FAS Comments Information about RZD
OREANDA-NEWS. August 12, 2013. Due to information in mass media about restrictions caused by the requirement to conclude agreements with “Russian Railways” OJSC for increasing delivery periods and filing and agreeing upon GU-12 application for freight transportation by railway transport in general use, the Federal Antimonopoly Service (FAS Russia) would like to state that it is monitoring the situation.
On 26th March 2012, “Russian Railways” OJSC issued No.5182 telegram, according to which to reduce payments upon pre-action claims on delays in deliveries of cargo and empty private cars, the heads of structural business units of “Russian Railways” OJSC had to conclude agreements for increasing delivery periods with consignors.
FAS started receiving petitions from consignors that they were forced to enter into agreements for increasing delivery periods, as a necessary condition of introducing amendments in GU-12 applications form); the absence of such an agreement prevented freight transportation (for the services of railway freight transportation).
Governed by Article 39.1 of the Federal Law “On Protection of Competition”, FAS sent a warning to “Russian Railways” OJSC to stop such actions and withdraw Clause 1 of the telegram (in the part of the need to conclude contracts with consignors for increasing delivery periods) and Clause 3 of the telegram in full. The company must conclude contracts with consignors for increased delivery periods in accordance with the current law and also issue instructions on the procedures for concluding such contracts across the network of “Russian Railways” OJSC (upon signs of violating Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition”).
“Russian Railways” OJSC executed the FAS warning in full and instructed its units actors the railway network about the importance to comply with the current regulations of the Russian Federation when concluding contracts for increased delivery periods.
However, according to the information in mass media actions of “Russian Railways” OJSC that may have signs of breaching the antimonopoly law happen again. Organizations to which such restrictions are applied should inform FAS.
The procedures for calculating freight transportation period by railways and cases when delivery periods may be increased and the standards for freight transportation are regulated by the Rules for calculating railway freight transportation periods, approved by No.27 Order of the Ministry of Transport of the Russian Federation of 18th June 2003 and Article 33 of No.18-FZ Federal Law “The Statute of the Railway Transport of the Russian Federation” of 10th January 2003.