'Today's ruling sends a strong signal to Russia': WTO confirms Russian pork ban is illegal

Total trade between the EU and Russia fell by around 36 % in the period 2013–2015
Total trade between the EU and Russia fell by around 36 % in the period 2013–2015

The World Trade Organisation's (WTO) Appellate Body today confirmed that Russia’s import bans on live pigs, pork and other pig products from the EU is illegal under international trade rules.

The ruling concerns a ban imposed by Russia in January 2014 because of the outbreak of African Swine Fever (ASF) in areas in the EU close to the border with Belarus.

In an earlier ruling (19 August 2016), a WTO panel acknowledged that Russia's refusal to accept imports of certain EU products and to adapt EU-Russia health import certificates accordingly amounts to an EU-wide import ban.

The Russian measure is not based on the relevant international standards and violates the rules of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement).

The panel made the same criticism of individual Russian bans on imports from Poland, Lithuania, and Estonia.

'A strong signal to Russia'

Commissioner Phil Hogan, who is currently on a visit to the WTO in Geneva, welcomed the Appellate Body ruling.

He said: "Today's ruling sends a strong signal to Russia on their obligation to respect international standards and the principle of regionalisation. This ruling confirms that EU pork is safe and meets international standards".

The panel underlined that WTO Members can exercise their right to determine their appropriate levels of sanitary protection and to restrict imports on the basis of sanitary concerns as long as they are effectively responding to real sanitary risks. This does not, therefore, concern products coming from disease-free areas.

The EU has one of the world's most efficient animal health and food safety systems, including high detection levels and stringent risk management rules.

Today's ruling reconfirms that the measures taken by Russia against the EU have little to do with any real sanitary or health risks, according to the European Commission.

The European Commission's Agricultural and Rural Development said EU products from disease-free areas are safe and there is thus no need for any country to maintain unjustified import restrictions

'Unjustified measures'

A spokesperson for the EC's Agricultural and Rural Development said: "Russia should withdraw its unjustified measures and allow EU companies to resume normal business with their Russian partners.

"For most of the products dealt with in this case, trade continues to be restricted by a politically motivated ban Russia imposed on EU agri-food products in August 2014.

"However, certain products such as pig fat, offal and live animals for breeding were covered by the sanitary ban addressed by the WTO and are outside the scope of the 2014 political ban.

"The EU will continue to use WTO procedures to ensure that international trade rules are effectively respected. WTO dispute settlement remains the strongest option to tackle significant trade barriers and to thus increase legal certainty and predictability for our companies."