OREANDA-NEWS. December 09, 2011. Moscow Arbitration Court confirmed legitimacy of FAS decision and determination regarding Russian Railways OJSC and Pervaya Gruzovaya Kompania OJSC, reported the press-centre of FAS Russia.

On 11th February 2011, FAS Commission found that Russian Railways OJSC violated Clause 4 Part 1 Article 10 of the Federal Law On Protection of Competition.

Russian Railways OJSC failed to complete full required terminal operations for freight transportation (technical examination and maintenance of oil cars). The payment for the services was made according to the rates specified in No. 10-01 Price List. Russian Railways OJSC also failed to provide access of the consignor to the location of terminal operations where bulk loading of oil cargo takes place The company also transferred locations of mandatory terminal operations, exercised on the basis of the Statute of Rail Transport of the Russian Federation, to the benefit of its subsidiary Pervaya Gruzovaya Kompania OJSC, without due encumbrances.

FAS Commission issued a determination to Russian Railways OJSC to stop abusing market dominance and exercise actions towards protecting competition. The carrier must provide access to production capacities at Kombinatskaya rail station. Under the Russian law, Russian Railways OJSC must:

1). Exercise full technical examination and maintenance of rolling stock not owned by the carrier that arrives for loading, being guided by the Russian law (1).

2). Allow access of consignors representatives (persons responsible for loading) to locations of oil cars examination and maintenance (at the time the decision was made to the overhead crossing at Kombinatskaya rail station).

3) Duly prepare documents regarding the results of terminal operations (2).

A similar determination relates to unlawful actions of Russian Railways OJSC at Novaya Yelovka railway station: the company must provide access to production capacity in accord with the law.

Due to absence of antimonopoly violations, FAS Commission terminated proceedings against Pervaya Gruzovaya Kompania OJSC. At the same time, FAS issued a determination to Pervaya Gruzovaya Kompania OJSC as a member of the group of persons of Russian Railways OJSC, to exercise actions towards protecting competition, in particular, providing access to production capacities at Kombinatskaya rail station. Pervaya Gruzovaya Kompania OJSC must:

1). Allow access of representatives of the carrier (Russian Railways OJSC) and consignor (persons responsible for loading) to the locations of technical examination and maintenance of oil cars to the overhead crossing at Kombinatskaya rail station.

2). Wash out oil cars only under an act drawn by Russian Railways OJSC in accordance with the Order of the Ministry of Transport On Approving the Rules for Drawing Acts in course of Railway Freight Transportation or upon an application of a rolling stock operator.

FAS Commission also issued a determination to Pervaya Gruzovaya Kompania OJSC to allow access to production capacities at Novaya Yelovka railway station:

1). Wash out oil cars only under an act drawn by Russian Railways OJSC in accordance with the Order of the Ministry of Transport.

Reference:

(1). No.18-FZ Federal Law The Statute of the Railway Transport of the Russian Federation of 10th January 2003;

- The Rules for cleaning and washing out containers after unloading the goods approved by No.46 Order of the Ministry of Transport of 18th May 2003;

- the Rules for Drawing Acts in course of Railway Freight Transportation, approved by No.45 Order of the Ministry of Transport of 18th May 2003;

- The Rules for transporting liquid goods loading in bulk in oil cars and hopper-shaped cars to transport petroleum bitumen, approved by the Railway Transport Council of the CIS member-states (No.50 Protocol of 21-22 May 2009);

- The Instruction for maintenance of cars in operation (an instruction for car inspectors), approved by the Railway Transport Council of the CIS member-states (No.50 Protocol of 21-22 May 2009);

- Standard technological processes at railway stations loading / unloading oil cargo and washing-and-steaming operations to clean up and prepare oil cars for freight transportation, approved by No.G-14540 Order of the Ministry of Transports of the USSR, 1982.

(2). According to the Order of the Ministry of Transport On Approving the Rules for Drawing Acts in course of Railway Freight Transportation.