environment such as eco -tourism.  
 
 In Article  289, reference is made to the Convention on International Trade in Endangered 
Species of W ild Fauna and Flora (CITES) as well as Forest Law Enforcement and Trade (FLEGT) 
Voluntary Partnership Agreements (VPA), which concern sustainability in the forestry value chain.  
 
 In Article  290, a series of provisions promotes sustainable fishery value ch ains, notably 
paragraph  2b) which aims at preventing Illegal, Unreported and Unregulated fishing by adopting 
effective tools to implement control and inspection schemes.  
 
 The implementation of these commitments is monitored by the Board on Trade and 
Sustainable Agreement established under the trade part of the EU -Central America Association 
Agreement.  
 
Regional Trade Agreement between the EU and Central America  
 
1.13.   Article  287 (Multilateral Environmental Standards and Agreements) affirms Parties' 
commitm ent to effectively implement the listed MEAs.  
 Given that all Parties are signatories of the Paris Agreement, how will practical 
cooperation on climate change be advanced through the MEA provision?  
 WT/REG332/2  
 
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   Although the text of the agreement was adopted before the conclusion of the Paris 
Agreement, it does not prevent the Parties from discussing climate change matters under the TSD 
Title, as all Parties are signatories of the Paris Agreement. In fact, climate change issues are regularly 
discussed in the EU -Centr al America TSD Board. See minutes at: 
https://circabc.europa.eu/ui/group/09242a36 -a438-40fd-a7af-fe32e36cbd0e/library/53407466 -
0f86-430e-a5ed-bc7005d86a46?p=1&n=10&sort=modified_DESC . 
 
Questions from Mexico  
 
Questions on sanitary and phytosanitary measures  
 
1.14.   Paragraph 3.41: "Chapter 5 of Title II covers SPS and reaffirms the Parties' rights 
and obligations under the WTO SPS Agreement ( Article  141). It also deals with 
cooperation on animal welfare matters. " 
a. Will the Parties be required to fulfil animal welfare obligations that involve 
making cha nges to domestic regulations?   
Response from the European Union  
 
 Article  146(1) of the Agreement establishes that the exporting Party shall ensure that products 
exported to the importing Party comply with the sanitary and phytosanitary requirements of the 
importing Party.  
 
 The EU has established, in accordance with its legis lation, certain import conditions concerning 
animal welfare. In particular, the EU requires that meat exported to the EU derives from animals 
which have been treated in the slaughterhouse in accordance with the requirements of the EU 
legislation on the pro tection of animals at the time of killing or at least equivalent requirements.  
 
 The EU considers that such requirements are part of the obligations established in 
Article  146(1) . 
 
Response from Costa Rica  
 
 Chapter 5 – Sanitary and Phytosanitary measures apply to animal welfare only with regards 
to cooperation activities between the parties ( Article  142(3) and Article  156(2.f.). Costa Rica has 
legislation concerning animal welfare.  
 
Response from El Salvador   
 
 El Salvador fulfils its obligations as a WTO Member ; therefore , these commitments or 
obligations are required of its trading partners,  and the corresponding reg ulations  are verified . 
 
Response from Guatemala   
 
 To date, Guatemala has no specific regulations governing animal welfare.  
 
Response from Honduras   
 
 Honduras has no plans to amend its animal welfare legislation, as the provisions of the sanitary 
and phytosanitary measures section of the Association Agreement between Central America and the 
European Union are consistent with the provisions on this matte r in other trade agreements in force 
and with the World Trade Organization Agreement on the Application of Sanitary and Phytosanitary 
Measures.  
 WT/REG332/2  
 
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  Response from Nicaragua   
 
 Chapter 5 – Sanitary and Phytosanitary measures apply to animal welfare only with re gards 
to cooperation activities between the parties ( Article  142(3) and Article  156(2.f.). However, 
Nicaragua has legislation concerning animal welfare. For example:  
 
http://legislacion.asamblea.gob.ni/normaweb.nsf/($All)/53C3D460F2EA84EB06257A2A006E42B3?
OpenDocument  
 
http://legislacion.asamblea.gob.ni/normaweb.nsf/($All)/8AE94097FB7EB7F306257A2A00750F4B?
OpenDocument  
 
Response from Panama   
 
 Sanitary and Phytosanitary Measures on animal welfare are applied by Panama in accordance 
with OIE standards , as well as Executive Decree No. 5 of January 2022 establishing  the Animal 
Welfare Programme in the National  Animal Health  Directorate of the Minis try of Agricultural 
Development, with the fundamental objective of ensuring the conservation and protection of 
animals, promoting respect and consideration for them, educating the community on responsible 
attitudes towards animals, promoting humane treatme nt, and disseminating the r egulations  that 
apply sanctions  for animal abuse.  
 
b. Is non -compliance with the animal welfare provisions envisaged by the 
Agreement also subject to the dispute settlement mechanism?  
 Any obligation covered by Article  146(1) is sub ject to the dispute settlement mechanism. 
However, animal welfare is within the scope of Chapter 5 of the Agreement only with regards to 
cooperation activities between the parties (Article  142(3) and Article  156(2.f.) .  
 
Questions on economic competition  
 
1.15.   Paragraph 5.39 , page 68: "Title VII (Trade and Competition, Article s 277-283) 
requires the Parties to adopt or maintain and enforce competition laws which effectively 
address the anticompetitive practices, and to establish or maintain competit ion 
authorities designated and appropriately equipped for the transparent and effective 
implementation of the competition laws. It also establishes transition periods in the 
following cases ( Article  279):  a. three years - i.e. by December 2016 - for any Ce ntral 
American Party that did not have a national competition law to develop such law and/or 
designate a competition authority. As of January 2022, Guatemala had not yet adopted a 
competition law; " 
a. Is Title VII ("Trade and Competition") subject to the prov isions contained in 
Article  355 ("Fulfilment of the obligations") of the Agreement?  
 There are no specific means neither through the Article  355 (fulfilment of obligations) nor 
Title X (dispute settlement) to enforce obligations established under the Title VII (Trade and 
competition) of the Association Agreement.  
 
b. What measures have the Parties taken in relation to Guatemala's commitment to 
adopt a competition law?  
 Guatemala has no Competition law and that matter was discussed in the Association 
Committee of November 2020. The EU notably stressed the importance to adopt a competition law, 
see minutes of the Association Committee in November 2020:  
https://circabc.europa.eu/ui/group/09242a36 -a438-40fd-a7af-fe32e36cbd0e/library/b72e060d -
082d-4b9f-abf8-a1243323eb78?p=1&n=10&sort=modified_DESC  
 
c. Has any progress been made on the adopt ion of Guatemala's draft Law  5074 
since the amendments proposed in February 2017?  WT/REG332/2  
 
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   The Competition Law Project is currently being analysed and discussed in the Congress of the 
Republic of Guatemala; however, every effort is being made to comply with the in ternational 
commitments acquired on the subject in question.  
 
1.16.    Paragraph 5.40: "There is no provision for the exchange of confidential 
information. The exchange of non -confidential information and enforcement cooperation 
is regulated in Article  281. Cooper ation and technical assistance are foreseen, details are 
provided in Article  52." 
 Are there any cooperation activities between the Parties regarding merger control, 
cooperation on capacity building or advocacy that have been implemented between the 
compet ition authorities of the Parties under the Agreement?  
 
 There has not been recent cooperation between the parties under the Title VII (Trade and 
competition) of the Association Agreement.  
 
Provisions on trade in goods  
 
1.17.   Paragraph 3.69 .c.: "The Agreement also provides for the following 
(Article s 93-97): c. the Parties may decide not to apply anti -dumping or countervailing 
measures  if it is clearly concluded these are not in the public interest; " 
 Could the Parties indicate whether there are param eters or guidelines for clearly 
concluding that anti -dumping or countervailing measures are not in the public interest, or 
how this is determined?  
 
Response from the European Union  
 
 A public interest analysis should be based on an appreciation of all the various interests of the 
different economic operators in the market that would be affected by the imposition of an AD or AS 
duty. These include: the complaining domestic producers, ot her producers of the like product, 
traders and importers, up - or downstream users of the imported the product, suppliers of inputs for 
the product concerned, or consumer organisations.  
 
 A public interest analysis aims at determining whether the possible negative consequences of 
measures would be disproportionate to the benefits of such measures for the injured domestic 
industry. The analysis is prospective and is normally based on company specific data relating to the 
investigation period. It tries to pro ject how the imposition or non -imposition of measures would 
impact on the economic operators in question.  
 
 There are no "fit for all " guidelines or methodologies, but the analysis has to be carried out 
case by case, on the basis of the verifiable informa tion submitted by interested parties.  
 
Response from Costa Rica   
 
 There is no established methodology in Costa Rica for measuring the public interest. However, 
the analysis must be carried out on a case -by-case basis, based on verifiable information provided 
by the interested parties.  
 
Response from El Salvador   
 
 Pursuant to national legislation and as part of the procedure of an investigation, the public 
interest  is analysed, with a view to ensuring  that the anti -dumping or countervailing measure does 
not run counter  to the general public interest. The public interest will be examined on the basis of 
the relevant information provided by the interested parties or gathered by the investigating authorit y 
during the investigation . The interests of the relevant domestic industry, the state of domestic 
competition  for the product under investigation , and the needs of the final consumers  are also taken 
into consideration . 
 WT/REG332/2  
 
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  Response from Guatemala  
 
 There is no specific methodology to identify whether an antidumping duty or countervailing 
measure could be in the public interest; however, in the specific case of Guatemala, the initiation of 
an investigation on unfair practices is published in the Diari o de Centro América for the knowledge 
of the general public. During the investigation process, third parties may send their comments, 
which, at the discretion of the Investigating Authority, could be considered.  
 
Response from Honduras   
 
 Honduras does not  have a methodology for measuring the public interest in the application of 
measures. It should be noted that should there be an interested party and the administrator of the 
trade agreement is referred to , an analysis will be carried out.  
 
Response from N icaragua   
 
 There is no established methodology for measuring the public interest. In practice, information 
is collected from the parties involved, taking into consideration the interest of the domestic industry 
and consumers' needs.  
 
Response from Panama   
 
 In the case of Panama, the analysis must be carried out on a case -by-case basis, based on 
verifiable information provided by  the interested parties, taking into account the effect that the 
imposition of the measure has had or is likely to have.  
 
Questions from the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu  
 
Provisions on trade in goods  
 
Import duties and charges, and quantitative restrictions  
 
Tariff rate quotas  
 
1.18.   Paragraph 3.22: "The EU grants Central America TRQs for garlic, manioc starch, 
sweet corn, mushrooms, rice, beef, sugar and goods with high sugar content, and bulk 
rum (Appendix 2 to Annex  I). TRQs are generally regional5 while for beef, sugar and rum 
some country -specific allocation is provided for. " 
a. How have the regional TRQs been distributed in practice by the Central America 
parities?  
 Central America, by Resolution of the Council of Ministers for Economic Integration (COMIECO) 
(Council of Minister s for Economic Integration – SIECA ) agreed to a distribution of the regional 
quotas under the Agreement, which are detailed in " Resolución 315 -2013 COMIECO -EX"). 
 
b. As for Appendix 2 to Annex I (pages 80 -81), what were the TRQs for sugar and 
rice that the EU granted to CA in 2021, and what were the country -specific 
allocations?  
Sugar  
 
 The EU Party granted exclusively to Panama  a quota of 12 ,000 tonnes of raw sugar equivalent 
per year, with an annual growth of 360 tonnes. Additionally, the EU Party granted the Republics of 
the CA Party , except Panama, a regional quota of 150 ,000 tonnes of raw sugar equivalent per year, 
with an annual growth of 4 ,500 tonnes; and apply  to the following tariff lines in the Schedule of the 
EU Party:  
 
 
5 The distribution of the regional TRQs is agreed by Central America Parties.  WT/REG332/2  
 
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  a. 1701 11 10, 1701 11 90, 1701 91 00, 1701 99 10, 1701 99 90, 1702 30 10, 1702 30 51, 
1702 30 59, 1702 30 91, 1702 30 99, 1702 40 90, 1702 90 30, 1702 90 50, 1702 90 71, 
1702 90 75, 1702 90 79,  1702 90 80, and 1702 90 99.  
 
b. 1702 50 00, 1704 90 99, 1806 10 30, 1806 10 90, 1806 20 95ex2, 1806 90 90ex2, 1901 
90 99,2006 00 31, 2006 00 38, 2007 91 10, 2007 99 20, 2007 99 31, 2007 99 33, 2007 
99 35, 2007 99 39,  2009 11 11ex2, 2009 11 91, 2009 19 11ex2,  2009 19 91, 2009 29 
11ex2, 2009 29 91, 2009 39 11ex2, 2009 39 51, 2009 39 91, 2009 49 11ex2, 2009 49 
91, 2009 80 11ex2, 2009 80 35ex2, 2009 80 61, 2009 80 86, 2009 90 11ex2, 2009 90 
21ex2, 2009 90 31, 2009 90 71, 2009 90 94, 2101 12 98ex2, 2101 20 98ex2, 2106 90 
98ex2, and 3302 10 29.  
Rice 
 
 The EU Party granted the Republics of the CA Party  a regional quota of 20 ,000 tonnes per 
year, with an annual growth of 1 ,000 tonnes; and apply to the following tariff lines in the Schedule 
of the EU Party: 1006 20 15,  1006 20 17, 1006 20 96, 1006 20 98, 1006 30 25, 1006 30 27, 1006 
30 46, 1006 30 48, 1006 30 65, 1006 30 67, 1006 30 96, 1006 30 98.  
 
c.  What were the country -specific allocations?  
Response from Central America  
 
 Country specific allocations are defined in "Resolución 315 -2013 COMIECO -EX" (Resolución 
No. 315 -2013 | Aprueba Reglamento pa ra Administración de Contingentes del Acuerdo de Asociación 
CA-UE – SIECA ).  
 
 The European Union granted a quota for sugar exclusively to Panama for 2021. The allocated 
quota was 14,880 metric tonnes.  
 
Regulatory provisions on trade in goods  
 
Anti-dumping and countervailing measures  
 
1.19.   Paragraph 3.68: "Pursuant to Article  92, in case where anti -dumping or 
countervailing measures can be imposed on a regional and national basis, those measures 
are not applied simultaneously. " 
 Please elaborate on t he reasons behind this paragraph, and provide examples in 
which antidumping or countervailing measures can be imposed on a regional basis and on 
a national basis?  
 
 As indicated in the Agreement, when  it is possible for  anti-dumping or countervailing measu res 
to be imposed on a regional and national basis , the Parties shall ensure that regional and national 
authorities do not apply such anti -dumping or countervailing measures to the same product  
simultaneously . 
 
Market Access  
 
1.20.   In the WTO Factual Report, Costa Rica is partially open in the libraries -archives -
museums and other cultural services supply mode three (i.e. establishment), as follows:  
 
WT/REG332/2  
 
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  Whereas, on page 1969 of the text of the agreement, Costa Rica is not open to supply 
mode three, as fol lows:  
 
 
(2 ) The horizontal reservation on public utilities applies.  
 
 Therefore, these two results as stated are inconsistent. Please clarify which one is 
correct.  
 
Response from Costa Rica  
 
 Costa Rica confirms we have an "unbound " in the list of Establishment for this subsector. The 
confusion may arise because our understanding when we review the factual report, was that the 
simple fact of including a sector or subsector in the list it reflects some level of commitment.  
 
__________