G/SPS/GEN/2118   
27 April 2023  
(23-2927) 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 26 April 2023, is being circulated at the request of the 
delegation of Peru. 
 
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1.  Peru would like once again to present to WTO Members its specific trade concern regarding 
Panama's undue delays in renewing authorizations for plants of Peruvian fishery and livestock 
enterprises.  
2.  It should be noted that the aspects relating to Per uvian plants exporting poultry meat have been 
partially withdrawn from the STC.  
3.  With regard to the case of Peruvian plants exporting hydrobiological and dairy products, Peru 
wishes to point out that Article 8 of, and Annex C(1)(a) and C(1)(c) to, the SPS A greement establish 
that the 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 enterprises' authorizations have 
not been renewed, with no technical justification, and despite the repeated requests made both 
bilaterally and multilaterally before this Committee.  
4.  In addition, despite the bilateral efforts undertaken, Pan ama has failed to communicate the 
anticipated processing period for renewing authorizations in a manner that is timely and based on 
its regulations. There is also no information or certainty about the length of time that would be 
granted to Peruvian enterp rises should renewal of their authorization be secured, in violation of 
Article 8 of, and Annex C(1)(b) to, the SPS  Agreement, which indicates that, upon request, Members 
must communicate the anticipated processing period for an approval procedure.  
5.  Peru is  uncertain as to why some companies are granted a longer period for the renewal of their 
authorizations and others a shorter period. A total of 27 Peruvian plants exporting hydrobiological 
products are currently affected and renewal is still pending for on e1 Peruvian enterprise exporting 
processed dairy products, for which the relevant communications and repeated requests have been 
issued.2 
6.  It should be noted that Panama has yet to respond to repeated requests made by Peru by email 
or in the letter dated 8  September  20223, addressed to the Minister for Trade and Industry of 
Panama, requesting a meeting of the Peru -Panama Free Trade Agreement Administrative 
Commission.  
 
1 GLORIA S.A., plant code SNP1.  
2 Communications sent:  
1. Official Note No. 001-2021-MINCETUR/VMCE/DGPDCE/DRTCE, 7 January 2021;  
2. Official Note No. 069 -2021-MINCETUR/VMCE/DGPDCE/DRTCE, 14 June 2021.  
3 Official Note No. 540 -2022-MINCETUR/DM.  G/SPS/GEN/2118  
 
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  7.  Peru regrets the clear failure of the Government of Panama to show any commitment to or 
interest in providing responses to Peru's communications, or to the consultations regarding the 
non-renewal of the authorizations of Peruvian fish ery and livestock enterprises.  
8.  Accordingly , Peru wishes to recall - once again - that, pursuant to Articles 2.2 a nd 5.1 of the 
WTO SPS Agreement, Members' sanitary measures are to be 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 ind icate any health reasons for not renewing 
the authorizations or granting new authorizations to Peruvian enterprises. Instead, it is imposing 
more and more conditions without a clear and transparent legal basis.  
9.  In the light of the foregoing, and in order t o prevent a continued violation of Articles  2.2, 5.1 and 
8 of, and Annex C(1)(a), C(1)(b) and C(1)(c) to, the WTO SPS Agreement, Peru asks Panama to 
renew the authorizations of Peruvian export plants and to avoid further delays that have no technical 
justification and that, in practice, represent unnecessary barriers to trade.  
 
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