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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 10, 2017 No. 92

About approval of the Procedure for regulation of access to services of rail transport, including fundamentals of tariff policy

For the purpose of increase in efficiency of access to services of rail transport, according to the Law of the Kyrgyz Republic "About rail transport", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve the Procedure for regulation of access to services of rail transport, including fundamentals of tariff policy, according to appendix.

2. This resolution becomes effective after fifteen days from the date of official publication.

3. To impose control of execution of this resolution on department of construction, transport and communications of Government office of the Kyrgyz Republic.

Prime Minister

S. Zheenbekov

Appendix

Procedure for regulation of access to services of rail transport, including fundamentals of tariff policy

1. This Procedure for regulation of access to services of rail transport, including fundamentals of tariff policy (further - the Procedure) is developed according to the Protocol on the coordinated (approved) transport policy (appendix No. 24 to the Agreement on the Eurasian Economic Union of May 29, 2014), the Law of the Kyrgyz Republic "About ratification of international treaties on accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of May 29, 2014", the Law of the Kyrgyz Republic "About rail transport", extends to the relations between the organizations of rail transport public, consumers and public authorities.

2. The concepts used in this Procedure mean the following:

state members of the Eurasian Economic Union (further - EEU) - the states which are members of the Eurasian Economic Union;

access to services of rail transport - rendering rail transport of one state member of EEU of services by the organizations to consumers of other state member of EEU on conditions is at least favorable, than on what similar services are rendered to consumers of the first state member of EEU;

the organization of rail transport - the physical person or legal entity of state member of EEU rendering services of rail transport to consumers.

3. The organizations of rail transport irrespective of the consumer's belonging to this or that state member of EEU, its form of business provide it access to services of rail transport according to the presents Procedure and the Law of the Kyrgyz Republic "About rail transport".

4. Access of carriers of state members of EEU to services of infrastructure is provided according to the requirements specified in appendices 1 and 2 to this Procedure.

Provisions of appendices 1 and 2 to this Procedure do not extend to the relations between carriers of state members of EEU on rendering services in use of locomotives and locomotive crews on sites of infrastructure of state members of EEU which are provided based on the agreements (agreements) signed between such carriers according to the legislation of state members of EEU.

5. The procedure and conditions of rendering other services of rail transport within forming of the total market of transport services are determined if necessary by international treaties within EEU.

6. Rates for services of rail transport in transportation of goods, passengers, baggage and cargo baggage and (or) their limit (price limits) are established (change) the authorized body responsible for realization of the Procedure, in coordination with authorized state antimonopoly authority of the Kyrgyz Republic, and also according to the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic, with possibility of differentiation of rates according to the legislation of the Kyrgyz Republic, and also with respect for the following principles:

1) compensation of economically reasonable costs which are directly relating to the rendered services of rail transport;

2) ensuring development of rail transport according to the legislation of state members of EEU;

3) ensuring transparency of rates for services of rail transport, and also possibility of additional review of such rates and (or) their limit (price limits) in case of sharp change of economic conditions with preliminary informing state members of EEU;

4) ensuring publicity of decision making about establishment of rates for services of rail transport;

5) application of the harmonized approach to determination of the nomenclature of freights and rules of establishment of rates for the services of rail transport rendered in conditions of natural monopoly.

7. Decisions on change of price level on services of rail transport in transportation of goods are subject to official publication in mass media of the Kyrgyz Republic, to the obligatory direction to authorized bodies of state members of EEU and in the Euroasian economic commission no later than ten working days before date of their entry into force.

8. If actions of national carrier for change of price level on services of rail transport in transportation of goods violate the rights and consumer interests, consumers have the right to address to national antimonopoly authority of state member of EEU in the territory of which the consumer is or lives, with the statement for protection violated the rights and the interests.

Appendix 1

to the Procedure for regulation of access to services of rail transport, including fundamentals of tariff policy

Rules of access to services of infrastructure of rail transport public

1. General provisions

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