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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 the rail transport, including fundamentals of tariff policy

For the purpose of increase in efficiency of access to services of the rail transport, according to the Law of the Kyrgyz Republic "About the 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. To approve the Procedure for regulation of access to services of the 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 the construction, transport and communications of Government office of the Kyrgyz Republic.

Prime Minister

S. Zheenbekov

Appendix

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

1. This Procedure for regulation of access to services of the 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 the rail transport", extends to the relations between the organizations of the 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 the rail transport - rendering the 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 the rail transport - the physical person or legal entity of the state member of EEU rendering services of the rail transport to consumers.

3. The organizations of the rail transport irrespective of belonging of the consumer to this or that state member of EEU, its form of business provide it access to services of the rail transport according to the presents Procedure and the Law of the Kyrgyz Republic "About the 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 engine 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 the rail transport within forming of the total market of transport services are determined if necessary by international treaties within EEU.

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