G/SPS/GEN/19 38  
16 July 2021 
(21-5645) Page: 1/2 
Committee on Sanitary and  Phytosanitary Measures  Original: Spanish  
 
  
PANAMA'S RESTRIC TIONS REGARDING THE PROCEDURE  TO REGAIN MARKET ACCESS  
FOR PERUVIAN POTATOES AND ONIONS  (STC  NO. 512) 
Communica tion from Peru 
The following communication , received on 13 July 2021, 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  the suspension by 
Panama of imports of onion s and potato es for consumption  from Peru  and the undue delays in the 
phytosanitary efforts to restore  trade in these products . 
2.  Peru wishes  to recall that Articles 2.2 and 5 of the WTO  SPS Agreement  state that 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. Likewi se, Article 5.4 provides 
that Members should take into account the objective of minimizing negative trade effects . However, 
we regret that Panama has not considered these provisions and that it has instead applied restrictive 
and unjustified measures to tr ade in potatoes and onions.  
3.  With regard to trade in Peruvian onions , no consideration has been given to the fact that trade 
in onions has amounted to over 19,000 metric tonnes since  2003, without any reports of pest 
interceptions  since that date . Panama suspended the importation of this product in 2016. This 
suspension was based solely on an updated pest risk analysis (PRA), with out there being any  
technical reason - as required under Article 5 of the SPS Agreement - for interrupting trade between 
the two Parties . It should be noted that the PRA makes it possible to establish phytosanitary 
requirements for the importation of new products into our countries and/or update existing import 
requirements without paralyzing the existing trade flow . Such re quirements may have the same 
results  or be stricter or less strict, and may even result in the repeal of existing rules .  
4.  Turning to trade in potatoes for consumption, the importation of this product was suspended by 
Panama in 2009 following the intercepti on of a pest in a consignment  at destination . In May 2010, 
following an exchange  of comments with its counterpart, Peru's phytosanitary authority  sent Panam a 
a proposed phytosanitary protocol for the exportation of potatoes , to which no response has been 
received to date . 
5.  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 requirements limited to what is reasonable and necessary . In this light , Peru has 
consistently provided technical information re lating to the PRA in order to secure the reopening  of 
the Panamanian market for potatoes and onions, without receiving any respons e from  Panama's 
health  authority concerning the results of its risk analysis , and has continually been asked for the 
same information that was sent in good time  by the Peruvian  health authority, which has led to  the 
process being unnecessarily and un justifiably  prolonged . 
6.  Furthermore, despite Peru outlin ing this concern in document G/SPS/GEN/1905  at the SPS 
Committee meeting of 25 -26 March 2021, Panama has so far  kept its market closed for potatoes 
and onions , without responding to Peru's communications . G/SPS/GEN/19 38 
 
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  7.  In light of the foregoing , Peru believes  that Panam a is cont inuing to cause undue delays in the 
establishment of the phytosanitary import requirements that would  enable  the importation of 
Peruvian potato es and onion s to resume . 
8.  The measures applied by Panam a have caused damage to exports of Peruvian potato es and 
onion s. 2009 was the  last year for which  export figures for potatoes to Panam a, both in terms of  
volume and value, were recorded . 2008 was the best  year for the exportation of Peruvian potato es 
to Panama  due to the fact that  over 604 ton nes were sent, with a value of  USD 249,000. However, 
exports of Peruvian potatoes to Panam a decreased by around 69% in 2009 . 
9.  Furthermore , in 2017, Peruvian fresh onio n exports to Panam a fell substantially  both in terms of 
value and volume . By the end of that year, exports of this product had fallen by around  98.04% in 
relation to 2016 and, as a result, the annual average growth for the period 2012-17 decreased  by 
53.17% , despite the fact that the export potential of this sector is USD 2.3 million .1 
10.  In light of the foregoing , and in order to prevent a violation of Articles  2, 5 and 8 and Annex C 
of the SPS A greement , Peru requests Panam a 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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1 According to the ITC's Export Potential Map for tariff heading 070310.