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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 22, 2018 No. 1640

About approval of Rules of non-discriminatory access to the goods market of services of public mail service

According to part 3 of article 10 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

1. Approve the enclosed Rules of non-discriminatory access to the goods market of services of public mail service.

2. Determine Federal Antimonopoly Service authorized federal executive body by ensuring the state control of observance of the Rules approved by this resolution.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of December 22, 2018 No. 1640

Rules of non-discriminatory access to the goods market of services of public mail service

I. General provisions

1. These rules determine conditions and procedure for ensuring non-discriminatory access to the services rendered with use of network of public mail service realized by subjects of natural monopolies to which regulation according to the Federal Law "About Natural Monopolies" is applied.

2. The concepts used in these rules mean the following:

"network of public mail service" - the single production and technology complex including the objects of mail service and mail routes used by the operator of mail service for rendering services of public mail service;

"the owner of network of public mail service" - subject of natural monopoly which regulation of activities is performed according to the Federal Law "About Natural Monopolies", being the owner and (or) disposing of network of public mail service on other legal cause and included in the register of subjects of natural monopolies;

"service of interoperator exchange" - the complex of the production and technology transactions performed with use of production capacities of network of public mail service, including including transactions on processing, transportation, delivery (delivery) of written correspondence;

"users services of interoperator exchange" - the operators of mail service who signed the service provision agreement of interoperator exchange;

"technological capability of access to services of interoperator exchange" - compliance of handling capacity of network of public mail service to the amount of rendering public services of mail service planned by the owner of network of public mail service and availability of reserve of handling capacity for provision of access to services of interoperator exchange taking into account the parameters of quality of public services of mail service set by the legislation of the Russian Federation;

"economic possibility of access to services of interoperator exchange" - ensuring compensation of economically reasonable costs and receipt of necessary profit by the owner of network of public mail service connected with provision of access to services of interoperator exchange at the expense of the user services of interoperator exchange.

Other concepts used in these rules correspond to the concepts accepted in the legislation of the Russian Federation in the field of mail service.

3. Non-discriminatory access to services of interoperator exchange provides equal sales terms of the rights of users with services of interoperator exchange irrespective of their form of business, the legal and property relations with the owner of public mail service taking into account technological and economic capability.

4. The state control of observance of the requirements determined by these rules is performed by Federal Antimonopoly Service and its territorial authorities within the established powers concerning observance of the antitrust law of the Russian Federation and the legislation of the Russian Federation on natural monopolies.

II. General terms of non-discriminatory access to services of interoperator exchange

5. Application of these rules is performed proceeding from the following principles:

a) providing to users of services of interoperator exchange of possibility of rendering these services;

b) ensuring non-discriminatory access to services of interoperator exchange for the users with services of interoperator exchange getting access in comparable conditions;

c) protection and development of the competition in the field of services of public mail service.

6. Access to services of interoperator exchange shall be provided at least in one object of network of public mail service in each subject of the Russian Federation.

Under the organization of access to services of interoperator exchange the owner of network of public mail service shall provide the following services in each such object of network of public mail service:

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