WORLD TRADE  
ORGANIZATION  G/SPS/GEN/945 
17 June 2009 
 
 (09-2975) 
Committee on Sanitary a nd Phytosanitary Measures Original:   Spanish 
  
 
COLOMBIA:  CONCERNS REGARDING EXPORTS OF 
PROCESSED CHICKEN PRODUCTS FROM PANAMA 
 
Communication from Panama
 
 
 
 The following communication, dated 11 June 2009,  is being circulated at the request of the 
delegation of Panama . 
 
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I. QUESTIONS POSED BY PANAMA 
1. The Government of Panama requests the Governme nt of Colombia to provide risk assessment 
information and scientific evidence in support of the non-recertification of the processing plant, 
owned by the company MELO S.A., for the expor tation of processed chicken products to the 
Colombian market.  In particular, it inquires what  are the scientific grounds and risk assessment 
which, pursuant to the Agreement on the Appli cation of Sanitary and Phytosanitary Measures 
(SPS Agreement), justify the undue delay caused by the Colombian authorities in not authorizing the 
Panamanian processing plant. 
2. The Government of Panama requests the Government of Colombia to explain why its 
competent authorities have not issued a scientific finding in support of the measure imposed by 
Colombia on Panamanian processed chicken exports. 
3. The above requests are made having regard to the fact that, in accordance with the 
SPS Agreement, Colombia is under th e obligation to apply to imports from Panama a measure which, 
while ensuring product safety, is the least trade-restri ctive.  Otherwise, the measure would constitute a 
disguised restriction on free trade. 
4. The Government of Panama's request to the Gove rnment of Colombia is that the authorities of 
its Colombian Agricultural Institute (ICA) and its  National Institute for Food and Drug Surveillance 
(INVIMA) recertify or authorize the MELO S.A. processing plant as soon as possible, in order to permit the resumption of Panamanian processed chic ken exports, which began on a regular basis in 
2003. 
II. BACKGROUND 
5. During 2008, the cumulative trade flow betwee n Panama and Colombia amounted, in value 
terms, to US$285.4 million, of which 4.3 per cen t corresponded to Panamanian exports and 95.7 per 
cent to Panamanian imports, with a cumu lative trade deficit of US$261.2 million. 
6. Panamanian processed chicken exports to the Colombian market have been increasing and 
during the last six years have averaged more th an US$300,000, accounting for 7.7 per cent of total G/SPS/GEN/945 
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  exports to that market.  These figures indicate the fundamental economic importance of the trade, 
which also has the multiplier effect of generating jobs and opportunities for improving quality of life. 
7. Accordingly, Melo S.A. has been exporting processed chicken products continuously to the 
Colombian market since 2003.  However, there ha ve been delays in the proceedings which the 
company, with due notice, initiated in June 2007,  through the Ministry of Agricultural Development 
(MIDA), for the purpose of having the plant r ecertified and authorized to continue exporting 
processed chicken to the Colombian market.  Melo S.A. has encountered technical barriers to its 
exports of processed chicken products to the Colo mbian market since the end of September 2007 and 
is still encountering them. 
8. To establish a framework for agreement that w ould lead to the opening up of the Colombian 
market to Panamanian processed chicken products, MIDA and ICA together held a bilateral technical 
meeting on 6 and 7 March 2008, in Cartagena de Indias, with a view to the resumption of the Panamanian trade.  So far, we have not had any scientific response from the Colombian authorities. 
9. At the last meeting of the WTO's SPS Committee,  in April 2008, the Panamanian delegation 
considered it important to address these specific trad e concerns, within that forum, in a bilateral 
context and, accordingly, we are requesting the Colombian authorities for a bilateral meeting to 
discuss Panama's concerns.  So far, we have not received any satisfactory response from the Colombian authorities. 
10. At the above-mentioned meeting, Panama indicated that the main aim was to make a 
statement and inform the WTO, within the contex t of the meetings of the SPS Committee, of the 
specific concern relating to trade with Colombia.  Th is concern is focused on the trade in Panamanian 
processed chicken products, as these Panamanian expor ts to Colombia have been interrupted since 
September 2007.  It is important to note that this is  a high-priority issue for Panama and, accordingly, 
our Government would like to know the current status of ICA's assessment of the Panamanian 
company, as well as the result of the assessment made by INVIMA. 
11. In this connection, the delegation of Colombia  thanked its Panamanian counterpart for the 
invitation to this bilateral meeting, within the framework of the WTO SPS Committee meeting.  It is 
important to note that at the bilateral meeting in April 2008, INVIMA stated that it had not yet 
received the information from ICA concerning th e assessment of the Panamanian processing plant 
that would enable it to conduct a more general analysis of the situation.  They would therefore ask ICA to send them the information concerning the assessment of the Panamanian processing plant so that they could conduct such an analysis.  So far, we have not received any statement from Colombia 
in this respect. 
12. Panama stressed that it was of the utmost im portance that INVIMA should make every effort 
to submit a final report to enable processed chicken exports to the Colombian market to be resumed. 
13. The ICA authorities have not reported any progr ess in relation to processed chicken products, 
which clearly indicates that there is no scientific balance or readiness and commitment on the part of 
the Colombian authorities to rescind the discriminator y measures against exports of processed chicken 
products from Panama.  It should be noted that  following technical meetings between the two 
countries the fertile egg trade has been fully regularized. 
III. LEGAL BASIS OF CONFORMITY WITH THE WTO AGREEMENTS 
14. The above explanations are being requested in  conformity with the rights and obligations 
assumed by Panama and Colombia under WTO trade disciplines.  G/SPS/GEN/945 
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  15. In particular, they are being requested in c onformity with the SPS Agreement, according to 
which: 
• The Agreement applies to all sanitary and phytosanitary measures which may, 
directly or indirectly, affect international trade (Article 1); 
 
• Members have the right to take sanitary measures provided that they are consistent 
with the provisions of the Agreement, are based on scientific principles, are not maintained without sufficient scientific evidence, do not arbitrarily or unjustifiably 
discriminate between Members where simila r conditions prevail, do not constitute a 
disguised restriction on international trad e and are based on international standards 
issued by the organizations recognized in  the SPS Agreement (Articles 2 and 3.1); 
 
• Members may introduce a sanitary measure which results in a higher level of 
protection than would be achieved by meas ures based on the relevant international 
standard if there is a scientific justifica tion, or as a consequence of a risk assessment 
for the purpose of determining the appropria te level of protection, carried out in 
accordance with Article 5 of the SPS Agreement; 
 
• Members must ensure that the measures adopt ed are not more trade-restrictive than 
required to achieve their appropriate leve l of sanitary protection (Article 5.6); 
 
• When a Member has reason to believe that  a specific sanitary measure introduced by 
another Member is constraining its exports and the measure is not based on an international standard, it may request an e xplanation of the reasons for that measure 
and the Member maintaining the measur e must provide one (Article 5.8); 
 
• The Committee on Sanitary and Phytosanitary Measures is the regular and 
appropriate forum for consultations  on sanitary matters (Article 12); 
 
• Members are fully responsible for the implementation and observance of all 
obligations set forth in the SPS Agreement (Article 13);  and 
 
• Control, inspection and approval procedur es must be conducted without undue delay 
and in no less favourable manner for im ported products than for like domestic 
products, in accordance with Annex C of the SPS Agreement. 
 
IV. CONCLUSION 
16. In view of the above considerations, the Gove rnment of the Republic of Panama formally 
requests the authorities of the Republic of Colombia to comply with the provisions of the 
SPS Agreement and in particular A nnex C, in such a way as to ensure that the requisite inspection 
procedures are conducted without undue delay, so that there are no disguised restrictions on 
international trade. 
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