The Impact of the SPS Agreement on Food Legislation of the Russian Federation

Abstract

The paper analyzes the impact of the Agreement on the Application of Sanitary and Phytosanitary Measures on the food legislation of the Russian Federation. The author investigated the main provisions of this Agreement, and then analyzed how the member States of the World Trade Organization use the rules under consideration in law enforcement activities. The implementation of this international act is aimed, on the one hand, at the ability of States to take measures to protect humans and animals, and on the other hand, to ensure uniform market requirements. The approaches of States to the implementation of international law rules may be different and may depend on many factors, for example, whether countries are importers or exporters of food. The difference in approaches is also observed between developed and developing countries, which is manifested in different opportunities to defend the interests of the state in the framework of WTO disputes. The analysis of legislation and judicial practice allowed the author to conclude that the agreement for the member States may have both limiting and generating positive consequences. At the same time, the European Union and the Russian Federation are going in opposite directions. The EU actively protects its markets both by developing food legislation and by participating in disputes under the WTO mechanisms, while Russia does not show proper activity in law-making and law enforcement. The provisions of the Agreement related to the academic substantiation of decisions taken by States, as well as the use of a risk-based approach in public administration of the food sector are also implemented in different ways. The EU is building a system of food legislation based on risk-based decision-making by Member States, as well as taking into account the updating of scientific data. Russian legislation presents an unsystematic set of regulatory legal acts that fix the minimum requirements for food products.