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Sanitary and veterinary hygiene requirements for imports of fish and fishery products into Russia—the tensions between regional integration and globalisation

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Abstract

The article provides an overview of the major issues in relation to the sanitary and veterinary hygiene requirements for the importation of fish and fishery products into the Russian Federation. The regional trade implications of Russia’s membership of the World Trade Organisation and of the Customs Union with Belarus and Kazakhstan, will also be considered. Russia, Kazakhstan and Belarus would benefit from the harmonisation of sanitary and phytosanitary as well as technical barriers to trade measures and a lot of work in that respect has been done during the past few years. However, all three countries still use the system of state mandatory standards (the so-called “GOST”—to use the Russian abbreviation) and transition to international standards would facilitate trade and increase private sector participation. The impressive recovery of production in Russia is notable, but at the same time further growth depends increasingly on product safety, quality and diversification of production. It is evident that the traditional approach to risk management and “GOST”-based systems (including sanitary regulations or “SanPin” from the Russian for “sanitary rules”) of the Russian Federation impose serious constraints on the competitiveness of production as matters regarding food safety, animal and plant health outcomes are not satisfactory. Consequently, sanitary and phytosanitary measures not based on risk assessment and science may become barriers to trade, as is illustrated by the case studies on the fisheries sector presented here.

Out of intense complexities intense simplicities emerge.

Winston Churchill (1874–1965)

The World Crisis

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Notes

  1. In 1993, when the Russian Federation adopted the current Constitution, there were 89 subjects. On 1 March 2008, following the regional reform merger there were only 83 subjects. From 18 March 2014, following the accession of the Republic of Crimea to Russia and the formation of two new entities of the Republic of Crimea and Sevastopol city of federal significance in Russia, the number of subjects of the Russian Federation recognised in Russia is 85.

  2. Complete information on Russian borders is electronically available at http://www.ask.com/question/what-countries-border-russia.

  3. According to the information provided by Wikipedia—http://ru.wikipedia.org/wiki/.

  4. Fishing industry in Russia http://en.wikipedia.org/wiki/Fishing_industry_in_Russia.

  5. Food and Agriculture Organisation of the United Nations, National Fishery Sector Overview of the Russian Federation, FID/CP/RUS, November 2007, electronically available at ftp://ftp.fao.org/FI/DOCUMENT/fcp/en/FI_CP_RU.pdf.

  6. FAO Global Capture Production Database, updated in March 2014, electronically available at ftp://ftp.fao.org/FI/STAT/Overviews/CaptureStatistics2012.pdf, FAO Global Aquaculture Production Volume and Value Statistics Database updated in March 2014, electronically available at ftp://ftp.fao.org/FI/STAT/Overviews/AquacultureStatistics2012.pdf.

  7. The Strategy was approved by the Government Decree of 17 April 2012, No. 559-p. In addition, the Food Security Doctrine of the Russian Federation, approved by Presidential Decree of 30 January 2010, No. 120, and “Principles of the State Policy of the Russian Federation in the field of healthy nutrition for the period up to 2020”, approved by the Federal Government on 25 October 2010, No. 1873-p, provides internationally recommended norms of rational consumption of foods that meet the requirements of a healthy diet, and a number of departmental target programmes on the development of the agro-industrial complex of the country.

  8. Targets outlined in the Strategy include raising domestic fish and fish products production to 3.89 million mt by 2013 and 5.26 million mt by 2020; and raising annual per capita consumption (currently estimated at 21 kg) to 23 kg in 2013 and 28 kg in 2020. Total investment in the project is expected to come to RUB 36.9 billion (US$ 1.15 billion), comprising RUB 28.3 billion from private corporations and RUB 8.5 billion in government-subsidised loans. It is hoped that the country will increase global market share in the high-value fisheries product sector to 1 % by 2020.

  9. In relation to the fishery sector the Federal Government outlines the following recommendations in the Strategy:

    • Modernise 40 % of Russia’s total processing facilities, of which 60 % is to include canned fish facilities and 30 % cold storage;

    • Renovate old processing facilities and establish new ones in the North Eastern Federal District, after which the region will account for 34 % of the country’s total fishery production and 50 % of canned fish products;

    • Develop new costal processing facilities in the Southern Federal District.

  10. By 2020, the Strategy envisions a 4 % growth in Russia’s total fish processing capacity, of which 13 % is to include canned fish production.

  11. The SPS Agreement (in Annex A) defines sanitary and phytosanitary measures broadly. They include “…all relevant laws, decrees, regulations requirements and procedures including, inter alia, end product criteria; processes and production methods; testing, inspection, certification and approval procedures; quarantine treatments including relevant requirements associated with the transport of animals or plants, or with the materials necessary for their survival during transport; provisions on relevant statistical methods, sampling procedures and methods of risk assessment; and packaging and labelling requirements directly related to food safety.”

  12. The sanitary and phytosanitary measures are governed by the framework of the Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) of the World Trade Organisation (WTO) which came into force in 1995. Electronically available at http://www.wto.org/english/tratop_e/sps_e/spsund_e.htm.

  13. The Russian Federation was the biggest Norwegian buyer of Norwegian fish in terms of value in 2013, paying 691 million euro ($950 million) for 265,700 metric tons of fish. According to the Norwegian Committee on fish for 11 months in 2013 Norway exported to Russia 265,739 tons of fish and seafood on the total amount of 691 million euros. But 45.7 % of this accounted for salmon and trout, the rest—herring, mackerel, capelin.

  14. See official news of ROSSELHOZNADZOR, 31 December 2013, electronically available in Russian at http://www.bbc.co.uk/russian/rolling_news/2013/12/131231_rn_russia_norway_fish.shtml.

  15. The Federal Service for Veterinary and Phytosanitary Surveillance of the Russian Federation is the federal organ of executive power (competent authority of the Ministry of Agriculture), carrying out functions on control and supervision in the field of veterinary science. The official web site of the FSVPS is available in Russian and English—http://www.fsvps.ru/. It should not be confused with another controlling body—the Federal Service for Supervision of Consumer Rights Protection and Human Well-Being, which was created in 2004 within the Ministry of Health and from 2012 was excluded from that Ministry and reports directly to the Russian Government on all issues in relation to consumer protection and market surveillance.

  16. Sanitary and Phytosanitary Measure—Temporary Ban, 19/12/2013 No. FC-HB-7/18093, available in PDF format in Russian at http://www.fsvps.ru/fsvps/ImportExport/norway/enterprises.html.

  17. The authors of this article have done specific research on the sanitary and phytosanitary measures of the Eurasian Customs Union.

  18. It is worth referring to the unofficial Russian website http://nepotrebnadzor.org/2013/03/batsilla-rus/ (as last visited in March 2014), which publishes relevant materials.

  19. HACCP is a systematic preventive approach to food safety from biological, chemical, and physical hazards in production processes that can cause the finished product to be unsafe, and designs measurements to reduce these risks to a safe level. In relation to fisheries readers could consult Fish and Fishery Products Hazards and Controls Guidance, FAO 3rd edition, June 2001, available online at http://web.archive.org/web/20070929115907, http://www.cfsan.fda.gov/~comm/haccp4.html.

  20. Working Party Report on the Accession of the Russian Federation to the WTO.

  21. Decision No. 8 of 11 December 2009 with the Agreement of the Customs Union on Sanitary Measures.

  22. As amended by Decisions of the Customs Union Commission No. 342 of 17 August 2010, No. 455 of 18 November 2010, No. 569 of 2 March 2011, No. 623 of 7 April 2011, No. 726 of 15 July 2011, No. 830 of 18 October 2011, No. 893 of 9 December 2011, Decision of the Eurasian Economic Commission Collegium No. 254 of 4 December 2012; No. 274 of 12 December 2012; No. 307 of 25 December 2012.

  23. Veterinary Import Permits are issued by the Federal Service for Veterinary and Phytosanitary Supervision that must be applied for 30 days prior to the actual importation. The Federal Service for Veterinary and Phytosanitary Supervision has implemented the “Argus”, which enables importers to apply for the Veterinary Import Permit electronically. The importers must be first registered with the said system. Particular details on registration can be obtained from the Federal Service for Veterinary and Phytosanitary Supervision (http://www.fsvps.ru/fsvps/argus).

  24. Form No. 38 as adopted by the Decision of the Eurasian Economic Commission of 25 December 2012 No. 308.

  25. Live, chilled and frozen fish, caviar, crustaceans, molluscs, other aquatic and fishery products.

  26. Commission Regulation (EC) No. 2074/2005 of 5 December 2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004, OJ l 338, 22 December 2005, p. 12, as last amended by Commission Implementing Regulation 1012/2012 of 5 November 2012, L 306, 6/11/2012, p. 1.

  27. For more information on FVO consult http://ec.europa.eu/food/fvo/index_en.htm.

  28. In particular, Regulations (EC) No. 178/2002, (EC) No. 852/2004, (EC) No. 853/2004 and (EC) No. 854/2004.

  29. Guidance document on the implementation of procedures based on the HACCP principles, and on the facilitation of the implementation of the HACCP principles in certain food businesses: http://ec.europa.eu/food/food/biosafety/hygienelegislation/guidance_doc_haccp_en.pdf.

  30. See supra note 2 and Guidance document on the implementation of certain provisions of Regulation (EC) No. 852/2004 on the hygiene of foodstuffs: http://ec.europa.eu/food/food/biosafety/hygienelegislation/guidance_doc_852-2004_en.pdf.

  31. Questions and answers on Residues and Contaminants in foodstuffs: http://ec.europa.eu/food/food/chemicalsafety/residues/fcr_qanda_en.pdf.

  32. A Practical Guide to EU legislation on Food Contact Materials gives explanations and examples of legal terms which may be helpful for the general reader: http://ec.europa.eu/food/food/chemicalsafety/foodcontact/practical_guide_en.pdf.

  33. Questions and answers on the regulation of GMOs in the EU: http://ec.europa.eu/food/food/biotechnology/gmfood/qanda_en.htm.

  34. The EAC (Eurasian Conformity) Mark.

  35. For more information consult the official web site of the Russian Federal Service for Veterinary and Phytosanitary Surveillance, http://www.mcx.ru/index.html. Lists can be checked—they are open to the public.

  36. Respectively available on http://ec.europa.eu/food/international/trade/im_cond_fish_en.pdf.

  37. All relevant lists are to be found on http://www.fsvps.ru/fsvps/importExport/eu/index.html?_language=en.

  38. See EC Commission Market Access Database http://madb.europa.eu/madb/sps_barriers_details.htm?barrier_id=095234.

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Correspondence to Irina Kireeva.

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This contribution is based on a presentation given at the Annual Conference on European Food Law 2014, organised by ERA on 5–6 May 2014 in Trier. The opinions expressed in the article are those of the authors. A word of appreciation and thanks is due to Professor Arne Melchior of the Norwegian Institute of International Affairs, Department for International Economics for suggestions and valuable comments during the work on this article. The authors are also thankful to the Norwegian Institute of International Affairs for its financial support during the research for and preparation of this article (Project 216742).

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Kireeva, I., Black, R. Sanitary and veterinary hygiene requirements for imports of fish and fishery products into Russia—the tensions between regional integration and globalisation. ERA Forum 15, 495–518 (2014). https://doi.org/10.1007/s12027-014-0362-z

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