G/SPS/GEN/2051   
8 July 2022  
(22-5285) 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 8 July 2022, 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 onions and potatoes for consumption from Peru and the related undue delays 
in the phytosanitary efforts to restore trade in these product s. 
2.  Peru wishes to point out that, 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 ris k assessment. Moreover, Article  5.4 of the 
Agreement specifies that Members should take into account the objective of minimizing negative 
trade effects. However, it is regrettable that Panama has not taken into account the above -
mentioned provisions and ha s instead applied restrictive and unjustified measures to trade in 
potatoes and onions from Peru.  
3.  Regarding trade in Peruvian onions, Panama suspended imports of this product in 2016 despite 
not having detected any quarantine pest in the shipments that wou ld justify the suspension of 
imports as an emergency measure (section 5.1.6.4, ISPM No. 20, Guidelines for a phytosanitary 
import regulatory system). It  should be noted that this suspension was based solely on an updated 
pest risk analysis (PRA), without t here 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 Plant Protection Convention, w hich 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 inform ation.  
4.  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 an 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 
Panam anian market.  
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 rea sonable and necessary. 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 
authori ty has failed to respond to the results of its risk analysis and has even asked again for the 
same information that was sent in good time by the Peruvian health authority, causing the process 
to be unnecessarily and unjustifiably prolonged.  G/SPS/GEN/2051  
 
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  6.  The measures applied by Panama have had a negative impact on exports of Peruvian potatoes 
and onions. The last year for which export figures for potatoes to Panama were recorded, in terms 
of both volume and value, was 2009. It is important to highlight tha t 2008 was the best year for the 
exportation of Peruvian potatoes to Panama, owing to the fact that over 604 tonnes were sent, with 
a value of USD 249,000. However, in  2009, exports of Peruvian potatoes to Panama fell drastically 
by as much as  69%.  
7.  Similar ly, in 2017, Peruvian fresh onion exports to Panama fell  significantly in terms of both 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 p eriod 2012 –2017 decreased by 53.17%, 
despite the fact that the export potential of this sector is USD 2.3 million.1 
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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1 According to the ITC's Export Potential Map for tariff heading 070310.